Texas 2019 - 86th Regular

Texas House Bill HB1951 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R26410 JRR-D
2		-	By: Krause, Metcalf, et al. H.B. No. 1951
3		-	Substitute the following for H.B. No. 1951:
4		-	By: Leman C.S.H.B. No. 1951
	1	+	86R9608 JRR/AAF/JAM-D
	2	+	By: Krause H.B. No. 1951
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the development, construction, and operation of toll
10	8		projects; authorizing an administrative fee; imposing a civil
11	9		penalty.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		ARTICLE 1. COMPREHENSIVE DEVELOPMENT AGREEMENTS FOR CERTAIN TOLL
14	12		PROJECTS
15	13		SECTION 1.01. Subchapter E, Chapter 223, Transportation
16		-	Code, is amended by adding Sections 223.2014 and 223.2015 to read as
17		-	follows:
18		-	Sec. 223.2014. COMPREHENSIVE DEVELOPMENT AGREEMENTS WITH
19		-	PRIVATE ENTITY FOR TOLL PROJECT. (a) The department may enter into
20		-	a comprehensive development agreement with a private entity for a
21		-	project described by Section 223.201(a)(1) or (2) if:
	14	+	Code, is amended by adding Section 223.2014 to read as follows:
	15	+	Sec. 223.2014. AUTHORIZED PROJECTS. (a) The department
	16	+	may enter into a comprehensive development agreement for a project
	17	+	described by Section 223.201(a)(1) or (2) if:
22	18		(1) the estimated capital costs for construction of
23		-	the project ~~exceed~~ $1 billion;
	19	+	the project exceeds $1 billion; and
24	20		(2) the department demonstrates that state funding for
25	21		the project is not available without significant reprioritization
26	22		of existing funds that are designated for other highway improvement
27		-	projects; and
28		-	(3) the construction of the project does not require
29		-	the use of money in the state highway fund.
	23	+	projects.
30	24		(b) The department may enter into not more than two
31	25		comprehensive development agreements under this section during
32	26		each fiscal year.
33		-	Sec. 223.2015. VOTER APPROVAL OF CERTAIN PROJECTS REQUIRED;
34		-	ELECTION. (a) This section applies only to a project that is the
35		-	subject of a comprehensive development agreement under Section
36		-	223.2014.
37		-	(b) Notwithstanding any other law, the department or a
38		-	private entity may not construct or operate a project described by
39		-	Subsection (a) unless the project is approved by a majority of
40		-	voters voting:
41		-	(1) in all counties in which a portion of the project
42		-	is to be located at an election held for that purpose, subject to
43		-	Subdivision (2); or
44		-	(2) in each county in which a portion of the project is
45		-	to be located at an election held for that purpose, if the project
46		-	is to be located in:
47		-	(A) at least one county that has a population of
48		-	500,000 or more; and
49		-	(B) at least one county that has a population of
50		-	not more than 50,000.
51		-	(c) On request of the department, the commissioners court of
52		-	each county in which a portion of a project described by Subsection
53		-	(a) is to be located shall order an election under this section,
54		-	provided that the election may not be ordered until the scope of the
55		-	project has been finalized, including:
	27	+	SECTION 1.02. Section 223.201(b), Transportation Code, is
	28	+	transferred to Subchapter E, Chapter 223, Transportation Code,
	29	+	redesignated as Section 223.2001, Transportation Code, and amended
	30	+	to read as follows:
	31	+	Sec. 223.2001. DEFINITION. [(b)] In this subchapter,
	32	+	"comprehensive development agreement" means an agreement that, at a
	33	+	minimum, provides for the design and construction, reconstruction,
	34	+	rehabilitation, expansion, or improvement of a project described in
	35	+	Section 223.201(a) [Subsection (a)] and may also provide for the
	36	+	financing, acquisition, maintenance, or operation of a project
	37	+	described in that section [Subsection (a)].
	38	+	SECTION 1.03. Subchapter E, Chapter 223, Transportation
	39	+	Code, is amended by adding Section 223.2002 to read as follows:
	40	+	Sec. 223.2002. LIMITATION. The department may enter into a
	41	+	comprehensive development agreement only:
	42	+	(1) for projects authorized under this subchapter; or
	43	+	(2) as provided by Subchapter F.
	44	+	SECTION 1.04. Sections 223.201(f) and (g), Transportation
	45	+	Code, are amended to read as follows:
	46	+	(f) The department may enter into a comprehensive
	47	+	development agreement [only] for all or part of[:
	48	+	[(1)] the State Highway 99 (Grand Parkway) project[;
	49	+	[(2) the Interstate Highway 35E managed lanes project
	50	+	in Dallas and Denton Counties from Interstate Highway 635 to U.S.
