By: Isett H.R. No. 3054

R E S O L U T I O N

BE IT RESOLVED by the House of Representatives of the State of Texas, 81st Legislature, Regular Session, 2009, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on House Bill 300 (the continuation and functions of the Texas Department of Transportation; providing penalties) to consider and take action on the following matters:

(1) House Rule 13, Sections 9(a)(1) and (2), are suspended to permit the committee to alter and omit text which is not in disagreement in Section 1.04 of the bill at the end of added Section 201.117, Transportation Code, which relates to the use of available technology to enhance compliance with the Texas Motor Vehicle Safety Responsibility Act and was included in both the house and senate versions of the bill, so that the added section omits text relating to the Texas Motor Vehicle Safety Responsibility Act to read as follows:

Sec. 201.117. TECHNOLOGICAL SOLUTIONS. The commission shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions. The policy must ensure that the public is able to interact with the department on the Internet.

Explanation: The change is necessary because enforcement of the Texas Motor Vehicle Safety Responsibility Act is more appropriately a law enforcement of the Public Safety Commission than a function of the Texas Transportation Commission.

(2) House Rule 13, Sections 9(a)(1) and (4), are suspended to permit the committee, in Section 1.12 of the bill, to add Subsection (b) to Section 1.12 to read as follows:

(b) Not later than January 1, 2010, the Texas Transportation Commission shall adopt the rules required by Section 202.031(a-1), Transportation Code, as added by Subsection (a) of this section.

Explanation: This change is necessary because added Section 202.031(a-1), Transportation Code, requires the Texas Transportation Commission to adopt certain rules, but does not specify a date by which the rules must be adopted.

(3) House Rule 13, Sections 9(a)(1) and (2), are suspended to permit the committee to alter and omit text which is not in disagreement in Section 1.40 of the bill in added Section 311.905, Transportation Code, by deleting references to the Texas Department of Transportation that were in both the house and senate versions of the bill, so that the added section reads as follows:

Sec. 311.905. NOTICE OF TRANSPORTATION USER'S FEE BY MUNICIPALITY. (a) A municipality that imposes a fee on the user of a benefited property equal to the prorated annual cost of the transportation system owned by the municipality that can reasonably be attributed to the benefited property must provide notice to the user of the fee.

(b) The notice to the user required under Subsection (a) is adequate if the fee amount is stated on monthly billing statements to the user for metered utility service provided by the municipality to the user.

Explanation: This change is necessary because added Section 311.905, Transportation Code, relates to the authority of a municipality to impose certain fees on property owners, which is a purely local matter, and the added requirement that the Texas Department of Transportation be provided notice of the imposition of such a fee is unnecessary and serves no purpose.

(4) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee, in SECTION 2.04 of the bill, to add text to Section 201.981, Transportation Code, to read as follows:

(1) "Local transportation entity" means an entity that participates in the transportation planning process. The term includes:

(A) a metropolitan planning organization;

(B) a rural planning organization;

(C) a regional tollway authority organized under Chapter 366;

(D) a regional transportation authority operating under Chapter 452;

(E) a rural transit district as defined by Section 458.001;

(F) a coordinated county transportation authority operating under Chapter 460;

(G) a regional mobility authority operating under Chapter 370; and

(H) a county, including a county operating under Chapter 284.

(2) "Planning organization" means:

(A) a metropolitan planning organization;

(B) a rural planning organization; or

(C) for an area that is not in the boundaries of a metropolitan planning organization or a rural planning organization, the department district.

(3) "Transportation project" means the planning, right-of-way acquisition, expansion, improvement, addition, or contract maintenance, other than the routine or contracted routine maintenance, of:

(A) a bridge;

(B) a highway;

(C) a toll road or toll road system;

(D) a railroad;

(E) an enhancement of a roadway that increases the safety of the traveling public;

(F) an air quality improvement initiative; or

(G) a transportation enhancement activity under 23 U.S.C. Section 133.

