Amend Amendment No. 123 by Smith of Harris to CSHB 300 (on 
page 317 of the prefiled amendment packet) as follows:
	In ARTICLE ____ of the bill, by adding the following 
SECTIONS, appropriately numbered, and renumbering existing 
SECTIONS in ARTICLE ____ accordingly:
	SECTION ____. Chapter 223, Transportation Code, is amended by 
adding Sections 223.2011 to read as follows:
	Sec. 223.2011. CDA AUTHORITY IN POPULOUS COUNTY FOR CERTAIN 
PROJECTS.        
	(a) This Subsection applies only to (i) the portion of I-69 
and the Trans-Texas Corridor and any successor project located in a 
county with a population of 3.3 million or more and any adjacent 
county, (ii) any comprehensive development agreement or related 
agreement entered into by the department in connection with such 
projects, and (iii) any toll or other projects in the region the 
revenues or assets of which are to be used in connection with the 
financing of such projects.
	(b) As used in this Subsection the term "region" means a 
county with a population of 3.3 million or more and the counties 
that are adjacent to that county.
	(c) Any payments, project savings, refinancing dividends, 
and any other revenue, including surplus revenue, received by the 
commission or the department under the comprehensive development 
agreement or any related agreement, and any revenue attributable to 
any toll or other projects in the region, shall be used only to pay 
the costs or to finance the construction, maintenance, or operation 
of transportation projects or air quality projects in the region.
	(d) No third party shall have any rights under the 
comprehensive development agreement or any related agreement that 
conflicts with, infringes on or impairs the rights of any county 
with respect to the development or operation of any project under 
Section 228.011 or Section 228.0111 or other applicable law that 
provides for a process under which the county has the first option 
to develop and operate a project.
	(e) A comprehensive development agreement and any related 
agreement that includes a provision that grants a private entity 
the right to finance and develop a toll project in the region or 
collect and receive toll revenue from a project in the region shall 
not be effective unless the agreement meets the requirements of 
this Section.