| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the use of certain tolls and charges imposed by certain |
|
|
counties; authorizing a civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 284, Transportation Code, |
|
|
is amended by adding Section 284.014 to read as follows: |
|
|
Sec. 284.014. RESTRICTION ON USE OF REVENUE FROM TOLLS AND |
|
|
OTHER CHARGES IN CERTAIN COUNTIES. (a) This section applies only to |
|
|
a county with a population of four million or more. |
|
|
(b) Except as provided by Subsection (d), a county that |
|
|
imposes tolls or charges as otherwise authorized by this chapter |
|
|
may only use the revenues collected from the tolls or charges to: |
|
|
(1) pay the costs of operating, expanding, |
|
|
maintaining, or administering a project; |
|
|
(2) retire debt related to a project; or |
|
|
(3) use or pledge revenues to pay or finance the costs |
|
|
of a project, including the costs to study, design, construct, |
|
|
maintain, operate, and pool a turnpike project or system, and to pay |
|
|
bonds or other obligations related to a project. |
|
|
(c) Subsection (b) applies to any fees received by a county |
|
|
for operating a project of another entity but does not apply to any |
|
|
other revenue of a project that is collected by the county on behalf |
|
|
of another entity under an agreement with the entity. |
|
|
(d) Of the revenues collected from tolls and charges that |
|
|
remain after paying the costs described by Subsection (b), |
|
|
including costs to establish reserves required by a bond instrument |
|
|
and to maintain ratings on bonds or other obligations related to a |
|
|
project: |
|
|
(1) 30 percent of the amount remaining shall be |
|
|
distributed to the municipality that contains more than 40 percent |
|
|
of the number of lane miles of the project and may be used by the |
|
|
municipality only for the costs of providing law enforcement and |
|
|
other emergency services during accidents and disasters affecting a |
|
|
project of the county; and |
|
|
(2) subject to Subsection (e) and except as provided |
|
|
by Subsection (f), 70 percent of the amount remaining shall be |
|
|
retained by the county and may be used only to pay costs related to a |
|
|
county road owned and maintained by the county. |
|
|
(e) At least 95 percent of the amount retained by a county |
|
|
under Subsection (d)(2) must be allocated among all commissioners |
|
|
precincts based on the percentage of roads owned and maintained by |
|
|
the county in each precinct, excluding freeways as defined by |
|
|
Section 541.302 and any road facilities for which a user must pay a |
|
|
toll, fee, or fare, according to the county's road log or |
|
|
maintenance schedule on September 1 of the fiscal year preceding |
|
|
the allocation. |
|
|
(f) A county may allocate up to five percent of the amount |
|
|
retained under Subsection (d)(2) to a county department or project |
|
|
with countywide impact, as determined by the county, for a state, |
|
|
county, or municipal facility relating to a road, street, highway, |
|
|
or related facility, provided that amounts allocated under this |
|
|
subsection may not be used on a hike, bike, or trail facility unless |
|
|
the expenditure is necessary to comply with a state or federal |
|
|
requirement. |
|
|
(g) A county that violates Subsection (b) is subject to a |
|
|
civil penalty. An independent auditor hired by a county to audit |
|
|
the county's annual financial report made to the commissioners |
|
|
court and to the district judges of the county under Section |
|
|
114.025, Local Government Code, shall report any violation of |
|
|
Subsection (b) to the state auditor's office. |
|
|
(h) The state auditor's office shall promptly investigate a |
|
|
report received under Subsection (g) to determine if the county |
|
|
violated Subsection (b). At the request of the state auditor's |
|
|
office, the attorney general shall file suit to collect a civil |
|
|
penalty. If the violation is: |
|
|
(1) a first violation of Subsection (b), the amount of |
|
|
the civil penalty is an amount equal to 100 percent of the amount of |
|
|
revenues used by the county in violation of Subsection (b); or |
|
|
(2) a second or subsequent violation of Subsection |
|
|
(b), the amount of the civil penalty is an amount equal to 110 |
|
|
percent of the amount of revenues used by the county in violation of |
|
|
Subsection (b). |
|
|
(i) A county for which a civil penalty is imposed under |
|
|
Subsection (h) shall pay the penalty out of the general fund of the |
|
|
county. |
|
|
(j) Notwithstanding any other law, a county for which a |
|
|
civil penalty is imposed under Subsection (h)(2) may not adopt a tax |
|
|
rate for the tax year following the tax year in which the penalty |
|
|
was imposed that exceeds the lesser of the county's no-new-revenue |
|
|
tax rate or voter-approval tax rate, as determined under Section |
|
|
26.04, Tax Code, for that tax year. |
|
|
(k) A civil penalty collected under this section shall be |
|
|
deposited in the state treasury to the credit of the state highway |
|
|
fund and may only be appropriated for transportation purposes. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |
|
|
|
|
|
* * * * * |