Explanation: This change is necessary for the definition of "local transportation entity" to include a county, including a county operating under Chapter 284.

(5) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add Section 201.9841(b) to proposed Subchapter P, Chapter 201, Transportation Code:

(b) In this subchapter, unless the context clearly indicates otherwise, "funds" or "funding" means the estimates of federal and state money reasonably expected to be available for expenditure on transportation projects during the relevant period.

Explanation: This change is necessary to provide for a definition for "funds" and "funding" for the purpose of the requirement that the commission use a cash flow forecast to allocate funding to the planning organizations.

(6) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add Section 201.987(e) to proposed Subchapter P, Transportation Code:

(e) The department shall use the planning organizations' project lists to create the statewide transportation program and budget. The statewide transportation program and budget must include:

(1) the official cash flow forecast under Section 201.984; and

(2) each region's estimated allocation of funds.

Explanation: This change is necessary to provide for the requirement that the Texas Department of Transportation use the planning organizations' project lists to create the statewide transportation program and budget.

(7) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add Section 201.988 to proposed Subchapter P, Chapter 201, Transportation Code:

Sec. 201.988. TRANSPORTATION ALLOCATION FUNDING FORMULA. (a) The commission shall adopt rules that create funding formulas for transportation projects. In developing the formulas the commission shall consider the input of planning organizations, transportation officials, and county and municipal officials.

(b) The commission shall allocate to metropolitan planning organizations operating in areas that are a transportation management area, as defined by 23 U.S.C. Section 134(k), the following categories of funds:

(1) metropolitan area corridor projects;

(2) metropolitan mobility and rehabilitation projects;

(3) congestion mitigation and air quality improvement projects in non-attainment areas; and

(4) a percentage of transportation enhancements project funding as determined by formula for projects recommended by the metropolitan planning organizations under rules adopted by the commission.

(c) The commission shall allocate to metropolitan planning organizations that are not a transportation management area, as defined by 23 U.S.C. Section 134(k), the following categories of funds:

(1) urban area corridor projects; and

(2) a percentage of transportation enhancements project funding as determined by formula for projects recommended by the metropolitan planning organizations under rules adopted by the commission.

(d) The funds allocated under Subsections (b) and (c) shall be allocated by a formula to each metropolitan planning organization that takes into consideration performance measures and includes at least the following criteria:

(1) lane miles;

(2) level of congestion;

(3) percentage of population below federal poverty level;

(4) census population;

(5) safety;

(6) total vehicle miles traveled; and

(7) truck vehicle miles traveled.

(e) The commission shall provide funding estimates to the planning organizations for the project costs of all transportation projects. The commission shall adopt appropriate formulas for the different types of transportation projects, including funding for statewide connectivity projects. The commission shall adopt rules for all transportation formulas.

Explanation: This change is necessary to provide for the development of funding formulas for transportation projects.

(8) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add Section 201.9892(b) to proposed Subchapter P, Chapter 201, Transportation Code:

(b) At a minimum, the performance measures adopted under Subsection (a) must include:

(1) the peak hour travel congestion in the eight largest metropolitan areas in contrast with previous state fiscal years;

(2) the percentage of projects for which environmental clearance is obtained on or before the planned implementation timelines;

(3) the percentage of projects for which right-of-way acquisition is completed on or before the planned implementation timelines;

(4) the percentage of parcels acquired through negotiation;

(5) the average time between selection and execution of a contract for engineering services;

(6) the total amount spent for right-of-way as a percentage of the original estimated amount;

(7) the percentage of highway improvement contracts executed on or before the planned implementation timelines for letting;

(8) the percentage of construction contracts executed on or before the planned letting date;

(9) the total amount spent for construction contracts as a percentage of the final design estimated amount;

(10) for all highway improvement contracts completed during the state fiscal year, the percentage completed within 20 percent of the original contract time;

(11) construction contract adjustments as a percentage of original contract price;

