| 1 | 1 | | 81R11572 JD-F |
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| 2 | 2 | | By: Davis, Wendy S.B. No. 1233 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of certain money received by the Texas |
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| 8 | 8 | | Department of Transportation from certain transportation projects |
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| 9 | 9 | | or systems. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 228.005, Transportation Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | Sec. 228.005. REVENUE OF TOLL PROJECT OR SYSTEM. (a) |
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| 14 | 14 | | Except as provided by Subchapter C, toll revenue or other revenue |
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| 15 | 15 | | derived from a toll project or system that is collected or received |
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| 16 | 16 | | by the department under this chapter, and a payment received by the |
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| 17 | 17 | | department under a comprehensive development agreement for a toll |
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| 18 | 18 | | project or system: |
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| 19 | 19 | | (1) shall be deposited in the state highway fund, |
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| 20 | 20 | | except as provided by Subsection (b); and |
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| 21 | 21 | | (2) is exempt from the application of Section 403.095, |
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| 22 | 22 | | Government Code. |
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| 23 | 23 | | (b) In a region served by a metropolitan planning |
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| 24 | 24 | | organization that serves two adjacent counties that each has a |
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| 25 | 25 | | population of one million or more, revenue or a payment described |
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| 26 | 26 | | by Subsection (a) shall be deposited in an account designated by the |
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| 27 | 27 | | metropolitan planning organization, used for the purposes |
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| 28 | 28 | | specified by Sections 228.0055 and 228.006, and distributed in |
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| 29 | 29 | | compliance with those sections. |
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| 30 | 30 | | SECTION 2. Section 228.012(b), Transportation Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | (b) The department shall hold money in a subaccount in trust |
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| 33 | 33 | | for the benefit of the region in which a project or system is |
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| 34 | 34 | | located and may assign the responsibility for allocating and |
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| 35 | 35 | | distributing money in a subaccount to a metropolitan planning |
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| 36 | 36 | | organization in which the region is located for projects approved |
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| 37 | 37 | | by the department. Except as provided by Subsection (c), money |
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| 38 | 38 | | shall be allocated and distributed to projects or to the |
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| 39 | 39 | | metropolitan planning organization for projects authorized by |
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| 40 | 40 | | Section 228.0055 or Section 228.006, as applicable. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2009. |
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