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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Texas Department of |
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Transportation in an area under the jurisdiction of a local or |
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regional toll authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 228.001, Transportation Code, is amended |
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by adding Subdivision (7) to read as follows: |
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(7) "Local or regional toll authority" means: |
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(A) a county or local government corporation |
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under Chapter 284; |
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(B) a regional tollway authority under Chapter |
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366; or |
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(C) a regional mobility authority under Chapter |
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370. |
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SECTION 2. Subchapter A, Chapter 228, Transportation Code, |
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is amended by adding Section 228.011 to read as follows: |
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Sec. 228.011. TOLL PROJECTS IN TERRITORY OF LOCAL OR |
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REGIONAL TOLL AUTHORITY. (a) Before the department may enter into a |
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contract for the construction or operation of a toll project any |
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part of which is located in the territory of a local or regional |
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toll authority, the department must obtain the consent of: |
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(1) the commissioners court of each county in which |
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the toll project or proposed toll project is located; and |
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(2) the governing body of each local or regional toll |
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authority in which the toll project or proposed toll project is |
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located. |
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(b) A local or regional toll authority is the entity |
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primarily responsible for the construction and operation of a toll |
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project in the territory of the authority. To the extent authorized |
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or required by this title, the department shall assist a local or |
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regional toll authority in constructing and operating toll projects |
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in the territory of the authority, including by allowing |
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connections with the state highway system and access to state |
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right-of-way. This subsection does not limit the department's |
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authority to participate in the cost of acquisition, construction, |
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maintenance, or operation of a toll project of a local or regional |
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toll authority under Section 222.103. |
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(c) A toll revenue sharing agreement between the department |
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and a local or regional toll authority in connection with a toll |
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project constructed or operated by the authority that is on or |
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directly connected to the state highway system may not require the |
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authority to pay the department more than 15 percent of the net toll |
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revenue from the toll project. |
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SECTION 3. This Act takes effect September 1, 2007. |