82R8334 TRH-F

By: Davis S.B. No. 814

A BILL TO BE ENTITLED

AN ACT

relating to the deposit and use of certain revenue received by the Texas Department of Transportation and metropolitan planning organizations from certain transportation projects or systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 228.005, Transportation Code, is amended to read as follows:

Sec. 228.005. REVENUE OF TOLL PROJECT OR SYSTEM. Except as provided by Subchapter C, toll revenue or other revenue derived from a toll project or system that is collected or received by the department under this chapter, and a payment received by the department under a comprehensive development agreement for a toll project or system:

(1) shall be deposited in the state highway fund, except as provided by Section 228.0065; and

(2) is exempt from the application of Section 403.095, Government Code.

SECTION 2. Section 228.006, Transportation Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) The commission shall authorize the use of surplus revenue of a toll project or system to pay the costs of a transportation project, highway project, or air quality project in the region [within a department district] in which [any part of] the toll project or system is located.

(a-1) The department shall allocate surplus toll revenue of a toll project or system to department districts in the region in which the toll project or system is located based on the percentage of toll revenue generated from users of the project or system in each department district. To assist the department in determining the allocation of surplus toll revenue under this subsection, each entity responsible for collecting tolls for a project or system shall calculate on an annual basis the percentage of toll revenue generated from users of the project or system in each department district, based on the number of recorded electronic toll collections.

SECTION 3. Subchapter A, Chapter 228, Transportation Code, is amended by adding Section 228.0065 to read as follows:

Sec. 228.0065. CONTRACT PAYMENTS AND SURPLUS REVENUE IN CERTAIN REGIONS. (a) Notwithstanding Sections 228.0055(a) and (b) and 228.006(a) and (a-1), comprehensive development agreement revenue and surplus revenue under those sections from a toll project located in a region served by a metropolitan planning organization that serves two adjacent counties each with a population of one million or more shall be deposited into an account designated by the metropolitan planning organization. The metropolitan planning organization shall use the revenue to finance the construction, maintenance, or operation of transportation projects and air quality projects in the region. The metropolitan planning organization shall determine the distribution of funds within the region in which a project is located.

(b) Comprehensive development agreement revenue and surplus revenue described by Subsection (a) are considered local funds.

SECTION 4. Section 228.012(b), Transportation Code, is amended to read as follows:

(b) Except for money deposited to a designated account by a metropolitan planning organization under Section 228.0065, the [The] department shall hold money in a subaccount in trust for the benefit of the region in which a project or system is located and may assign the responsibility for allocating and distributing money in a subaccount to a metropolitan planning organization in which the region is located for projects approved by the department. Except as provided by Subsection (c), money shall be allocated and distributed to projects or to the metropolitan planning organization for projects authorized by Section 228.0055 or Section 228.006, as applicable.

SECTION 5. Not later than October 1, 2011, the Texas Department of Transportation shall transfer to the applicable metropolitan planning organization for deposit into a designated account as required by Section 228.0065, Transportation Code, as added by this Act, all money deposited in a subaccount under Section 228.012, Transportation Code, before the effective date of this Act and held in trust for the metropolitan planning organization's region.

SECTION 6. 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.