(12) for all highway improvement contracts completed during the state fiscal year, the percentage completed within 10 percent of the original contract price;

(13) for all highway improvement contracts completed during the state fiscal year, the percentage of the total contract adjustments as a percentage of the total original contract price;

(14) of the federal funds subject to forfeiture at the end of the state fiscal year, the percentage that was committed by the department;

(15) the amounts of cash receipts and disbursements in contrast with the forecasted amounts;

(16) the amount obligated to be spent in connection with contracts or participation in contracts with minority, disadvantaged, and small business enterprises as a percentage of the amount spent on all contracts;

(17) the percentage of lane miles on the state highway system that have a pavement condition rating of excellent or good;

(18) the number of lane miles on the state highway system that were resurfaced in contrast with the number planned; and

(19) the number of vehicle miles traveled in contrast with previous state fiscal years.

Explanation: This change is necessary to provide for the Texas Department of Transportation to develop minimum performance measures for the work plan required by proposed Section 201.989, Transportation Code.

(9) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text not included in either version of the bill in proposed SECTION 4.03 of the bill, in added Section 223.201(j), Transportation Code, so that it reads as follows:

(j) Notwithstanding any other law to the contrary:

(1) the department's authority to enter into a comprehensive development agreement and any related facility agreement, whether under this section or any other law, is limited to highway, road, and rail projects, and may not be considered to extend to projects involving public utilities or any other facility that is not a highway, road, or rail facility; and

(2) except in connection with any existing rights granted to a private entity with respect to the State Highway 130 project, the department may not charge any fee or grant a private entity the right to charge or collect any fee in connection with a comprehensive development agreement or any related agreement under Chapter 227 or any successor law in connection with any facility that is not a highway, road, or rail facility, including a public utility facility.

Explanation: The addition is necessary to limit the authority of the Texas Department of Transportation to enter into comprehensive development agreements to agreements for highway, road, and rail projects only, and to prohibit that department from charging a fee under a comprehensive development agreement or related agreement in connection with a facility that is not a highway, road, or rail facility.

(10) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee in SECTION 4.08 of the bill to add text in Section 223.212, Transportation Code, to read as follows:

Sec. 223.212. PROHIBITION AGAINST NONCOMPETITION PROVISIONS. Except as provided by Section 371.103(b), the department may not enter into a comprehensive development agreement for a toll project, including a managed lane, that contains a provision that limits or prohibits the construction, reconstruction, expansion, rehabilitation, operation, or maintenance of a nontolled highway by the department or a provision that requires the department to reimburse a private entity for the loss of toll revenue attributable to the construction of a nontolled highway.

Explanation: The change is necessary to prohibit the department from entering into a comprehensive development agreement that contains certain noncompetition provisions.

(11) House Rule 13, Section (9)(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting amended Section 503.029, Transportation Code.

Explanation: The omission of the text is necessary because the provision of law included in the omitted text has been amended in the same manner in another Act of the 81st Legislature, Regular Session, 2009.

(12) House Rule 13, Section (9)(a)(4), is suspended to permit the committee to add text not included in either version of the bill in proposed SECTION 17.04 of the bill, in added Section 370.040, Transportation Code, so that it reads as follows:

Sec. 370.040. TOLL COLLECTION. (a) In this section, "tolling services" means the tolling services normally provided through an authority's customer service center or through contracted services provided to the authority, including customer service, customer account maintenance, transponder supply, and toll collection and enforcement.

(b) An authority shall provide, for reasonable compensation, tolling services for a toll project in the geographic boundaries of the authority, regardless of whether the toll project is developed, financed, constructed, and operated under an agreement, including a comprehensive development agreement, with the authority or another entity. Nothing contained in this section shall restrict an authority from agreeing to additional tolling services in an agreement described in Subsection (d). Any such additional tolling services shall be subject to the same provisions that apply to tolling services under this section.

