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Amend CSHB 300 (house committee printing) as follows:
(1) Add the following appropriately numbered ARTICLE to the bill and renumber subsequent ARTICLES of the bill accordingly:
ARTICLE ___. TOLL PROJECT ENTITIES
SECTION ____.01. Subchapter A, Chapter 284, Transportation
Code, is amended by adding Section 284.014 to read as follows:
Sec. 284.014. SUNSET PROVISION. The authority granted to a
county under this chapter is abolished September 1, 2013, unless
continued by the legislature.
SECTION ____.02. Subchapter B, Chapter 366, Transportation
Code, is amended by adding Section 366.039 to read as follows:
Sec. 366.039. SUNSET PROVISION. A regional tollway
authority created or established under this chapter, including an
entity established as a regional tollway authority under Chapter
1171 (SB 370), Acts of the 75th Legislature, Regular Session, 1997,
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
authority is abolished September 1, 2013.
SECTION ____.03. Subchapter B, Chapter 370, Transportation
Code, is amended by adding Section 370.0314 to read as follows:
Sec. 370.0314. SUNSET PROVISION. A regional mobility
authority created under this chapter or prior law is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the authority is
abolished September 1, 2013.
SECTION ____.04. Chapter 371, Transportation Code, as added
by Chapters 103 (HB 570) and 258 (SB 11), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted, redesignated as
Chapter 372, Transportation Code, and amended to read as follows:
CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF
TOLL PROJECT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:
(1) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project:
(A) is a part of the state highway system; or
(B) is subject to the jurisdiction of the
department.
(2) "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
(A) the department under Chapter 227 or 228;
(B) a regional tollway authority under Chapter
366;
(C) a regional mobility authority under Chapter
370; or
(D) a county under Chapter 284.
(3) "Local toll project entity" means a toll project
entity other than the department.
SUBCHAPTER B. TOLL PROJECT OPERATION
Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION
OR LICENSE PLATE INFORMATION. (a) A toll project entity may not
use motor vehicle registration or other information derived from a
license plate on a vehicle using a toll project, including
information obtained by the use of automated enforcement technology
described by Section 228.058, for purposes other than those related
to:
(1) toll collection and toll collection enforcement;
and
(2) law enforcement purposes on request by a law
enforcement agency [, subject to Section 228.058(d)].
(b) If a toll project entity enters into an agreement with
an entity in another state that involves the exchange of motor
vehicle registration or license plate information for toll
collection or toll collection enforcement purposes, the agreement
must provide that the information may not be used for purposes other
than those described in Subsection (a).
Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT DISASTER
RELIEF ORGANIZATIONS. [(a) In this section:
[(1) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project is:
[(A) a part of the state highway system; or
[(B) subject to the jurisdiction of the
department.
[(2) "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
[(A) the department under Chapter 227 or 228;
[(B) a regional tollway authority under Chapter
366;
[(C) a regional mobility authority under Chapter
370; or
[(D) a county under Chapter 284.
[(b)] A toll project entity may not require a vehicle
registered under Section 502.203 to pay a toll for the use of a toll
project.
[Sections 372.053-372.100 reserved for expansion]
SUBCHAPTER C. CONSTRUCTION, IMPROVEMENT, AND MAINTENANCE
Sec. 372.101. EXPENDITURES FOR TOLL PROJECT LANDSCAPING.
(a) For each contract for a toll project that is located in an area
designated by the United States Environmental Protection Agency as
a nonattainment or near-nonattainment area under Section 107(d) of
the federal Clean Air Act (42 U.S.C. Section 7407), the toll project
entity shall allocate to the district or districts in which the
project is to be located an amount equal to one-half of one percent
of the total amount to be spent under the contract for construction,
maintenance, and improvement of the project to be used for
landscaping improvements for the project or other projects in the
district or districts.
(b) Landscaping improvements may include:
(1) planting indigenous or adapted trees and other
plants that are suitable for the climate in the area; and
(2) preparing the soil and installing irrigation
systems for the growth of trees and plants.
[Sections 372.102-372.150 reserved for expansion]
SUBCHAPTER D. LOCAL TOLL PROJECT ENTITY PROVISIONS
Sec. 372.151. AUDITS. The books and records of a local toll
project entity for which the entity uses state highway right-of-way
are subject to audit by the department and the state auditor.
Sec. 372.152. CONTRACTOR CONTRIBUTIONS PROHIBITED. A
person who enters into or submits a proposal for a contract with a
local toll project entity under this chapter or Chapter 228, 284,
366, or 370 may not make a political contribution to a person who is
a member of the governing body of a local toll project entity.
