84R7190 JAM-F
By: Anchia H.B. No. 3674
A BILL TO BE ENTITLED
AN ACT
relating to the provision of financial assistance by the Texas
Department of Transportation to other toll project entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 222.103(a) and (c), Transportation
Code, are amended to read as follows:
(a) The department may participate, by spending money from
any available source, in the cost of the acquisition, construction,
maintenance, or operation of a toll facility by a transportation
corporation created by the commission under Chapter 431 [of a
public or private entity] on terms and conditions established by
the commission. The commission[:
[(1)] may require the repayment of any money spent by
the department for the cost of a toll facility [of a public entity;
and
[(2) shall require the repayment of any money spent by
the department for the cost of a toll facility of a private entity].
(c) A bond or other debt obligation issued by a
transportation corporation [public or private entity] to finance
the cost of a toll facility in which the department participates is
an obligation of the issuing entity and is not an obligation of this
state.
SECTION 2. Section 284.003(d), Transportation Code, is
amended to read as follows:
(d) If the county constructs, acquires, improves, operates,
maintains, or pools a project under this chapter, before December
31 of each even-numbered year the county shall submit to the
department a plan for the project that includes the time schedule
for the project and describes the use of project funds. The plan
may provide for and permit the use of project funds and other
money[, including state or federal funds,] available to the county
for roads, streets, highways, and other related facilities in the
county that are not part of a project under this chapter. A plan is
not subject to approval, supervision, or regulation by the
commission or the department, except that:
(1) [any use of state or federal highway funds must be
approved by the commission;
[(2)] any work on a highway in the state highway system
must be approved by the department; and
(2) [(3)] the department shall supervise and regulate
work on a highway in the state highway system.
SECTION 3. Section 284.006, Transportation Code, is amended
to read as follows:
Sec. 284.006. FEDERAL OR STATE AID. (a) A county may:
(1) accept from the United States or this state
assistance or a loan, gift, grant, or contribution to acquire,
construct, improve, maintain, pool, or operate a project under this
chapter; and
(2) enter into agreements with the United States or
this state for the acquisition, construction, improvement,
maintenance, pooling, or operation of the project.
(b) The commission or the department may provide a loan,
grant, contribution, or other assistance to a county for a project
only if the project:
(1) is in the state highway system; and
(2) is designed, constructed, operated, repaired, or
maintained by the county on behalf of the department.
SECTION 4. Section 284.008(a), Transportation Code, is
amended to read as follows:
(a) The commission may:
(1) [provide for and contribute toward the
acquisition, construction, improvement, operation, maintenance, or
pooling of a project under this chapter and under terms to which the
commission and the local government corporation or county agree
that are consistent with the rights of bondholders or a person
operating the project under a lease or other contract;
[(2)] lease a project under terms:
(A) to which the county or local government
corporation acting under this chapter and the commission agree; and
(B) that are consistent with the bond instrument;
and
(2) [(3)] declare any part of a project under this
chapter to be a part of the state highway system and operate any
part of a project as part of the state highway system, to the extent
that property and contract rights in the project and bonds are not
affected unfavorably.