(c) An authority may not provide financial security, including a cash collateral account, for the performance of tolling services it provides under this section if:

(1) the authority determines that providing security could restrict the amount or increase the cost of bonds or other debt obligations the authority may subsequently issue under this chapter; or

(2) the authority is not reimbursed its cost of providing the security.

(d) Before providing tolling services for a toll project under this section, an authority must enter into a written agreement that sets out the terms and conditions for the tolling services to be provided and the terms of compensation for those services.

(e) Toll revenues are the property of the entity that is entitled to the revenues under a tolling services agreement for the toll project, regardless of who holds or collects the revenues. Toll revenues that are held or collected by an authority under a tolling services agreement that are not the property of the authority are not subject to a claim adverse to the authority or a lien on or encumbrance against property of the authority. Toll revenues that are the property of the authority are not subject to a claim adverse to any other entity or a lien on or encumbrance against property of any other entity.

(f) An authority may agree in a tolling services agreement that its right and obligation to provide services for that toll project under this section are subject to termination for default, and that after any such termination, this section no longer applies to that toll project.

(g) Any public or private entity, including an authority or the department, may agree to fund a cash collateral account for the purpose of providing funds that may be withdrawn as provided in the tolling services agreement because of an authority's failure to make any payment as required by the tolling services agreement. An authority's written commitment to fully or partially fund a cash collateral account conclusively evidences its determination that the commitment does not violate Subsection (c). The department may expend money from any available source for this purpose.

(h) Subsection (b) may be waived by the authority under a written agreement between the authority and the entity developing the toll project.

Explanation: The addition is necessary to allow a regional mobility authority to provide tolling services to toll projects in the geographic boundaries of the authority under certain circumstances.

(13) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text not included in either version of the bill in proposed SECTION 17.18 of the bill so that it reads as follows:

SECTION 17.18. Section 370.040, Transportation Code, as added by this article, does not apply to any segment, extension or expansion of the I-35/SH 130 project within the previously designated Interstate 35 corridor, a segment, extension, or expansion of the I-69/US 77 project within the previously designated Interstate 69 corridor, or any project for which the Texas Department of Transportation has entered into a contract to construct the project before the effective date of this article. Such a project, segment, extension, or expansion is governed by the law as it existed immediately before the effective date of this article, and that law is continued in effect for that purpose. Notwithstanding the foregoing, if there is, pursuant to a contract entered into after the effective date of this article, a transfer of a leasehold interest in, or right to operate and retain revenues from, a project that is not a segment, extension, or expansion of the I-35/SH 130 project within the previously designated Interstate 35 corridor or a segment, extension, or expansion of the I-69/US 77 project within the previously designated Interstate 69 corridor, and the department does not continue to provide tolling services for the project, Section 370.040 applies.

Explanation: The addition is necessary to exempt certain projects from the changes in law made to provisions in the bill relating to regional mobility authority tolling services.

(14) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting text amending Section 228.004, Transportation Code.

Explanation: The omission of the text is necessary because the provisions of law included in the omitted text have been amended in the same manner in another Act of the 81st Legislature, Regular Session, 2009.

(15) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting text amending Section 228.201, Transportation Code, by omitting the repeal of Sections 228.202, 228.203, 228.207, and 228.208, Transportation Code, and by omitting the transition language associated with those provisions.

Explanation: The omission of the text is necessary to remove changes to the conditions required for the Texas Department of Transportation to operate a nontolled state highway or a segment of a nontolled state highway as a toll project.

(16) Senate Rule 12.03(3) is suspended to permit the committee to add text on a matter not in disagreement in the heading of ARTICLE 12 of the bill so that it reads as follows:

ARTICLE 12. REPEAL OF THE TRANS-TEXAS CORRIDOR

Explanation: The addition is necessary to rename the title of the article.

