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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain tolls and charges imposed by certain |
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counties; authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 284, Transportation Code, |
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is amended by adding Section 284.014 to read as follows: |
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Sec. 284.014. RESTRICTION ON USE OF REVENUE FROM TOLLS AND |
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OTHER CHARGES IN CERTAIN COUNTIES. (a) This section applies only |
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to a county with a population of four million or more. |
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(b) Except as provided by Subsection (c), a county that |
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imposes tolls or charges as otherwise authorized by this chapter |
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may only use the revenues collected from the tolls or charges to pay |
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the costs of operating, expanding, maintaining, or administering a |
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toll project or system or to retire debt related to a toll project |
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or system. This subsection applies to any fees received by a county |
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for operating a toll project of another entity but does not apply to |
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any other revenue of a toll project that is collected by the county |
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on behalf of another entity under an agreement with the entity. |
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(c) Of the revenues collected from tolls and charges that |
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remain after paying the costs described by Subsection (b): |
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(1) 30 percent of the amount remaining shall be |
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distributed to the municipality that contains more than 40 percent |
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of the number of lane miles of the toll project and may be used only |
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to reimburse the municipality for the costs of providing law |
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enforcement and other emergency services during accidents and |
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disasters affecting a project of the county; and |
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(2) 70 percent of surplus revenue shall be distributed |
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to the county for use on county owned and maintained roads. A |
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minimum of 95% of the surplus revenue received by the county shall |
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be allocated to the commissioner precincts based on the percentage |
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of roads owned and maintained by the County in each precinct per the |
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County's Road Log excluding toll roads and freeways as of September |
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1st before the beginning of the next fiscal year. |
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(3) The County may allocate up to 5% of the funds to |
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other County Departments or projects with countywide impact, as |
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determined by the county, for state, county, or municipal |
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facilities, the funds are restricted to roads, streets, highways |
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and related facilities. |
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(d) An independent auditor hired by a county to audit the |
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county's annual financial report made to the commissioners court |
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and to the district judges of the county under Section 114.025, |
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Local Government Code, shall report any violation of Subsection (b) |
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to the department. |
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(e) The department shall promptly investigate a report |
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received under Subsection (d). If the department determines that |
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the county violated Subsection (b) and the violation is: |
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(1) a first violation of Subsection (b), the |
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department shall impose an administrative penalty against the |
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county in an amount equal to 110 percent of the amount of revenues |
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used by the county in violation of Subsection (b); or |
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(2) a second or subsequent violation of Subsection |
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(b), the department shall impose an administrative penalty against |
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the county in an amount equal to 100 percent of the amount of |
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revenues used by the county in violation of Subsection (b). |
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(f) A county for which an administrative penalty is imposed |
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under Subsection (e) shall pay the penalty out of the general fund |
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of the county. An administrative penalty may only be used as |
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provided by Subsection (b). |
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(g) Notwithstanding any other law, a county for which an |
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administrative penalty is imposed under Subsection (e)(2) may not |
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adopt a tax rate for the tax year following the tax year in which the |
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penalty was imposed that exceeds the lesser of the county's |
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no-new-revenue tax rate or voter-approval tax rate, as determined |
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under Section 26.04, Tax Code, for that tax year. |
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SECTION 2. This Act takes effect September 1, 2025. |