SECTION 5. Section 366.033, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (m) to read as
follows:
(a) An authority, acting through its board, without state
approval, supervision, or regulation, may:
(1) adopt rules for the regulation of its affairs and
the conduct of its business;
(2) adopt an official seal;
(3) study, evaluate, design, acquire, construct,
maintain, repair, and operate turnpike projects, individually or as
one or more systems;
(4) acquire, hold, and dispose of property in the
exercise of its powers and the performance of its duties under this
chapter;
(5) enter into contracts or operating agreements with
similar authorities or agencies of the United States, a state of the
United States, the United Mexican States, or a state of the United
Mexican States;
(6) enter into contracts or agreements necessary or
incidental to its duties and powers under this chapter;
(7) cooperate and work directly with property owners
and governmental agencies and officials to support an activity
required to promote or develop a turnpike project or system;
(8) employ and set the compensation and benefits of
administrators, consulting engineers, attorneys, accountants,
construction and financial experts, superintendents, managers,
full-time and part-time employees, agents, consultants, and such
other persons as the authority considers necessary or useful;
(9) receive loans, gifts, grants, and other
contributions for the construction of a turnpike project or system
and receive contributions of money, property, labor, or other
things of value from any source, including the United States, a
state of the United States, the United Mexican States, a state of
the United Mexican States, [the commission, the department,] any
subdivision of the state, or any other local governmental or
private entity, to be used for the purposes for which the grants or
contributions are made, and enter into any agreement necessary for
the grants or contributions;
(10) install, construct, maintain, repair, renew,
relocate, and remove public utility facilities in, on, along, over,
or under a turnpike project;
(11) organize a corporation under Chapter 431 for the
promotion and development of turnpike projects and systems;
(12) adopt and enforce rules not inconsistent with
this chapter for the use of any turnpike project or system,
including traffic and other public safety rules;
(13) enter into leases, operating agreements, service
agreements, licenses, franchises, and similar agreements with
public or private parties governing the parties' use of all or any
portion of a turnpike project and the rights and obligations of the
authority with respect to a turnpike project; and
(14) do all things necessary or appropriate to carry
out the powers expressly granted by this chapter.
(m) The commission or the department may provide a loan,
grant, contribution, or other assistance to an authority for a
turnpike project only if the project:
(1) is on the state highway system; and
(2) is designed, constructed, operated, repaired, or
maintained by the authority on behalf of the department.
SECTION 6. Section 366.113(a), Transportation Code, is
amended to read as follows:
(a) The principal of, interest on, and any redemption
premium on bonds issued by an authority are payable solely from:
(1) the revenue of the turnpike project or system for
which the bonds are issued, including tolls pledged to pay the
bonds;
(2) payments made under an agreement with [the
commission or] a local governmental entity as provided by
Subchapter G;
(3) money derived from any other source available to
the authority, other than money derived from a turnpike project
that is not part of the same system or money derived from a
different system, except to the extent that the surplus revenue of a
turnpike project or system has been pledged for that purpose; and
(4) amounts received under a credit agreement relating
to the turnpike project or system for which the bonds are issued.
SECTION 7. Section 366.174(b), Transportation Code, is
amended to read as follows:
(b) An authority may transfer into its revolving fund money
from any permissible source, including:
(1) money from a turnpike project if the transfer does
not diminish the money available for the project or the system, if
any, of which it is a part to less than an amount required to be
retained by the bond proceedings pertaining to the project or
system;
(2) money received by the authority from any source
and not otherwise committed, including money from the transfer of a
turnpike project or system or sale of authority assets; and
(3) [money received from the state highway fund; and
[(4)] contributions, loans, grants, or assistance
from the United States, another state, a political subdivision of
this state, a foreign governmental entity, including the United
Mexican States or a state of the United Mexican States, a local
governmental entity, any private enterprise, or any person.
