Amend Amendment No. 12 by Pickett to CSSB 312 (page 35 of the prefiled amendment packet) by inserting the following at the end of the amendment:

Notwithstanding the foregoing, a toll project entity shall not be required to repay:

(1) funds held in a subaccount created under Section 228.012, Transportation Code; or

(2) funds approved by the Texas Transportation Commission without the requirement for repayment after the department and the entity negotiate an agreement on the terms of the contribution.