	51	+	Highway 380;
	52	+	[(3) the Interstate Highway 35W project in Tarrant
	53	+	County from Interstate Highway 30 to State Highway 114;
	54	+	[(4) the State Highway 183 managed lanes project in
	55	+	Tarrant and Dallas Counties from State Highway 121 to Interstate
	56	+	Highway 35E;
	57	+	[(5) the Interstate Highway 35E/U.S. Highway 67
	58	+	Southern Gateway project in Dallas County, including:
	59	+	[(A) Interstate Highway 35E from 8th Street to
	60	+	Interstate Highway 20; and
	61	+	[(B) U.S. Highway 67 from Interstate Highway 35E
	62	+	to Farm-to-Market Road 1382 (Belt Line Road);
	63	+	[(6) the State Highway 288 project from U.S. Highway
	64	+	59 to south of State Highway 6 in Brazoria County and Harris County;
	65	+	[(7) the U.S. Highway 290 managed lanes project in
	66	+	Harris County from Interstate Highway 610 to State Highway 99;
	67	+	[(8) the Interstate Highway 820 project from State
	68	+	Highway 183 to Randol Mill Road;
	69	+	[(9) the State Highway 114 project in Dallas County
	70	+	from State Highway 121 to State Highway 183;
	71	+	[(10) the Loop 12 project in Dallas County from State
	72	+	Highway 183 to Interstate Highway 35E;
	73	+	[(11) the Loop 9 project in Dallas and Ellis Counties
	74	+	from Interstate Highway 20 to U.S. Highway 67; and
	75	+	[(12) the U.S. Highway 181 Harbor Bridge project in
	76	+	Nueces County between U.S. Highway 181 at Beach Avenue and
	77	+	Interstate Highway 37].
	78	+	(g) The department may combine in a comprehensive
	79	+	development agreement under this subchapter:
	80	+	(1) a toll project and a rail facility as defined by
	81	+	Section 91.001; or
	82	+	(2) two or more projects for which the department is
	83	+	authorized under this subchapter to enter into a comprehensive
	84	+	development agreement [described by Subsection (f)].
	85	+	SECTION 1.05. Section 223.2012(a), Transportation Code, is
	86	+	amended to read as follows:
	87	+	(a) In this section, the North Tarrant Express project is
	88	+	the project on Interstate Highway 35W in Tarrant County from
	89	+	Interstate Highway 30 to State Highway 114 that was [described by
	90	+	Section 223.201(f)(3)] entered into on June 23, 2009.
	91	+	SECTION 1.06. The following provisions of the
	92	+	Transportation Code are repealed:
	93	+	(1) Sections 223.201(i), (j), (k), (l), and (m); and
	94	+	(2) Section 223.2011.
	95	+	ARTICLE 2. VOTER APPROVAL OF TOLL PROJECT
	96	+	SECTION 2.01. Subchapter B, Chapter 372, Transportation
	97	+	Code, is amended by adding Section 372.054 to read as follows:
	98	+	Sec. 372.054. VOTER APPROVAL OF TOLL PROJECT REQUIRED;
	99	+	ELECTION. (a) Notwithstanding any other provision of law, a toll
	100	+	project entity may not construct or operate a toll project unless
	101	+	the project is approved by a majority of voters voting in all
	102	+	counties at an election held for that purpose.
	103	+	(b) On request of a toll project entity, the commissioners
	104	+	court of each county in which a portion of a toll project is to be
	105	+	located shall order an election under this section, provided that
	106	+	the election may not be ordered until the entity has finalized the
	107	+	scope of the project, including:
56	108		(1) the route of the project;
57	109		(2) the number of lanes of the project or, if the
58	110		project is an improvement, extension, or expansion of an existing
59	111		highway, the number of new or modified lanes;
60	112		(3) the number of tolled lanes added by the project;
61	113		and
62	114		(4) the method of financing for the project.
63		-	(d) An election under this section must be held on the first
	115	+	(c) An election under this section must be held on the first
64	116		November uniform election date that allows sufficient time to
65	117		comply with other requirements of law.
66		-	(e) The ballot at an election held under this section must
67		-	state specific information about the project, including:
	118	+	(d) The ballot at an election held under this section must
	119	+	state specific information about the toll project, including:
68	120		(1) the information described by Subsections
69		-	(c)(1)-(4); and
	121	+	(b)(1)-(4); and
70	122		(2) for each tolled lane added by the project, whether
71	123		the toll charged will be at a variable or static toll rate.
72		-	(f) The ~~department~~ shall contract with each county ~~in which~~
73		-	a portion of the project is to be located in a manner ~~prescribed by~~
74		-	Subchapter D, Chapter 31, Election Code.
75		-	(g) At an election under this section, the ballot must be
	124	+	(e) The toll project entity shall contract with each county
	125	+	in which a portion of the toll project is to be located in a manner
	126	+	prescribed by Subchapter D, Chapter 31, Election Code.
	127	+	(f) At an election under this section, the ballot must be
76	128		printed to provide for voting for or against the approval of the
77		-	project.
78		-	(h) An election under this section may not be held earlier
	129	+	toll project.
	130	+	(g) An election under this section may not be held earlier
79	131		than the fifth anniversary of the date of a previous election to
80		-	approve the same or a substantially similar project, provided that
81		-	an election under this section may be held for a different project
82		-	regardless of whether the project involves the same private entity
83		-	or some or all of the counties involved in a previous election held
84		-	under this section.
85		-	ARTICLE 2. PAYMENT OF TOLLS
86		-	SECTION 2.01. Chapter 372, Transportation Code, is amended
	132	+	approve the same or substantially similar toll project, provided
	133	+	that an election under this section may be held for a different toll
	134	+	project regardless of whether the project involves the same toll
	135	+	project entity or some or all of the counties involved in a previous
	136	+	election held under this section.
