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A BILL TO BE ENTITLED
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AN ACT
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relating to the deposit and use of certain revenue received by the |
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Texas Department of Transportation and metropolitan planning |
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organizations from certain transportation projects or systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 228.005, Transportation Code, is amended |
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to read as follows: |
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Sec. 228.005. REVENUE OF TOLL PROJECT OR SYSTEM. Except as |
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provided by Subchapter C, toll revenue or other revenue derived |
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from a toll project or system that is collected or received by the |
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department under this chapter, and a payment received by the |
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department under a comprehensive development agreement for a toll |
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project or system: |
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(1) shall be deposited in the state highway fund, |
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except as provided by Section 228.0065; and |
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(2) is exempt from the application of Section 403.095, |
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Government Code. |
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SECTION 2. Section 228.006, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The commission shall authorize the use of surplus |
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revenue of a toll project or system to pay the costs of a |
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transportation project, highway project, or air quality project in |
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the region [within a department district] in which [any part of] the |
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toll project or system is located. |
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(a-1) The department shall allocate surplus toll revenue of |
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a toll project or system to department districts in the region in |
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which the toll project or system is located based on the percentage |
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of toll revenue generated from users of the project or system in |
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each department district. To assist the department in determining |
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the allocation of surplus toll revenue under this subsection, each |
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entity responsible for collecting tolls for a project or system |
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shall calculate on an annual basis the percentage of toll revenue |
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generated from users of the project or system in each department |
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district, based on the number of recorded electronic toll |
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collections. |
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SECTION 3. Subchapter A, Chapter 228, Transportation Code, |
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is amended by adding Section 228.0065 to read as follows: |
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Sec. 228.0065. CONTRACT PAYMENTS AND SURPLUS REVENUE IN |
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CERTAIN REGIONS. (a) Notwithstanding Sections 228.0055(a) and (b) |
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and 228.006(a) and (a-1), comprehensive development agreement |
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revenue and surplus revenue under those sections from a toll |
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project located in a region served by a metropolitan planning |
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organization that serves two adjacent counties each with a |
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population of one million or more shall be deposited into an account |
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designated by the metropolitan planning organization. The |
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metropolitan planning organization shall use the revenue to finance |
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the construction, maintenance, or operation of transportation |
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projects and air quality projects in the region. The metropolitan |
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planning organization shall determine the distribution of funds |
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within the region in which a project is located. |
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(b) Comprehensive development agreement revenue and surplus |
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revenue described by Subsection (a) are considered local funds. |
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SECTION 4. Section 228.012(b), Transportation Code, is |
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amended to read as follows: |
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(b) Except for money deposited to a designated account by a |
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metropolitan planning organization under Section 228.0065, the |
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[The] department shall hold money in a subaccount in trust for the |
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benefit of the region in which a project or system is located and |
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may assign the responsibility for allocating and distributing money |
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in a subaccount to a metropolitan planning organization in which |
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the region is located for projects approved by the |
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department. Except as provided by Subsection (c), money shall be |
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allocated and distributed to projects or to the metropolitan |
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planning organization for projects authorized by Section 228.0055 |
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or Section 228.006, as applicable. |
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SECTION 5. Not later than October 1, 2011, the Texas |
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Department of Transportation shall transfer to the applicable |
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metropolitan planning organization for deposit into a designated |
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account as required by Section 228.0065, Transportation Code, as |
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added by this Act, all money deposited in a subaccount under Section |
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228.012, Transportation Code, before the effective date of this Act |
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and held in trust for the metropolitan planning organization's |
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region. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |