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A BILL TO BE ENTITLED
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AN ACT
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relating to the cessation of tolls by toll project entities in |
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certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 372, Transportation Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. CESSATION OF TOLLS |
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Sec. 372.151. DEFINITION. In this subchapter, "toll |
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cessation date" means the date on which a project is scheduled to |
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become a part of the state highway system maintained by the |
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commission under Section 372.152. |
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Sec. 372.152. CESSATION OF TOLLS AFTER BOND REQUIREMENTS |
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MET. (a) Except as provided by Section 372.153, a toll project |
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becomes a part of the state highway system and the commission shall |
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maintain the project without tolls when the costs of acquisition |
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and construction of the project have been paid and: |
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(1) all of the bonds and interest on the bonds that are |
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payable from or secured by revenue of the project have been paid by |
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the issuer of the bonds or another person with the consent or |
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approval of the issuer; or |
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(2) a sufficient amount for the payment of all bonds |
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and interest on the bonds to maturity has been set aside by the |
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issuer of the bonds or another person with the consent or approval |
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of the issuer in a trust fund held for the benefit of the |
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bondholders. |
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(b) A toll project entity may not amend a financing or other |
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agreement in a manner that would extend the date by which a toll |
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project would become part of the state highway system under |
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Subsection (a). |
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Sec. 372.153. ELECTION TO CONTINUE TOLLS AFTER TOLL |
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CESSATION DATE. (a) A toll project entity may extend by five years |
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a toll cessation date of a toll project if the extension is approved |
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by a majority of the votes cast at an election held for that |
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purpose: |
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(1) on a uniform election date before the toll |
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cessation date; |
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(2) in: |
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(A) the territory of the toll project entity; or |
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(B) if the toll project entity is the department, |
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each county in which the toll project is located; and |
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(3) by: |
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(A) the toll project entity; or |
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(B) if the toll project entity is the department, |
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each county in which the toll project is located. |
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(b) After an initial election under this section at which an |
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extension is approved, the toll project entity may use the process |
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established by this subchapter to obtain voter approval for |
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subsequent five-year extensions of the toll cessation date for the |
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project. |
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(c) At an election ordered under this section, the ballots |
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must be printed to permit voting for or against the proposition: |
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"The continuation of tolls for a period of five years for (toll |
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project)." |
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Sec. 372.154. REQUEST FOR ELECTION BY DEPARTMENT. (a) If |
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the department wishes to extend a toll cessation date for a toll |
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project the department shall, not later than nine months before the |
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toll cessation date, send to the commissioners court of each county |
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in which the toll project is located notice of: |
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(1) the toll cessation date for the project; and |
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(2) the department's intention to request an election |
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for an extension of tolling authority for the project. |
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(b) Each commissioners court that receives notice under |
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Subsection (a) shall, as soon as practicable after receiving the |
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notice, propose to the department: |
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(1) one or more uniform election dates occurring |
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before the toll cessation date that would allow the county |
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sufficient time to comply with applicable provisions of law for |
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holding the election; and |
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(2) the date by which a request must be submitted by |
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the department in order for the county to have sufficient time to |
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comply with applicable provisions of law for holding the election. |
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(c) If the department submits to a commissioners court a |
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request for an election for an extension of tolling authority for |
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the project that complies with Subsection (b), the commissioners |
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court shall hold the requested election. |
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Sec. 372.155. CESSATION OF TOLLS AFTER EXTENSION OF TOLL |
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CESSATION DATE. A toll project becomes part of the state highway |
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system and the commission shall maintain the project without tolls |
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if a five-year toll cessation date extension authorized by an |
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election under this subchapter expires and a succeeding five-year |
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extension has not been approved at an election under this |
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subchapter. |
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SECTION 2. Section 373.003, Transportation Code, is amended |
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to read as follows: |
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Sec. 373.003. PROJECT OWNED IN PERPETUITY. Unless a toll |
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project is leased, sold, conveyed, or otherwise transferred to |
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another governmental entity in accordance with applicable law, |
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including Sections 228.151, 284.011, 366.036, 366.172, [and] |
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370.171, 372.152, and 372.155, a toll project procured by the |
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department or a local toll project entity determined by the process |
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under Subchapter B is owned by that entity in perpetuity. |
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SECTION 3. Sections 284.008(c) and (d), Transportation |
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Code, are repealed. |
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SECTION 4. 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, 2023. |