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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to provide tolling services |
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for another toll project entity. |
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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. Subchapter A, Chapter 284, Transportation Code, |
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is amended by adding Section 284.0032 to read as follows: |
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Sec. 284.0032. TOLLING SERVICES. (a) This section applies |
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only to a county with a population of more than 3.3 million. |
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(b) In this section, "tolling services" means the tolling |
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services normally provided through a county's back office system |
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and customer service center, including customer service, customer |
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account maintenance, transaction processing, transponder supply, |
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and toll collection and enforcement. |
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(c) A county may provide, for reasonable compensation, |
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tolling services for a toll project in the county managed by the |
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department or another entity, regardless of whether the toll |
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project is developed, financed, constructed, and operated under an |
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agreement, including a comprehensive development agreement, with |
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the county or another entity. This section does not restrict a |
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county from agreeing to provide additional tolling services in an |
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agreement described in Subsection (e). Additional tolling services |
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provided under an agreement under that subsection are subject to |
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the provisions that apply to tolling services under this section. |
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(d) A county may not provide financial security, including a |
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cash collateral account, for the performance of tolling services |
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the county provides under this section 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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(e) Before providing tolling services for a toll project |
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under this section, a county must enter into a written agreement |
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that sets out the terms and conditions for the tolling services to |
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be provided and the terms of compensation for those services. |
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(f) Toll revenues are the property of the entity that is |
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entitled to the revenues under a tolling services agreement for the |
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toll project, regardless of who holds or collects the revenues. |
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Toll revenues that are held or collected by a county under a tolling |
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services agreement and are not the property of the county are not |
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subject to a claim adverse to the county or a lien on or encumbrance |
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against property of the county. Toll revenues that are the property |
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of the county are not subject to a claim adverse to any other entity |
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or a lien on or encumbrance against property of any other entity. |
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(g) A county may agree in a tolling services agreement that |
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its right and obligation to provide tolling services for the |
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applicable toll project under this section are subject to |
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termination for default and that after a termination for default |
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this section does not apply to that toll project. |
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(h) Any public or private entity, including a county or the |
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department, may agree to fund a cash collateral account for the |
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purpose of providing money that may be withdrawn as provided in the |
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tolling services agreement because of a county's failure to make |
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any payment as required by the tolling services agreement. A |
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county's written commitment to fully or partially fund a cash |
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collateral account is conclusive evidence of the county's |
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determination that the commitment does not violate Subsection (d). |
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The department may use money from any available source to fund a |
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cash collateral account under this subsection. |
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(i) For purposes of toll collection and enforcement, a toll |
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project for which a county provides tolling services under a |
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tolling services agreement is considered a project of the county, |
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including with respect to all rights and remedies arising under |
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this chapter regarding the project. |
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(j) Notwithstanding Subsection (i), 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. This Act takes effect September 1, 2019. |