By: Shapiro S.B. No. 246
(Harper-Brown)
A BILL TO BE ENTITLED
AN ACT
relating to toll collection services provided by a regional tollway
authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 366.038, Transportation Code, is amended
to read as follows:
Sec. 366.038. TOLLING SERVICES [TOLL COLLECTION]. (a) In
this section, "tolling services" means the tolling services
normally provided through an authority's customer service center,
including customer service, customer account maintenance,
transponder supply, and toll collection and enforcement.
(b) An authority shall provide, for reasonable
compensation, tolling [customer service and other toll collection
and enforcement] services for a toll project in the boundaries of
the authority, regardless of whether the toll project is developed,
financed, constructed, and operated under an agreement, including a
comprehensive development agreement, with the authority or another
entity. This section does not restrict an authority from agreeing
to provide additional tolling services in an agreement described in
Subsection (d). Additional tolling services provided under an
agreement under that subsection are subject to the provisions that
apply to tolling services under this section.
(c) An authority may not provide financial security,
including a cash collateral account, for the performance of tolling
services the authority provides under this section if:
(1) the authority determines that providing security
could restrict the amount, or increase the cost, of bonds or other
debt obligations the authority may subsequently issue under this
chapter; or
(2) the authority is not reimbursed its cost of
providing the security.
(d) Before providing tolling services for a toll project
under this section, an authority must enter into a written
agreement that sets out the terms and conditions for the tolling
services to be provided and the terms of compensation for those
services.
(e) Toll revenues are the property of the entity that is
entitled to the revenues under a tolling services agreement for the
toll project, regardless of who holds or collects the revenues.
Toll revenues that are held or collected by an authority under a
tolling services agreement and are not the property of the
authority are not subject to a claim adverse to the authority or a
lien on or encumbrance against property of the authority. Toll
revenues that are the property of the authority are not subject to a
claim adverse to any other entity or a lien on or encumbrance
against property of any other entity.
(f) An authority may agree in a tolling services agreement
that its right and obligation to provide tolling services for the
applicable toll project under this section are subject to
termination for default and that after a termination for default
this section does not apply to that toll project.
(g) Any public or private entity, including an authority or
the department, may agree to fund a cash collateral account for the
purpose of providing money that may be withdrawn as provided in the
tolling services agreement because of an authority's failure to
make any payment as required by the tolling services agreement. An
authority's written commitment to fully or partially fund a cash
collateral account is conclusive evidence of the authority's
determination that the commitment does not violate Subsection (c).
The department may use money from any available source to fund a
cash collateral account under this subsection.
SECTION 2. Subsection (c), Section 366.038, Transportation
Code, as added by this Act, does not apply to any project, or
portion of any project, described in a tolling services agreement a
regional tollway authority enters into with the Texas Department of
Transportation or a private participant in a comprehensive
development agreement before the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.