	137	+	SECTION 2.02. Section 372.054, Transportation Code, as
	138	+	added by this article, applies only to a toll project for which a
	139	+	contract for financing, construction, or operation is entered into
	140	+	on or after the effective date of this Act.
	141	+	ARTICLE 3. PAYMENT OF TOLLS
	142	+	SECTION 3.01. Chapter 372, Transportation Code, is amended
87	143		by adding Subchapter B-1 to read as follows:
88	144		SUBCHAPTER B-1. TOLL COLLECTION AND ENFORCEMENT
89	145		Sec. 372.071. DEFINITION. In this subchapter, "registered
90	146		owner" means an owner as defined by Section 502.001.
91	147		Sec. 372.072. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
92	148		EXEMPT. (a) The operator of a vehicle, other than an authorized
93	149		emergency vehicle as defined by Section 541.201, that is driven or
94	150		towed through a toll collection facility of a toll project shall pay
95	151		the proper toll. The exemption from payment of a toll for an
96	152		authorized emergency vehicle applies regardless of whether the
97	153		vehicle is:
98	154		(1) responding to an emergency;
99	155		(2) displaying a flashing light; or
100	156		(3) marked as an emergency vehicle.
101	157		(b) Notwithstanding Subsection (a), a toll project entity
102	158		may waive the requirement of the payment of a toll or may authorize
103	159		the payment of a reduced toll for any vehicle or class of vehicles.
104	160		Sec. 372.073. TOLL NOT PAID AT TIME OF USE; INVOICE. (a) As
105	161		an alternative to requiring payment of a toll at the time a vehicle
106	162		is driven or towed through a toll collection facility, a toll
107	163		project entity shall use video billing or other tolling methods to
108	164		permit the registered owner of the vehicle to pay the toll at a
109	165		later date.
110	166		(b) A toll project entity may use automated enforcement
111	167		technology, including video recordings, photography, electronic
112	168		data, and transponders, or other tolling methods to identify the
113	169		registered owner of the vehicle for purposes of billing,
114	170		collection, and enforcement activities.
115	171		(c) A toll project entity shall send by first class mail to
116	172		the registered owner of a vehicle a written invoice containing an
117	173		assessment for tolls incurred by the vehicle.
118	174		(d) A toll project entity shall send the invoice required
119	175		under Subsection (c) and related communications to:
120	176		(1) the registered owner's address as shown in the
121	177		vehicle registration records of the Texas Department of Motor
122	178		Vehicles or the analogous department or agency of another state or
123	179		country; or
124	180		(2) an alternate address provided by the owner or
125	181		derived through other reliable means.
126	182		(e) A toll project entity may provide that the invoice
127	183		required under Subsection (c), instead of being sent by first class
128	184		mail, be sent as an electronic record to a registered owner that
129	185		agrees to the terms of the electronic record transmission of the
130	186		information.
131	187		Sec. 372.074. INVOICE REQUIREMENTS; PAYMENT DUE DATE. An
132	188		invoice containing an assessment for the use of a toll project must:
133	189		(1) require payment not later than the 30th day after
134	190		the date the invoice is mailed; and
135	191		(2) conspicuously state:
136	192		(A) the amount due;
137	193		(B) the date by which the amount due must be paid;
138	194		(C) that failure to pay the amount due in the
139	195		required period will result in the assessment of an administrative
140	196		fee; and
141	197		(D) that failure to pay two or more invoices will
142	198		result in a civil penalty.
143	199		Sec. 372.075. PAYMENT OF TOLL INVOICE; ADMINISTRATIVE FEE.
144	200		(a) A person who receives an invoice under this subchapter for the
145	201		use of a toll project shall, not later than the due date specified
146	202		in the invoice:
147	203		(1) pay the amount owed as stated in the invoice; or
148	204		(2) send a written request to the toll project entity
149	205		for a review of the toll assessments contained in the invoice.
150	206		(b) If a person fails to comply with Subsection (a), a toll
151	207		project entity may add an administrative fee, not to exceed $6, to
152	208		the amount the person owes. The toll project entity:
153	209		(1) must set the administrative fee by rule in an
154	210		amount that does not exceed the cost of collecting the toll; and
155	211		(2) may not charge a person more than $48 in
156	212		administrative fees in a 12-month period.
157	213		(c) A toll project entity other than a county under Chapter
158	214		284 may contract, in accordance with Section 2107.003, Government
159	215		Code, with a person to collect the unpaid toll and any applicable
160	216		administrative fee before referring the matter to a court with
161	217		jurisdiction over a civil penalty under Section 372.076.
162	218		Sec. 372.076. CIVIL PENALTY FOR FAILURE TO PAY TWO OR MORE
163	219		INVOICES. (a) A person who receives two or more invoices for
164	220		unpaid tolls and who has not paid the amounts due on or before the
165	221		due dates specified in the invoices is subject to a civil penalty of
166	222		$25. Only one civil penalty may be assessed in a six-month period.
167	223		An appropriate district or county attorney may sue to collect the
168	224		civil penalty and the underlying toll and administrative fee.
169	225		(b) In determining liability for a civil penalty under this
170	226		section, it is presumed that the unpaid invoices were received on
171	227		the fifth day after the date of mailing.
172	228		(c) It is a defense to liability for a civil penalty under
173	229		this section that the person:
174	230		(1) is not liable for payment of each toll assessed in
175	231		the unpaid invoices; or
176	232		(2) paid the amount owed in the invoices pertaining to
177	233		each toll assessed in the invoices that the person is liable for.