(17) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text not included in either the house or senate version of the bill to ARTICLE 12:

SECTION 12.12. The changes in law made by this Act to Sections 11.11(j), 25.06(c)(1), and 25.07(c)(1), Tax Code, do not apply to any portion of a facility owned by the Texas Department of Transportation that is part of the SH 130, Segments 5 and 6 project, or to a leasehold or other possessory interest in a facility owned by the Texas Department of Transportation that is part of the SH 130, Segments 5 and 6 project. Sections 11.11(j), 25.06(c)(1), and 25.07(c)(1), Tax Code, as those sections existed immediately before the effective date of this Act, are continued in effect for those purposes.

Explanation: The change is necessary to exclude certain leaseholds, possessory interests, and portions of a facility owned by the Texas Department of Transportation from the applicability of Sections 11.11(j), 25.06(c)(1), and 25.07(c)(1), Tax Code, as amended by the bill.

(18) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting amended Section 701.006, Transportation Code, and omitting the repeal of Section 701.002(b), Transportation Code.

Explanation: The omission of the text is necessary because the provisions of law included in the omitted text have been amended and repealed in the same manner in another Act of the 81st Legislature, Regular Session, 2009.

(19) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add new text not included in either the house or senate version of the bill by adding the following appropriately numbered ARTICLE to the bill:

ARTICLE 46. LAND RECLAMATION PROJECT AGREEMENT

SECTION 46.01. Subchapter C, Chapter 361, Health and Safety Code, is amended by adding Section 361.1127 to read as follows:

Sec. 361.1127. LAND RECLAMATION PROJECTS USING TIRES. (a) In this section:

(1) "Land reclamation" means the process of restoring an area of excavated, deteriorated, or disturbed land to its approximate natural grade and to prepare or reclaim the land for reuse.

(2) "Scrap tire" has the meaning assigned by Section 361.112.

(b) A person may not begin a land reclamation project using scrap tires without a permit issued by the commission under this chapter.

(c) A person may not use scrap tires for a land reclamation project unless the tires are shredded, split, or quartered as provided by commission rule. The commission may grant an exception to this requirement if the commission finds that circumstances warrant the exception.

(d) The commission may not grant a permit for a land reclamation project using scrap tires before:

(1) the commission receives comments or suggestions from:

(A) the governing body of any municipality in the corporate limits of which the proposed project is located; or

(B) if the proposed project is not located in a municipality:

(i) the commissioners court of each county in which the proposed project is located;

(ii) each groundwater conservation district, if any, in which the proposed project is located; and

(C) the Texas Department of Transportation, regarding whether the tires to be interred during the proposed land reclamation project might be diverted into road maintenance projects administered by the department; or

(2) the expiration of a time period, established by commission rule, in which the entities described by this subsection may offer comments.

(e) The application to request a permit for a land reclamation project using scrap tires must include at a minimum:

(1) a legal description of the area to be reclaimed;

(2) a map clearly identifying the area to be reclaimed and the topography of the area;

(3) an affidavit from the property owner certifying that the reclamation project complies with this section and the rules adopted under this section; and

(4) an analysis and evaluation of the environmental impacts on the soil and groundwater in the area of the proposed project that compare the impact of using scrap tires for the proposed reclamation project to the impact of at least one reasonable alternative method of land reclamation for the proposed project.

(f) The commission by rule shall:

(1) prescribe minimum standards to protect the soil and water for a land reclamation project using scrap tires; and

(2) adopt application forms and procedures for the permitting process under this section.

(g) The commission may amend, extend, transfer, or renew a permit issued under this section as provided by this chapter and commission rule.

(h) The notice and hearing procedures provided by this subchapter apply to a permit issued, amended, extended, or renewed under this section.

(i) The commission may, for good cause, deny, revoke, or amend a permit under this section for reasons concerning public health and safety, air or water pollution, land use, or a violation of this section as provided by Section 361.089.

(j) The commission shall enter an agreement with the Texas Department of Transportation to explore and develop opportunities to divert scrap tires from land reclamation projects to recycling projects, including road maintenance programs operated by the department.