SECTION 8. Section 370.033, Transportation Code, is amended
by amending Subsections (a) and (m) and adding Subsection (s) to
read as follows:
(a) An authority, through its board, may:
(1) adopt rules for the regulation of its affairs and
the conduct of its business;
(2) adopt an official seal;
(3) study, evaluate, design, finance, acquire,
construct, maintain, repair, and operate transportation projects,
individually or as one or more systems, provided that a
transportation project that is subject to Subpart C, 23 C.F.R. Part
450, is:
(A) included in the plan approved by the
applicable metropolitan planning organization; and
(B) consistent with the statewide transportation
plan and the statewide transportation improvement program;
(4) acquire, hold, and dispose of property in the
exercise of its powers and the performance of its duties under this
chapter;
(5) enter into contracts or operating agreements with
a similar authority, another governmental entity, or an agency of
the United States, a state of the United States, the United Mexican
States, or a state of the United Mexican States;
(6) enter into contracts or agreements necessary or
incidental to its powers and duties under this chapter;
(7) cooperate and work directly with property owners
and governmental entities and officials to support an activity
required to promote or develop a transportation project;
(8) employ and set the compensation and benefits of
administrators, consulting engineers, attorneys, accountants,
construction and financial experts, superintendents, managers,
full-time and part-time employees, agents, consultants, and other
persons as the authority considers necessary or useful;
(8-a) participate in the state travel management
program administered by the comptroller for the purpose of
obtaining reduced airline fares and reduced travel agent fees,
provided that the comptroller may charge the authority a fee not to
exceed the costs incurred by the comptroller in providing services
to the authority;
(9) notwithstanding Sections 221.003 and 222.031 and
subject to Subsections (j), [and] (m), and (s), apply for, directly
or indirectly receive and spend loans, gifts, grants, and other
contributions for any purpose of this chapter, including the
construction of a transportation project, and receive and spend
contributions of money, property, labor, or other things of value
from any source, including the United States, a state of the United
States, the United Mexican States, a state of the United Mexican
States, the commission, the department, a subdivision of this
state, or a governmental entity or private entity, to be used for
the purposes for which the grants, loans, or contributions are
made, and enter into any agreement necessary for the grants, loans,
or contributions;
(10) install, construct, or contract for the
construction of public utility facilities, direct the time and
manner of construction of a public utility facility in, on, along,
over, or under a transportation project, or request the removal or
relocation of a public utility facility in, on, along, over, or
under a transportation project;
(11) organize a corporation under Chapter 431 for the
promotion and development of transportation projects;
(12) adopt and enforce rules not inconsistent with
this chapter for the use of any transportation project, including
tolls, fares, or other user fees, speed and weight limits, and
traffic and other public safety rules, provided that an authority
must consider the same factors that the Texas Turnpike Authority
division of the department must consider in altering a prima facie
speed limit under Section 545.354;
(13) enter into leases, operating agreements, service
agreements, licenses, franchises, and similar agreements with a
public or private party governing the party's use of all or any
portion of a transportation project and the rights and obligations
of the authority with respect to a transportation project;
(14) borrow money from or enter into a loan agreement
or other arrangement with the state infrastructure bank, the
department, or the commission, subject to Subsection (s), or with
any other public or private entity; and
(15) do all things necessary or appropriate to carry
out the powers and duties expressly granted or imposed by this
chapter.
(m) If an authority receives money from the general revenue
fund, the Texas Mobility Fund, or the state highway fund it may use
the money only to acquire, design, finance, construct, operate, or
maintain a turnpike project under Section 370.003(14)(A) or (D) or
a transit system under Section 370.351, except that money received
from the Texas Mobility Fund or the state highway fund may be used
only as provided by Subsection (s).
(s) The commission or the department may provide a loan,
grant, contribution, or other assistance to an authority for a
turnpike project only if the project:
(1) is on the state highway system; and
(2) is designed, constructed, operated, repaired, or
maintained by the authority on behalf of the department.
SECTION 9. Section 370.173, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) Money received from the state highway fund may only be
spent or advanced from the revolving fund for a transit system under
Section 370.351 or for a turnpike project that:
(1) is on the state highway system; and
(2) is designed, constructed, operated, repaired, or
maintained by the authority on behalf of the department.
SECTION 10. Sections 222.103(f), 284.008(b), 366.301, and
370.301, Transportation Code, are repealed.
SECTION 11. (a) The changes in law made by this Act apply
only to a loan, grant, contribution, or other assistance provided
by the Texas Department of Transportation on or after the effective
date of this Act.
(b) The repeal by this Act of Sections 222.103(f),
284.008(b), 366.301, and 370.301, Transportation Code, does not
affect any obligations outstanding immediately before the
effective date of this Act.
(c) A loan, grant, contribution, or other assistance
provided before the effective date of this Act is governed by the
law in effect on the date the loan, grant, contribution, or other
assistance is provided, and the former law is continued in effect
for that purpose.
SECTION 12. This Act takes effect September 1, 2015.