178	234		(d) The court in which a person is found liable for a civil
179	235		penalty under Subsection (a) shall collect the civil penalty,
180	236		unpaid tolls, administrative fees, and any additional court costs
181	237		and forward the amounts to the appropriate toll project entity.
182	238		Sec. 372.077. EXCEPTIONS TO TOLL LIABILITY: LEASED,
183	239		TRANSFERRED, OR STOLEN VEHICLE. (a) It is an exception to
184	240		liability of a vehicle's registered owner for a toll incurred by the
185	241		vehicle if the registered owner of the vehicle is a lessor of the
186	242		vehicle and not later than the 30th day after the date the invoice
187	243		containing an assessment of the toll is mailed provides to the
188	244		appropriate toll project entity:
189	245		(1) a copy of the rental, lease, or other contract
190	246		document covering the vehicle on the date the toll was incurred,
191	247		with the name and address of the lessee clearly legible; or
192	248		(2) electronic data, in a format agreed on by the toll
193	249		project entity and the lessor, other than a photocopy or scan of a
194	250		rental or lease contract, that contains the information required
195	251		under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
196	252		the date the toll was incurred.
197	253		(b) If the lessor provides the required information within
198	254		the period prescribed under Subsection (a), the toll project entity
199	255		may send an invoice to the lessee at the address provided under
200	256		Subsection (a) by first class mail not later than the 30th day after
201	257		the date of receipt of the required information from the lessor.
202	258		(c) It is an exception to liability of a vehicle's
203	259		registered owner for a toll incurred by the vehicle if the
204	260		registered owner of the vehicle:
205	261		(1) transferred ownership of the vehicle to another
206	262		person before the toll was incurred;
207	263		(2) submitted written notice of the transfer to the
208	264		Texas Department of Motor Vehicles in accordance with Section
209	265		501.147; and
210	266		(3) not later than the 30th day after the date the
211	267		invoice is mailed, provides to the appropriate toll project entity
212	268		the name and address of the person to whom the vehicle was
213	269		transferred.
214	270		(d) If the former owner of the vehicle provides the required
215	271		information within the period prescribed under Subsection (c), the
216	272		toll project entity may send an invoice to the person to whom
217	273		ownership of the vehicle was transferred at the address provided by
218	274		the former owner by first class mail not later than the 30th day
219	275		after the date of receipt of the required information from the
220	276		former owner.
221	277		(e) It is an exception to liability of a vehicle's
222	278		registered owner for a toll incurred by the vehicle if:
223	279		(1) the vehicle in question was stolen before the toll
224	280		was incurred and was not recovered by the time the toll was
225	281		incurred; and
226	282		(2) the theft was reported to the appropriate law
227	283		enforcement authority before the earlier of:
228	284		(A) the time the toll was incurred; or
229	285		(B) eight hours after the discovery of the theft.
230	286		Sec. 372.078. PRESUMPTION. Proof that a vehicle passed
231	287		through a toll collection facility without payment of the proper
232	288		toll, together with proof that the invoice recipient was the
233	289		registered owner or the driver of the vehicle when the toll was
234	290		incurred, creates a presumption that the invoice recipient is
235	291		liable for the toll incurred by the vehicle. The proof may be by a
236	292		written statement of a peace officer or toll project entity
237	293		employee, video surveillance, or any other reasonable evidence,
238	294		including:
239	295		(1) evidence obtained by automated enforcement
240	296		technology that the toll project entity determines is necessary,
241	297		including automated enforcement technology described by Section
242	298		372.073(b); or
243	299		(2) a copy of the rental, lease, or other contract
244	300		document or the electronic data provided to the toll project entity
245	301		under Section 372.077(a) that shows that the invoice recipient was
246	302		the lessee of the vehicle when the toll was incurred.
247	303		Sec. 372.079. CONFIDENTIALITY OF INFORMATION RELATED TO
248	304		TOLL COLLECTION AND ENFORCEMENT. Information collected for the
249	305		purposes of this subchapter, including contact, payment, and other
250	306		account information and trip data, is confidential and not subject
251	307		to disclosure under Chapter 552, Government Code.
252		-	ARTICLE 3. CONFORMING CHANGES
253		-	SECTION 3.01. Section 102.0213, Government Code, is amended
	308	+	SECTION 3.02. Section 102.0213, Government Code, is amended
254	309		to read as follows:
255	310		Sec. 102.0213. COURT COSTS ON CONVICTION: TRANSPORTATION
256	311		CODE. A person convicted of an offense shall pay the following
257	312		under the Transportation Code, in addition to all other costs:
258	313		(1) court cost on conviction of a misdemeanor under
259	314		Subtitle C, Title 7, Transportation Code (Sec. 542.403,
260	315		Transportation Code) . . . $3;
261	316		(2) cost for impoundment of vehicle (Sec. 601.263,
262	317		Transportation Code) . . . $15 per day; and
263	318		(3) a civil [and criminal] enforcement cost on a
264	319		finding of liability for a civil penalty in connection with an
265	320		assessed [conviction of an offense of, or related to, the
266	321		nonpayment of a] toll in certain counties (Sec. 284.2031,
267	322		Transportation Code) . . . $1.
