82R422 JAM-F
 
  By: Shapiro S.B. No. 246
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to financial security required of regional tollway
  authorities in connection with the provision of toll collection
  services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 366.038, Transportation Code, is amended
  to read as follows:
         Sec. 366.038.  TOLL COLLECTION. (a)  An authority shall
  provide, for reasonable compensation, customer service and other
  toll collection and enforcement services for a toll project in the
  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.
         (b)  An authority may not provide financial security,
  including a cash collateral account, for the performance of tolling
  services the authority 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.
         SECTION 2.  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, 2011.