| 1 | 1 | | By: Shapiro S.B. No. 246 |
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| 2 | 2 | | (Harper-Brown) |
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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 toll collection services provided by a regional tollway |
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| 8 | 8 | | authority. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 366.038, Transportation Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 366.038. TOLLING SERVICES [TOLL COLLECTION]. (a) In |
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| 13 | 13 | | this section, "tolling services" means the tolling services |
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| 14 | 14 | | normally provided through an authority's customer service center, |
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| 15 | 15 | | including customer service, customer account maintenance, |
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| 16 | 16 | | transponder supply, and toll collection and enforcement. |
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| 17 | 17 | | (b) An authority shall provide, for reasonable |
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| 18 | 18 | | compensation, tolling [customer service and other toll collection |
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| 19 | 19 | | and enforcement] services for a toll project in the boundaries of |
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| 20 | 20 | | the authority, regardless of whether the toll project is developed, |
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| 21 | 21 | | financed, constructed, and operated under an agreement, including a |
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| 22 | 22 | | comprehensive development agreement, with the authority or another |
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| 23 | 23 | | entity. This section does not restrict an authority from agreeing |
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| 24 | 24 | | to provide additional tolling services in an agreement described in |
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| 25 | 25 | | Subsection (d). Additional tolling services provided under an |
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| 26 | 26 | | agreement under that subsection are subject to the provisions that |
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| 27 | 27 | | apply to tolling services under this section. |
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| 28 | 28 | | (c) An authority may not provide financial security, |
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| 29 | 29 | | including a cash collateral account, for the performance of tolling |
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| 30 | 30 | | services the authority provides under this section if: |
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| 31 | 31 | | (1) the authority determines that providing security |
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| 32 | 32 | | could restrict the amount, or increase the cost, of bonds or other |
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| 33 | 33 | | debt obligations the authority may subsequently issue under this |
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| 34 | 34 | | chapter; or |
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| 35 | 35 | | (2) the authority is not reimbursed its cost of |
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| 36 | 36 | | providing the security. |
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| 37 | 37 | | (d) Before providing tolling services for a toll project |
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| 38 | 38 | | under this section, an authority must enter into a written |
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| 39 | 39 | | agreement that sets out the terms and conditions for the tolling |
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| 40 | 40 | | services to be provided and the terms of compensation for those |
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| 41 | 41 | | services. |
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| 42 | 42 | | (e) Toll revenues are the property of the entity that is |
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| 43 | 43 | | entitled to the revenues under a tolling services agreement for the |
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| 44 | 44 | | toll project, regardless of who holds or collects the revenues. |
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| 45 | 45 | | Toll revenues that are held or collected by an authority under a |
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| 46 | 46 | | tolling services agreement and are not the property of the |
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| 47 | 47 | | authority are not subject to a claim adverse to the authority or a |
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| 48 | 48 | | lien on or encumbrance against property of the authority. Toll |
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| 49 | 49 | | revenues that are the property of the authority are not subject to a |
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| 50 | 50 | | claim adverse to any other entity or a lien on or encumbrance |
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| 51 | 51 | | against property of any other entity. |
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| 52 | 52 | | (f) An authority may agree in a tolling services agreement |
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| 53 | 53 | | that its right and obligation to provide tolling services for the |
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| 54 | 54 | | applicable toll project under this section are subject to |
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| 55 | 55 | | termination for default and that after a termination for default |
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| 56 | 56 | | this section does not apply to that toll project. |
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| 57 | 57 | | (g) Any public or private entity, including an authority or |
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| 58 | 58 | | the department, may agree to fund a cash collateral account for the |
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| 59 | 59 | | purpose of providing money that may be withdrawn as provided in the |
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| 60 | 60 | | tolling services agreement because of an authority's failure to |
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| 61 | 61 | | make any payment as required by the tolling services agreement. An |
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| 62 | 62 | | authority's written commitment to fully or partially fund a cash |
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| 63 | 63 | | collateral account is conclusive evidence of the authority's |
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| 64 | 64 | | determination that the commitment does not violate Subsection (c). |
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| 65 | 65 | | The department may use money from any available source to fund a |
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| 66 | 66 | | cash collateral account under this subsection. |
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| 67 | 67 | | SECTION 2. Subsection (c), Section 366.038, Transportation |
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| 68 | 68 | | Code, as added by this Act, does not apply to any project, or |
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| 69 | 69 | | portion of any project, described in a tolling services agreement a |
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| 70 | 70 | | regional tollway authority enters into with the Texas Department of |
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| 71 | 71 | | Transportation or a private participant in a comprehensive |
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| 72 | 72 | | development agreement before the effective date of this Act. |
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| 73 | 73 | | SECTION 3. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2011. |
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