By: Kolkhorst S.B. No. 812
A BILL TO BE ENTITLED
AN ACT
relating to repayment of money contributed by the Texas Department
of Transportation or the Texas Transportation Commission for toll
projects and to a limitation on toll projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 222.103(a), Transportation Code, is
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 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].
SECTION 2. The heading to Subchapter E, Chapter 228,
Transportation Code, is amended to read as follows:
SUBCHAPTER E. LIMITATION ON TOLL FACILITY DESIGNATION
[DETERMINATION]; CONVERSION OF NONTOLLED STATE HIGHWAY
SECTION 3. Section 228.201, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) The department may not operate any part of State Highway
255 in Webb County as a toll project.
SECTION 4. Section 366.301(c), Transportation Code, is
amended to read as follows:
(c) An obligation or expense incurred by the commission or
department under this section is a part of the cost of the turnpike
project for which the obligation or expense was incurred. The
commission or department shall [may] require money contributed by
the commission or department under this section to be repaid. The
commission or department may require the money to be repaid from
tolls or other revenue of the turnpike project or system on which
the money was spent. Money repaid as required by the commission or
department shall be deposited to the credit of the fund from which
the contribution was made. Money deposited as required by this
section is exempt from the application of Section 403.095,
Government Code.
SECTION 5. Section 370.033(m), Transportation Code, is
amended to read as follows:
(m) If an authority receives money from the general revenue
fund, the Texas Mobility Fund, or the state highway fund, it:
(1) 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; and
(2) must repay the money.
SECTION 6. Sections 370.301(c) and (f), Transportation
Code, are amended to read as follows:
(c) An obligation or expense incurred by the commission or
department under this section is a part of the cost of the turnpike
project for which the obligation or expense was incurred. The
commission or department shall [may] require money contributed by
the commission or department under this section to be repaid. The
commission or department may require the money to be repaid from
tolls or other revenue of the turnpike project on which the money
was spent. Money repaid as required by the commission or department
shall be deposited to the credit of the fund from which the
contribution was made. Money deposited as required by this section
is exempt from the application of Section 403.095, Government Code.
(f) The commission may [grant or] loan department money to
an authority for the acquisition of land for or the construction,
maintenance, or operation of a turnpike project. The commission
shall [may] require the authority to repay money loaned [provided]
under this section. The commission may require the money to be
repaid from toll revenue or other sources on terms established by
the commission.
SECTION 7. Subchapter A, Chapter 372, Transportation Code,
is amended by adding Section 372.002 to read as follows:
Sec. 372.002. REPAYMENT OF MONEY CONTRIBUTED BY DEPARTMENT.
A toll project entity shall repay to the department any money
contributed by the department as participation in the cost of the
entity's toll projects, including money from the state highway
fund, the Texas Mobility Fund, or other sources available to the
department.
SECTION 8. The changes in law made by this Act apply only to
a loan, grant, or other contribution made by the Texas Department of
Transportation or the Texas Transportation Commission on or after
the effective date of this Act. A loan, grant, or other
contribution made before the effective date of this Act is governed
by the law in effect on the date the loan, grant, or other
contribution is made, and the former law is continued in effect for
that purpose.
SECTION 9. This Act takes effect September 1, 2017.