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A BILL TO BE ENTITLED
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AN ACT
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relating to agreements between county toll road authorities and |
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other toll project entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 228.002, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) An agreement entered into under this section with a |
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county operating under Chapter 284 may provide that a function |
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described by Subsection (a) that is performed by the county is |
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governed by the provisions of Chapter 284 applicable to the |
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performance of the same function for a project under that chapter |
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and the rules and procedures adopted by the county under that |
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chapter, in lieu of the laws, rules, or procedures applicable to the |
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department for the performance of the same function. |
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SECTION 2. Chapter 284, Transportation Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. TOLLING SERVICES |
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Sec. 284.251. APPLICABILITY. This subchapter applies only |
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to a county with a population of more than 3.3 million. |
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Sec. 284.252. DEFINITION. In this subchapter, "tolling |
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services" means the tolling services normally provided through a |
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county's back office system and customer service center, including |
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customer service, customer account maintenance, transaction |
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processing, transponder supply, and toll collection and |
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enforcement. |
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Sec. 284.253. TOLLING SERVICES. (a) A county may provide, |
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for reasonable compensation, tolling services for a toll project in |
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the county or an adjacent county managed by the department or |
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another entity, regardless of whether the toll project is |
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developed, financed, constructed, and operated under an agreement, |
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including a comprehensive development agreement, with the county or |
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another entity. |
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(b) A county may agree to provide additional tolling |
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services in an agreement described in Section 284.255. Additional |
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tolling services provided under an agreement under Section 284.255 |
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are subject to the provisions that apply to tolling services under |
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this section. |
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Sec. 284.254. FINANCIAL SECURITY. A county may not provide |
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financial security, including a cash collateral account, for the |
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performance of tolling services the county provides under this |
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subchapter if: |
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(1) the county determines that providing security |
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could restrict the amount, or increase the cost, of bonds or other |
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debt obligations the county may subsequently issue under this |
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chapter or other law; or |
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(2) the county is not reimbursed its cost of providing |
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the security. |
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Sec. 284.255. WRITTEN AGREEMENT REQUIRED. Before providing |
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tolling services for a toll project under this subchapter, a county |
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must enter into a written agreement that sets out the terms and |
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conditions for the tolling services to be provided and the terms of |
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compensation for those services. |
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Sec. 284.256. TOLL REVENUES. (a) Toll revenues are the |
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property of the entity that is entitled to the revenues under a |
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tolling services agreement for the toll project, regardless of who |
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holds or collects the revenues. |
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(b) Toll revenues that are held or collected by a county |
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under a tolling services agreement and are not the property of the |
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county are not subject to a claim adverse to the county or a lien on |
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or encumbrance against property of the county. Toll revenues that |
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are the property of the county are not subject to a claim adverse to |
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any other entity or a lien on or encumbrance against property of any |
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other entity. |
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Sec. 284.257. TERMINATION FOR DEFAULT. A county may agree |
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in a tolling services agreement that its right and obligation to |
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provide tolling services for the applicable toll project under this |
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subchapter are subject to termination for default and that after a |
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termination for default this section does not apply to that toll |
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project. |
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Sec. 284.258. CASH COLLATERAL ACCOUNT. (a) Any public or |
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private entity, including a county or the department, may agree to |
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fund a cash collateral account for the purpose of providing money |
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that may be withdrawn as provided in the tolling services agreement |
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because of a county's failure to make any payment as required by the |
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tolling services agreement. |
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(b) A county's written commitment to fully or partially fund |
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a cash collateral account is conclusive evidence of the county's |
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determination that the commitment does not violate Section 284.254. |
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(c) The department may use money from any available source |
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to fund a cash collateral account under this section. |
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Sec. 284.259. PROJECT OF COUNTY. (a) For purposes of toll |
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collection and enforcement, a toll project for which a county |
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provides tolling services under a tolling services agreement is |
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considered a project of the county, including with respect to all |
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rights and remedies arising under this chapter regarding the |
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project. |
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(b) Notwithstanding Subsection (a), the county may not |
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stop, detain, or impound a motor vehicle on the project's active |
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traffic lanes unless a tolling services agreement addresses that |
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action. |
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SECTION 3. Subchapter B, Chapter 372, Transportation Code, |
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is amended by adding Section 372.054 to read as follows: |
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Sec. 372.054. TOLLING SERVICES IN CERTAIN COUNTIES. (a) In |
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this section, "tolling services" has the meaning assigned by |
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Section 284.252. |
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(b) A toll project entity may not operate a toll project in a |
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county with a population of more than 3.3 million unless the toll |
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project entity enters into an agreement under Subchapter E, Chapter |
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284, for the provision of tolling services for the project. |
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SECTION 4. This Act takes effect September 1, 2019. |