SECTION 46.02. (a) Before September 1, 2010, the Texas Commission on Environmental Quality shall adopt any rules required to implement Section 361.1127, Health and Safety Code, as added by this Act.

(b) On or after the effective date of this Act, any person responsible for an ongoing or pending land reclamation project using scrap tires that has not yet placed the tires below ground may not place the tires below ground until the person has obtained a permit under Section 361.1127, Health and Safety Code, as added by this Act.

(c) To the extent that a land reclamation project using scrap tires has placed tires below ground before the effective date of this Act, the project is subject to the law in effect on the date the tires were placed below ground, and that law is continued in effect for that purpose.

(d) Before September 1, 2010, the Texas Commission on Environmental Quality shall enter the agreement with the Texas Department of Transportation as required by Section 361.1127(j), Health and Safety Code, as added by this Act.

Explanation: This change is necessary to create a system for regulating land reclamation projects using scrap tires through the issuance of permits.

(20) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting amended Sections 21.101, 21.105, and 21.112, Transportation Code.

Explanation: The omission of the text is necessary so that the bill does not permit the expansion of eligibility for receipt of state grant funds for airport operations if the owner of the airport is eligible to receive funds under the federal airport improvement program.

(21) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting added text relating to the creation, organization, governance, duties, and functions of the Texas Department of Motor Vehicles, including the transfer of certain duties to the Texas Department of Motor Vehicles and the Texas Department of Licensing and Regulation, and to the regulation of certain franchised motor vehicle dealers.

Explanation: The omission of the text is necessary because the provisions of law included in the omitted text have been substantially adopted under another Act of the 81st Legislature, Regular Session, 2009.

(22) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting added Section 456.009(c), Transportation Code.

Explanation: The omission of text is necessary to give the Texas Transportation Commission additional discretion in the allocation of funds under Subchapters B and C, Chapter 456, Transportation Code.

(23) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting Sections 284.0701(d) and (d-1), 284.0702(b) and (c), 366.178(f), (i), and (i-1), 370.177(e), (e-1), (g) and (i), Transportation Code.

Explanation: The omission is necessary because other legislation passed during the 81st Legislature, Regular Session, provided for these changes to the Transportation Code.

(24) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add ARTICLE 45 to the bill:

ARTICLE 45. PROHIBITION ON CERTAIN TRANSPORTATION FINANCING

SECTION 45.01. Subchapter G, Chapter 452, Transportation Code, is amended by adding Section 452.306 to read as follows:

Sec. 452.306. CERTAIN FUNDING PROHIBITED; APPROVAL OF ROUTE CHANGE. (a) This section applies only to a municipality that:

(1) has a population of more than 200,000 and less than 250,000; and

(2) is located in a county in which another municipality with a population of more than one million is predominantly located.

(b) State funding or funding from any local option method of finance authorized at an election may not be used to directly or indirectly finance a project with the purpose of circumventing or moving the Orange Line of the authority to which this subchapter applies from its established proposed route directly into the operational area of the Dallas-Fort Worth International Airport located between Terminals A and B.

(c) Only if approved by resolution adopted by the governing body of a municipality to which this section applies may a deviation occur in the Orange Line route and alignment from Bachman Station in northwest Dallas, northwest to the Las Colinas Urban Center by the year 2011, continuing northwest to the Belt Line Station by the year 2012, continuing to the northwest along the south side of State Highway 114, turning south along International Parkway, and not crossing State Highway 121 or State Highway 114 after entering onto Dallas-Fort Worth International Airport property to create the shortest, most direct route practicable to facilitate a direct connection to the operational area of Dallas-Fort Worth International Airport located between Terminals A and B by the year 2013.

Explanation: This change is necessary to prohibit funding for projects that move certain proposed rail line routes of certain regional transportation authorities and to require municipal approval of any changes to those routes.

