By: Shapiro S.B. No. 887

(In the Senate - Filed February 26, 2007; March 7, 2007, read first time and referred to Committee on Transportation and Homeland Security; March 28, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; March 28, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 887 By: Shapiro

A BILL TO BE ENTITLED

AN ACT

relating to the use of certain revenue generated by Texas Department of Transportation toll projects and to the membership and functions of metropolitan planning organizations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 228.0055, Transportation Code, is amended to read as follows:

Sec. 228.0055. USE OF CONTRACT PAYMENTS AND OTHER REVENUE. (a) Payments, project savings, refinancing dividends, and any other revenues received by the department under a comprehensive development agreement shall [may] be used by the department to finance the construction, maintenance, or operation of [a] transportation projects [project] or air quality projects [project] in the region.

(a-1) The department shall allocate the distribution of funds to department districts in the region under Subsection (a) based on the percentage of toll revenue from users, from each department district, of the project that is the subject of the comprehensive development agreement. To assist the department in determining the allocation, each entity responsible for collecting tolls for a project shall calculate on an annual basis the percentage of toll revenue from users of the project from each department district based on the number of recorded electronic toll collections.

(b) The commission may not:

(1) revise the formula as provided in the department's unified transportation program, or its successor document, in a manner that results in a decrease of a department district's allocation because of a payment or other revenue received under Subsection (a); or

(2) take any other action that would reduce funding allocated to a department district because of payments or other revenue received under a comprehensive development agreement.

(c) A metropolitan planning organization may not take any action that would reduce distribution of funds or other resources to a department district because of the use of a payment or other revenue under Subsection (a).

SECTION 2. Section 228.006, Transportation Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:

(b) The commission may not:

(1) revise the formula as provided in the department's unified transportation program, or its successor document, in a manner that results in a decrease of a department district's allocation because of a payment under Subsection (a); or

(2) take any other action that would reduce funding allocated to a department district as a result of surplus revenues generated from a toll project located within the district.

(d) A metropolitan planning organization may not take any action that would reduce distribution of funds or other resources to a department district because of the use of a payment or other revenue under Subsection (a).

SECTION 3. Chapter 221, Transportation Code, is amended by adding Section 221.004 to read as follows:

Sec. 221.004. METROPOLITAN PLANNING ORGANIZATION MEMBERSHIP AND FUNCTIONS. (a) The policy board of a metropolitan planning organization in the state must include:

(1) one state senator from a senate district that includes territory in the metropolitan planning organization selected by unanimous agreement of all senators representing districts that include territory in the organization or, in the absence of unanimous agreement, the senator from the most populous senate district that includes territory in the organization; and

(2) two state representatives from districts that include territory in the metropolitan planning organization selected by vote of all state representatives from districts that include territory in the organization.

(b) If a metropolitan planning organization is required or permitted to review bids for a comprehensive development agreement for a project all or part of which is in the territory of the metropolitan planning organization, the organization must use the services of an independent financial advisor to advise the organization in its review and in any recommendations that the organization makes.

SECTION 4. 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, 2007.

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