268		-	SECTION 3.02. Section 223.201(b), Transportation Code, is
269		-	transferred to Subchapter E, Chapter 223, Transportation Code,
270		-	redesignated as Section 223.2001, Transportation Code, and amended
271		-	to read as follows:
272		-	Sec. 223.2001. DEFINITION. [(b)] In this subchapter,
273		-	"comprehensive development agreement" means an agreement that, at a
274		-	minimum, provides for the design and construction, reconstruction,
275		-	rehabilitation, expansion, or improvement of a project described in
276		-	Section 223.201(a) [Subsection (a)] and may also provide for the
277		-	financing, acquisition, maintenance, or operation of a project
278		-	described in that section [Subsection (a)].
279		-	SECTION 3.03. Subchapter E, Chapter 223, Transportation
280		-	Code, is amended by adding Section 223.2002 to read as follows:
281		-	Sec. 223.2002. LIMITATION. The department may enter into a
282		-	comprehensive development agreement only:
283		-	(1) for projects authorized under this subchapter; or
284		-	(2) as provided by Subchapter F.
285		-	SECTION 3.04. Sections 223.201(f) and (g), Transportation
286		-	Code, are amended to read as follows:
287		-	(f) The department may enter into a comprehensive
288		-	development agreement [only] for all or part of[:
289		-	[(1)] the State Highway 99 (Grand Parkway) project[;
290		-	[(2) the Interstate Highway 35E managed lanes project
291		-	in Dallas and Denton Counties from Interstate Highway 635 to U.S.
292		-	Highway 380;
293		-	[(3) the Interstate Highway 35W project in Tarrant
294		-	County from Interstate Highway 30 to State Highway 114;
295		-	[(4) the State Highway 183 managed lanes project in
296		-	Tarrant and Dallas Counties from State Highway 121 to Interstate
297		-	Highway 35E;
298		-	[(5) the Interstate Highway 35E/U.S. Highway 67
299		-	Southern Gateway project in Dallas County, including:
300		-	[(A) Interstate Highway 35E from 8th Street to
301		-	Interstate Highway 20; and
302		-	[(B) U.S. Highway 67 from Interstate Highway 35E
303		-	to Farm-to-Market Road 1382 (Belt Line Road);
304		-	[(6) the State Highway 288 project from U.S. Highway
305		-	59 to south of State Highway 6 in Brazoria County and Harris County;
306		-	[(7) the U.S. Highway 290 managed lanes project in
307		-	Harris County from Interstate Highway 610 to State Highway 99;
308		-	[(8) the Interstate Highway 820 project from State
309		-	Highway 183 to Randol Mill Road;
310		-	[(9) the State Highway 114 project in Dallas County
311		-	from State Highway 121 to State Highway 183;
312		-	[(10) the Loop 12 project in Dallas County from State
313		-	Highway 183 to Interstate Highway 35E;
314		-	[(11) the Loop 9 project in Dallas and Ellis Counties
315		-	from Interstate Highway 20 to U.S. Highway 67; and
316		-	[(12) the U.S. Highway 181 Harbor Bridge project in
317		-	Nueces County between U.S. Highway 181 at Beach Avenue and
318		-	Interstate Highway 37].
319		-	(g) The department may combine in a comprehensive
320		-	development agreement under this subchapter:
321		-	(1) a toll project and a rail facility as defined by
322		-	Section 91.001; or
323		-	(2) two or more projects for which the department is
324		-	authorized under this subchapter to enter into a comprehensive
325		-	development agreement [described by Subsection (f)].
326		-	SECTION 3.05. Section 223.2012(a), Transportation Code, is
327		-	amended to read as follows:
328		-	(a) In this section, the North Tarrant Express project is
329		-	the project on Interstate Highway 35W in Tarrant County from
330		-	Interstate Highway 30 to State Highway 114 that was [described by
331		-	Section 223.201(f)(3)] entered into on June 23, 2009.
332		-	SECTION 3.06. Section 228.059, Transportation Code, is
	323	+	SECTION 3.03. Section 228.059, Transportation Code, is
333	324		amended to read as follows:
334	325		Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER
335	326		ENTITY. An entity operating a toll lane pursuant to Section
336	327		228.007(b) has, with regard to toll collection and enforcement for
337	328		that toll lane, the same powers and duties as the department under
338	329		this chapter and Subchapter B-1, Chapter 372. The entity may use
339	330		revenues for improvement, extension, expansion, or maintenance of
340	331		the toll lane.
341		-	SECTION 3.07. Section 228.104(a), Transportation Code, is
342		-	amended to read as follows:
343		-	(a) The principal of, interest on, and any redemption
344		-	premium on bonds issued by the commission under this subchapter are
345		-	payable solely from:
346		-	(1) the revenue of the toll project or system for which
347		-	the bonds are issued, including tolls pledged to pay the bonds;
348		-	(2) the proceeds of bonds issued for the project or
349		-	system;
350		-	(3) the amounts deposited in a debt service reserve
351		-	fund as required by the trust agreement securing bonds issued for
352		-	the project or system;
353		-	(4) amounts received under a credit agreement relating
354		-	to the project or system for which the bonds are issued;
355		-	(5) surplus revenue of another project or system as
356		-	authorized by Section 228.006; and
357		-	(6) amounts received by the department:
358		-	(A) as pass-through tolls under Section 222.104;
359		-	(B) under an agreement with a local governmental
360		-	entity entered into under Section 228.254;
361		-	(C) under other agreements with a local
362		-	governmental entity relating to the project or system for which the
363		-	bonds are issued; and
364		-	(D) under a comprehensive development agreement
365		-	entered into under Subchapter E, Chapter 223 [Section 223.201].
