85R801 JTS-D
By: Sanford H.B. No. 1903
A BILL TO BE ENTITLED
AN ACT
relating to the use of toll project revenue for air quality
projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 228.0055(a), Transportation Code, is
amended to read as follows:
(a) Payments, project savings, refinancing dividends, and
any other revenue received by the commission or the department
under a comprehensive development agreement shall be used by the
commission or the department to finance the construction,
maintenance, or operation of transportation projects [or air
quality projects] in the region.
SECTION 2. Section 228.006(a), Transportation Code, is
amended to read as follows:
(a) The commission shall authorize the use of surplus
revenue of a toll project or system to pay the costs of a highway or
other transportation project[, highway project, or air quality
project] within a region in which any part of the toll project is
located.
SECTION 3. Section 228.109(d), Transportation Code, is
amended to read as follows:
(d) Notwithstanding Subsection (c), surplus revenue may be
used for a transportation [or air quality] project as authorized by
Section 228.006.
SECTION 4. Section 370.003(14), Transportation Code, is
amended to read as follows:
(14) "Transportation project" means:
(A) a turnpike project;
(B) a system;
(C) a passenger or freight rail facility,
including:
(i) tracks;
(ii) a rail line;
(iii) switching, signaling, or other
operating equipment;
(iv) a depot;
(v) a locomotive;
(vi) rolling stock;
(vii) a maintenance facility; and
(viii) other real and personal property
associated with a rail operation;
(D) a roadway with a functional classification
greater than a local road or rural minor collector;
(D-1) a bridge;
(E) a ferry;
(F) an airport, other than an airport that on
September 1, 2005, was served by one or more air carriers engaged in
scheduled interstate transportation, as those terms were defined by
14 C.F.R. Section 1.1 on that date;
(G) a pedestrian or bicycle facility;
(H) an intermodal hub;
(I) an automated conveyor belt for the movement
of freight;
(J) a border crossing inspection station,
including:
(i) a border crossing inspection station
located at or near an international border crossing; and
(ii) a border crossing inspection station
located at or near a border crossing from another state of the
United States and not more than 50 miles from an international
border;
(K) [an air quality improvement initiative;
[(L)] a public utility facility;
(L) [(M)] a transit system;
(M) [(M-1)] a parking area, structure, or
facility, or a collection device for parking fees;
(N) if applicable, projects and programs listed
in the most recently approved state implementation plan for the
area covered by the authority, including an early action compact;
(O) improvements in a transportation
reinvestment zone designated under Subchapter E, Chapter 222; and
(P) port security, transportation, or facility
projects eligible for funding under Section 55.002.
SECTION 5. Subchapter A, Chapter 372, Transportation Code,
is amended by adding Section 372.002 to read as follows:
Sec. 372.002. PROHIBITION ON USE OF TOLL REVENUE FOR AIR
QUALITY PROJECTS. A toll project entity may not use toll revenue
for projects that are intended solely to mitigate or prevent air
pollution or other adverse environmental impacts.
SECTION 6. Section 228.001(1), Transportation Code, is
repealed.
SECTION 7. This Act takes effect September 1, 2017.