79R12465 MTB-F
By: Krusee H.B. No. 2704
Substitute the following for H.B. No. 2704:
By: Phillips C.S.H.B. No. 2704
A BILL TO BE ENTITLED
AN ACT
relating to the authority of local governments to enter into
certain agreements for the construction, maintenance, or operation
of toll or nontoll projects or facilities on the state highway
system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 791, Government Code, is
amended by adding Section 791.033 to read as follows:
Sec. 791.033. CONTRACTS TO CONSTRUCT, MAINTAIN, OR OPERATE
FACILITIES ON STATE HIGHWAY SYSTEM. (a) In this section, "state
highway system" means the highways in this state included in the
plan providing for a system of state highways prepared under
Section 201.103, Transportation Code.
(b) A local government may enter into and make payments
under an agreement with another local government for the design,
development, financing, construction, maintenance, operation,
extension, expansion, or improvement of a toll or nontoll project
or facility on the state highway system located within the
boundaries of the local government or, as a continuation of the
project or facility, within the boundaries of an adjacent local
government.
(c) An agreement under this section must be approved by the
Texas Department of Transportation.
(d) Notwithstanding Section 791.011(d), to make payments
under an agreement under this section, a local government may:
(1) pledge revenue from any available source,
including payments received under an agreement with the Texas
Department of Transportation under Section 222.104, Transportation
Code;
(2) pledge, levy, and collect taxes to the extent
permitted by law; or
(3) provide for a combination of Subdivisions (1) and
(2).
(e) The term of an agreement under this section may not
exceed 40 years.
(f) Any election required to permit action under this
section must be held in conformance with the Election Code or other
law applicable to the local government.
(g) In connection with an agreement under this section, a
county or municipality may exercise any of the rights and powers
granted to the governing body of an issuer under Chapter 1371.
(h) This section is wholly sufficient authority for the
execution of agreements, the pledge of revenues, taxes, or any
combination of revenues and taxes, and the performance of other
acts and procedures authorized by this section by a local
government without reference to any other provision of law or any
restriction or limitation contained in those provisions, except as
specifically provided by this section. To the extent of any
conflict or inconsistency between this section and any other law,
this section shall prevail and control. A local government may use
any law not in conflict with this section to the extent convenient
or necessary to carry out any power or authority, expressed or
implied, granted by this section.
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, 2005.