366		-	SECTION 3.08. The heading to Subchapter D, Chapter 284,
	332	+	SECTION 3.04. The heading to Subchapter D, Chapter 284,
367	333		Transportation Code, is amended to read as follows:
368	334		SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS
369	335		[UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES]
370		-	SECTION 3.09. The heading to Section 284.2031,
	336	+	SECTION 3.05. The heading to Section 284.2031,
371	337		Transportation Code, is amended to read as follows:
372	338		Sec. 284.2031. CIVIL [AND CRIMINAL] ENFORCEMENT COST.
373		-	SECTION 3.10. Section 284.2031(a), Transportation Code, is
	339	+	SECTION 3.06. Section 284.2031(a), Transportation Code, is
374	340		amended to read as follows:
375	341		(a) A county may impose, in addition to other costs, $1 as a
376	342		court cost on the imposition of a civil penalty [conviction to a
377	343		defendant convicted of an offense] under Section 372.076 [284.070,
378	344		284.0701, or 284.203] in an action brought by the county or district
379	345		attorney.
380		-	SECTION 3.11. Subchapter E, Chapter 366, Transportation
	346	+	SECTION 3.07. Subchapter E, Chapter 366, Transportation
381	347		Code, is amended by adding Section 366.186 to read as follows:
382	348		Sec. 366.186. OTHER POWERS AND DUTIES RELATED TO TOLL
383	349		COLLECTION AND ENFORCEMENT. In addition to the other powers and
384	350		duties provided by this chapter and Chapter 372, an authority has
385	351		the same powers and duties as the department under Chapter 228, a
386	352		county under Chapter 284, and a regional mobility authority under
387	353		Chapter 370 regarding the authority's toll collection and
388	354		enforcement powers for:
389	355		(1) the authority's turnpike projects; and
390	356		(2) other toll projects developed, financed,
391	357		constructed, or operated under an agreement, including a
392	358		comprehensive development agreement, with the authority.
393		-	SECTION 3.12. Subchapter E, Chapter 370, Transportation
	359	+	SECTION 3.08. Subchapter E, Chapter 370, Transportation
394	360		Code, is amended by adding Section 370.194 to read as follows:
395	361		Sec. 370.194. OTHER POWERS AND DUTIES RELATED TO TOLL
396	362		COLLECTION AND ENFORCEMENT. In addition to the other powers and
397	363		duties provided by this chapter and Chapter 372, an authority has
398	364		the same powers and duties as the department under Chapter 228, a
399	365		county under Chapter 284, and a regional tollway authority under
400	366		Chapter 366 regarding the authority's toll collection and
401	367		enforcement powers for:
402	368		(1) the authority's turnpike projects; and
403	369		(2) other toll projects developed, financed,
404	370		constructed, or operated under an agreement with the authority or
405	371		another entity.
406		-	SECTION 3.13. The heading to Subchapter C, Chapter 372,
	372	+	SECTION 3.09. The heading to Subchapter C, Chapter 372,
407	373		Transportation Code, is amended to read as follows:
408	374		SUBCHAPTER C. ADDITIONAL REMEDIES AND PROCEDURES FOR NONPAYMENT OF
409	375		TOLLS: CERTAIN TOLL PROJECT ENTITIES[; REMEDIES]
410		-	SECTION 3.14. Section 372.102(a), Transportation Code, is
	376	+	SECTION 3.10. Section 372.102(a), Transportation Code, is
411	377		amended to read as follows:
412	378		(a) Notwithstanding the confidentiality of electronic toll
413	379		collection customer account information, including confidentiality
414	380		under Sections 228.057(e), [366.178(b-1),] 366.179(d),
415	381		[370.177(m), and] 370.178(d), and 372.079, a toll project entity
416	382		may publish a list of the names of the registered owners or lessees
417	383		of nonpaying vehicles who at the time of publication are liable for
418	384		the payment of past due and unpaid tolls or administrative fees.
419	385		The list may include only the persons' names and, for each person
420	386		listed:
421	387		(1) the city and state of the person's residence;
422	388		(2) the total number of events of nonpayment; and
423	389		(3) the total amount due for the tolls and
424	390		administrative fees.
425		-	SECTION 3.15. The heading to Section 372.105,
	391	+	SECTION 3.11. The heading to Section 372.105,
426	392		Transportation Code, is amended to read as follows:
427	393		Sec. 372.105. INVOICES PROVIDED IN PERSON FOR USE OF TOLL
428	394		PROJECT [NONPAYMENT] BY VEHICLES NOT REGISTERED IN THIS STATE.
429		-	SECTION 3.16. Sections 372.105(a) and (b), Transportation
	395	+	SECTION 3.12. Sections 372.105(a) and (b), Transportation
430	396		Code, are amended to read as follows:
431	397		(a) A toll project entity may, in lieu of mailing an invoice
432	398		[a written notice of nonpayment], serve with an invoice [a written
433	399		notice of nonpayment] in person an owner of a vehicle that is not
434	400		registered in this state, including the owner of a vehicle
435	401		registered in another state of the United States, the United
436	402		Mexican States, a state of the United Mexican States, or another
437	403		country or territory. An invoice [A notice of nonpayment] may also
438	404		be served by an employee of a governmental entity operating an
439	405		international bridge at the time a vehicle with a record of
440	406		nonpayment seeks to enter or leave this state.
