78R9715 MTB-F


By:  Krusee                                                       H.B. No. 2962

Substitute the following for H.B. No. 2962:                                   

By:  Phillips                                                 C.S.H.B. No. 2962



A BILL TO BE ENTITLED

AN ACT

relating to the use of shadow tolls for financing certain highway 
facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 222, Transportation Code, 
is amended by adding Section 222.104 to read as follows:
	Sec. 222.104.  SHADOW TOLLS. (a) In this section, "shadow  
toll" means a per vehicle fee or a per vehicle mile fee that is  
determined by the number of vehicles using a highway.
	(b)  The department may enter into an agreement with a public  
or private entity that provides for the payment of shadow tolls to 
the public or private entity as reimbursement for the construction,  
maintenance, or operation of a toll or nontoll facility on the  
state highway system by the public or private entity.
	(c)  The department may enter into an agreement with a public 
or private entity that provides for the payment of shadow tolls to  
the department as reimbursement for the department's construction, 
maintenance, or operation of a toll or nontoll facility on the state 
highway system that is financed by the public or private entity.
	(d)  The department may enter into an agreement with a 
regional mobility authority, a regional tollway authority, or a 
county acting under Chapter 284 that provides for:
		(1)  the payment of shadow tolls to the authority or 
county as compensation for the payment of all or a portion of the 
costs of maintaining a state highway or a portion of a state highway 
converted to a toll facility of the authority or county that the 
department estimates it would have incurred if the highway had not 
been converted; or
		(2)  the payment by an authority or county of shadow 
tolls to the department as reimbursement for all or a portion of the  
costs incurred by the department to design, construct, and maintain 
a state highway or a portion of a state highway converted to a toll 
facility of the authority or county.
	(e)  The department or other public entity may use any 
available funds for the purpose of making a shadow toll payment 
under this section.
	(f)  The commission may adopt rules necessary to implement 
this section. Rules adopted under this subsection may establish 
criteria for:
		(1)  determining the amount of shadow tolls to be paid 
under this section; and
		(2)  allocating the risk that traffic volume will be 
higher or lower than the parties to an agreement under this section 
anticipated in entering the agreement.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.