(25) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add new Sections 373.002(11), (12), and (13), Transportation Code, to read as follows:

(11) the IH 35E managed lanes project in Dallas and Denton Counties from IH 635 to US 380;

(12) the IH 30 managed lanes project from Baird Farm Road in Tarrant County to IH 35E in Dallas County; or

(13) the SH 183 managed lanes project in Dallas County from SH 161 to SH 114 in Irving and from SH 114 to IH 35E in Dallas.

Explanation: This change is necessary to add certain toll projects to the list of projects exempt from the application of the toll project primacy process.

(26) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add SECTION 8.01 to the bill:

SECTION 8.01. (a) Section 502.1725, Transportation Code, is amended by amending Subsections (a), (d), (e), (f), and (g) and adding Subsections (e-1), (f-1), (i), and (j) to read as follows:

(a) This section applies only to:

(1) a county:

(A) [(1)] that borders the United Mexican States;

(B) [(2)] that has a population of more than 150,000 [300,000]; and

(C) [(3)] in which the largest municipality has a population of less than 300,000; and

(2) a county that has a population of less than 50,000 that:

(A) borders the United Mexican States; and

(B) contains at least one federal military base.

(d) A fee imposed under this section may take effect only on January 1 of a year. The county must adopt the order and notify the department not later than September 1 of the year preceding the year in which the fee takes effect. A fee imposed under this section is not required to be annually reauthorized and remains in effect until removed as provided by Subsection (e).

(e) Subject to Subsection (e-1), a [A] fee imposed under this section may be removed. The removal may take effect only on January 1 of a year. A county may remove the fee only by:

(1) rescinding the order imposing the fee; and

(2) notifying the department not later than September 1 of the year preceding the year in which the removal takes effect.

(e-1) If the revenue from a fee imposed under this section is pledged or assigned to secure the payment of obligations as provided by Subsection (f-1), the fee may not be removed until the obligations secured by the pledge or assignment have been paid or discharged.

(f) The county assessor-collector of a county imposing a fee under this section shall collect the additional fee for a vehicle when other fees imposed under this chapter are collected. The county shall deposit [send] the fee revenue in a special account in the county general fund. Money in the account may be used only for a purpose authorized under Section (7-a), Article VIII, Texas Constitution, and only to contract with:

(1) [to] the regional mobility authority of the county to promote and maintain a public purpose of the county that involves funding [fund] long-term transportation projects in the county;

(2) a transportation governmental entity designated under Subsection (j) to promote and maintain a public purpose of the county that involves funding long-term transportation projects in the county; or

(3) a public or private entity developing a long-term transportation project in the county under an agreement with the county, the regional mobility authority of the county, or a transportation governmental entity designated under Subsection (j) to promote and maintain a public purpose of the county.

(f-1) Revenue from a fee imposed under this section may be pledged or assigned by the county, the regional mobility authority of the county with which the county contracts under Subsection (f), or a transportation governmental entity with which the county contracts under Subsection (f) to secure the payment of obligations associated with the development of long-term transportation projects in the county as provided by Subsection (f).

(g) The department shall collect the additional fee on a vehicle that is owned by a resident of a county imposing a fee under this section and that, under this chapter, must be registered directly with the department. The department shall send all fees collected for a county under this subsection to the county for deposit and use as provided by Subsection (f) or (f-1) [regional mobility authority of the county to fund long-term transportation projects in the county].

(i) Notwithstanding Subsection (b), the fee imposed under this section by the commissioners court of a county to which this subsection applies may not exceed $50. This subsection applies only to a county:

(1) that borders the United Mexican States;

(2) that has a population of more than 150,000;

(3) in which the largest municipality has a population of less than 300,000; and

(4) that does not border the Gulf of Mexico.

(j) The department shall designate the governmental entities that serve primarily a transportation function and with which counties may contract under Subsection (f).

(b) This Section takes effect immediately if this Act 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 Section takes effect September 1, 2009.

Explanation: This change is necessary to provide for authorization and imposition of optional fees on the registration of motor vehicles in certain counties.