441	407		(b) An invoice [Each written notice of nonpayment] issued
442	408		under Subsection (a) must be paid not later than the due date
443	409		specified in the invoice [shall include a warning that the failure
444	410		to pay the amounts in the notice may result in the toll project
445	411		entity's exercise of the habitual violator remedies under this
446	412		subchapter].
447		-	SECTION 3.17. Section 541.201(13-a), Transportation Code,
	413	+	SECTION 3.13. Section 541.201(13-a), Transportation Code,
448	414		is amended to read as follows:
449	415		(13-a) "Police vehicle" means a vehicle used by a
450	416		peace officer, as defined by Article 2.12, Code of Criminal
451	417		Procedure, for law enforcement purposes that:
452	418		(A) is owned or leased by a governmental entity;
453	419		(B) is owned or leased by the police department
454	420		of a private institution of higher education that commissions peace
455	421		officers under Section 51.212, Education Code; or
456	422		(C) is:
457	423		(i) a private vehicle owned or leased by the
458	424		peace officer; and
459	425		(ii) approved for use for law enforcement
460	426		purposes by the head of the law enforcement agency that employs the
461	427		peace officer, or by that person's designee, provided that use of
462	428		the private vehicle must, if applicable, comply with any rule
463	429		adopted by the commissioners court of a county under Section
464	430		170.001, Local Government Code, and that the private vehicle may
465	431		not be considered an authorized emergency vehicle for exemption
466	432		purposes under Section 372.072 [228.054, 284.070, 366.178, or
467	433		370.177], Transportation Code, unless the vehicle is marked.
468		-	ARTICLE 4. REPEALERS
469		-	SECTION 4.01. The following provisions of the
	434	+	SECTION 3.14. The following provisions of the
470	435		Transportation Code are repealed:
471		-	(1) Sections 223.201(i), (j), (k), (l), and (m);
472		-	(2) Section 223.2011;
473		-	(3) Sections 228.001(3-a), 228.054, 228.0545,
	436	+	(1) Sections 228.001(3-a), 228.054, 228.0545,
474	437		228.0546, 228.0547, 228.055, and 228.056;
475		-	(4) Sections 284.070, 284.0701, 284.0702, 284.202,
	438	+	(2) Sections 284.070, 284.0701, 284.0702, 284.202,
476	439		284.203, 284.2031(b), 284.2032, 284.204, 284.205, 284.206,
477	440		284.207, 284.208, 284.209, 284.210, 284.211, and 284.212;
478		-	(5) Section 366.178;
479		-	(6) Section 370.177;
480		-	(7) Sections 372.105(c), (d), (e), and (f);
481		-	(8) Sections 372.106, 372.107, 372.108, 372.109,
	441	+	(3) Section 366.178;
	442	+	(4) Section 370.177;
	443	+	(5) Sections 372.105(c), (d), (e), and (f);
	444	+	(6) Sections 372.106, 372.107, 372.108, 372.109,
482	445		372.110, 372.111, 372.112, 372.113, 372.114, and 372.115; and
483		-	(9) Section 502.011.
484		-	ARTICLE 5. TRANSITION; EFFECTIVE DATE
485		-	SECTION 5.01. The changes in law made by this Act regarding
486		-	the collection of tolls apply only to a toll incurred on or after
487		-	the effective date of this Act. A toll incurred before the
488		-	effective date of this Act is governed by the law in effect on the
489		-	date the toll was incurred, and the former law is continued in
490		-	effect for that purpose.
491		-	SECTION 5.02. This Act takes effect September 1, 2019.
	446	+	(7) Section 502.011.
	447	+	SECTION 3.15. The changes in law made by this article apply
	448	+	only to a toll incurred on or after the effective date of this Act.
	449	+	A toll incurred before the effective date of this Act is governed by
	450	+	the law in effect on the date the toll was incurred, and the former
	451	+	law is continued in effect for that purpose.
	452	+	ARTICLE 4. CESSATION OF TOLLS
	453	+	SECTION 4.01. Chapter 372, Transportation Code, is amended
	454	+	by adding Subchapter D to read as follows:
	455	+	SUBCHAPTER D. CESSATION OF TOLLS
	456	+	Sec. 372.151. DEFINITION. In this subchapter, "toll
	457	+	cessation date" means the date on which a project is scheduled to
	458	+	become a part of the state highway system maintained by the
	459	+	commission under Section 372.153.
	460	+	Sec. 372.152. PROJECTED TOLL CESSATION DATE REQUIRED. The
	461	+	governing body of a toll project entity may not adopt a plan for the
	462	+	construction of a toll project unless the plan includes a projected
	463	+	toll cessation date.