Sec. 372.153. PROHIBITED ACTS OF LOCAL TOLL PROJECT
ENTITIES AND INDIVIDUALS. (a) A local toll project entity may not
use any money under its control to finance or otherwise support the
candidacy of a person for an office in the legislative, executive,
or judicial branch of state government or of the government of the
United States. This prohibition extends to the direct or indirect
employment of a person to perform an action described by this
subsection.
(b) A board member or employee may not use a motor vehicle
owned or leased by the local toll project entity for a purpose
described by Subsection (a).
(c) A board member or employee may not use official
authority or influence or permit the use of a program administered
by the local toll project entity of which the person is an officer
or employee to interfere with or affect the result of an election or
nomination of a candidate or to achieve any other political
purpose.
(d) A local toll project entity board member or employee may
not coerce, attempt to coerce, or command the payment, loan, or
contribution of any thing of value to a person or political
organization for a political purpose or restrict, attempt to
restrict, or prevent such a payment, loan, or contribution.
(e) For purposes of Subsection (c), a board member or
employee does not interfere with or affect the results of an
election or nomination if the individual's conduct is not
prohibited by a law relating to the individual's office or
employment and is not otherwise prohibited by law.
Sec. 372.154. EMPLOYMENT OF LOBBYIST. (a) A local toll
project entity may not use any money under its control to employ, as
a regular full-time or part-time or contract employee, a person who
is required by Chapter 305, Government Code, to register as a
lobbyist.
(b) A local toll project entity may not use any money under
its control to pay, on behalf of the entity or a board member or
employee of the entity, membership dues to an organization that
pays part or all of the salary of a person who is required by Chapter
305, Government Code, to register as a lobbyist.
(c) A local toll project entity that violates this section
is not eligible to receive additional state funds or exercise any
right of primacy for a toll road granted by the legislature to
develop, finance, construct, and operate a project.
Sec. 372.155. LEGISLATIVE LOBBYING. (a) A local toll
project entity may not use any money under its control to attempt to
influence the passage or defeat of a legislative measure.
(b) This section does not prohibit a board member or
employee from using the entity's resources to provide public
information or to provide information responsive to a request.
(c) A local toll project entity that violates this section
is not eligible to receive additional state funds or exercise any
right of primacy for a toll road granted by the legislature to
develop, finance, construct, and operate a project.
Sec. 372.156. TERMINATION OF EMPLOYMENT. A local toll
project entity board member or employee who causes an employee to be
discharged, demoted, or otherwise discriminated against for
providing information under Section 372.155(b) or who violates
Section 372.153(c) or (d) is subject to immediate termination of
employment.
Sec. 372.157. COMPENSATION PROHIBITION. A local toll
project entity may not use any money under its control to compensate
a board member or employee who violates Section 372.153 or who
causes or assists in the violation of Section 372.154 or
372.155(a), or an employee who is subject to termination under
Section 372.156.
Sec. 372.158. ADVISORS, CONSULTANTS, AUDITORS, AND OTHER
EXPERTS. A person may not serve as a consultant, or advisor,
auditor, or other expert in connection with a contract of a local
toll project entity if the person or the person's affiliates have a
financial interest in the contract.
Sec. 372.159. NOTICE OF PROHIBITIONS. (a) A local toll
project entity shall deliver to each board member and employee of
the entity a copy of Sections 372.153, 372.154, 372.155, 372.156,
372.157, and 372.158 and require a signed receipt on delivery. A new
copy and receipt are required if one of those provisions is changed.
(b) A local toll project entity shall maintain receipts
collected from current board members and employees under this
section in a manner accessible for public inspection.
Sec. 372.160. TOLL PROJECT INFORMATION. (a) A local toll
project entity may, notwithstanding Chapter 2113, Government Code,
engage in marketing, advertising, and other activities to provide
information relating to the status of pending or ongoing toll
projects and may enter into contracts or agreements necessary to
procure marketing, advertising, or informational services from
outside service providers.
(b) This section does not authorize a local toll project
entity to engage in marketing, advertising, or other activities for
the purpose of influencing public opinion about the use of toll
roads or the use of tolls as a financial mechanism.
Sec. 372.161. TERMINOLOGY FOR COUNTIES ACTING UNDER CHAPTER
284. For the application of this subchapter to a county acting
under Chapter 284, a reference to a board member of a local toll
project entity means a county commissioner of the county and a
reference to administrative head of a local toll project entity
means the county judge of the county.
SECTION ____.05. The following sections of the
Transportation Code are repealed:
(1) Section 228.004;
(2) Section 284.072;
(3) Section 366.181; and
(4) Section 370.180.
(2) Strike SECTION 7.02 of the bill (page 104, lines 5-24).