	464	+	Sec. 372.153. CESSATION OF TOLLS AFTER BOND REQUIREMENTS
	465	+	MET. (a) Except as provided by Section 372.154, a toll project
	466	+	becomes a part of the state highway system and the commission shall
	467	+	maintain the project without tolls when the costs of acquisition
	468	+	and construction of the project have been paid and:
	469	+	(1) all of the bonds and interest on the bonds that are
	470	+	payable from or secured by revenue of the project have been paid by
	471	+	the issuer of the bonds or another person with the consent or
	472	+	approval of the issuer; or
	473	+	(2) a sufficient amount for the payment of all bonds
	474	+	and interest on the bonds to maturity has been set aside by the
	475	+	issuer of the bonds or another person with the consent or approval
	476	+	of the issuer in a trust fund held for the benefit of the
	477	+	bondholders.
	478	+	(b) A toll project entity may not amend a financing or other
	479	+	agreement in a manner that would extend the date by which a toll
	480	+	project would become part of the state highway system under
	481	+	Subsection (a).
	482	+	Sec. 372.154. CONTINUATION OF VARIABLE TOLLS AFTER TOLL
	483	+	CESSATION DATE. (a) The commission may extend by 10 years a toll
	484	+	cessation date of a toll project for which a toll project entity
	485	+	charges a variable toll rate.
	486	+	(b) After an initial extension under this section is
	487	+	approved, the commission may approve subsequent 10-year extensions
	488	+	of the toll cessation date for the project.
	489	+	(c) Toll revenue collected on a toll project for which the
	490	+	toll cessation date has been extended under this section may be used
	491	+	only for a nontolled highway project in the department
	492	+	transportation district in which the toll project is located.
	493	+	Sec. 372.155. CESSATION OF TOLLS AFTER EXTENSION OF TOLL
	494	+	CESSATION DATE. A toll project becomes part of the state highway
	495	+	system and the commission shall maintain the project without tolls
	496	+	if a 10-year toll cessation date extension authorized under this
	497	+	subchapter expires and a succeeding 10-year extension has not been
	498	+	approved.
	499	+	SECTION 4.02. Sections 228.012(a) and (b), Transportation
	500	+	Code, are amended to read as follows:
	501	+	(a) The department shall create a separate account in the
	502	+	state highway fund to hold payments received by the department
	503	+	under a comprehensive development agreement [and the surplus
	504	+	revenue of a toll project or system]. The department shall create
	505	+	subaccounts in the account for each project, system, or
	506	+	region. Interest earned on money in a subaccount shall be
	507	+	deposited to the credit of that subaccount.
	508	+	(b) The department shall hold money in a subaccount in trust
	509	+	for the benefit of the region in which a project or system is
	510	+	located and may assign the responsibility for allocating money in a
	511	+	subaccount to a metropolitan planning organization in which the
	512	+	region is located for projects approved by the department. At the
	513	+	time the project is approved by the department money shall be
	514	+	allocated and distributed to projects authorized by Section
	515	+	228.0055 [or Section 228.006, as applicable].
	516	+	SECTION 4.03. Section 228.053(f), Transportation Code, is
	517	+	amended to read as follows:
	518	+	(f) The revenue and disbursements for each toll project or
	519	+	system shall be kept separately. The revenue from one project may
	520	+	not be used to pay the cost of another project except as authorized
	521	+	by Section [Sections] 228.0055 [and 228.006].
	522	+	SECTION 4.04. Section 228.104(a), Transportation Code, is
	523	+	amended to read as follows:
	524	+	(a) The principal of, interest on, and any redemption
	525	+	premium on bonds issued by the commission under this subchapter are
	526	+	payable solely from:
	527	+	(1) the revenue of the toll project or system for which
	528	+	the bonds are issued, including tolls pledged to pay the bonds;
	529	+	(2) the proceeds of bonds issued for the project or
	530	+	system;
	531	+	(3) the amounts deposited in a debt service reserve
	532	+	fund as required by the trust agreement securing bonds issued for
	533	+	the project or system;
	534	+	(4) amounts received under a credit agreement relating
	535	+	to the project or system for which the bonds are issued; and
	536	+	(5) [surplus revenue of another project or system as
	537	+	authorized by Section 228.006; and
	538	+	[(6)] amounts received by the department:
	539	+	(A) as pass-through tolls under Section 222.104;
	540	+	(B) under an agreement with a local governmental
	541	+	entity entered into under Section 228.254;
	542	+	(C) under other agreements with a local
	543	+	governmental entity relating to the project or system for which the
	544	+	bonds are issued; and
	545	+	(D) under a comprehensive development agreement
	546	+	entered into under Subchapter E, Chapter 223 [Section 223.201].
	547	+	SECTION 4.05. Section 228.105, Transportation Code, is
	548	+	amended to read as follows:
	549	+	Sec. 228.105. SOURCES OF PAYMENT OF AND SECURITY FOR TOLL
	550	+	REVENUE BONDS. Notwithstanding any other provisions of this
	551	+	subchapter, toll revenue bonds issued by the commission may:
	552	+	(1) be payable from and secured by:
	553	+	(A) payments made under an agreement with a local
	554	+	governmental entity as provided by Section 228.254;
	555	+	(B) the proceeds of bonds issued for the toll
	556	+	project or system; or
	557	+	(C) amounts deposited in a debt service reserve
	558	+	fund as required by the trust agreement securing bonds issued for
	559	+	the project or system; [or
	560	+	[(D) surplus revenue of another toll project or
	561	+	system as authorized by Section 228.006;] and
	562	+	(2) state on their faces any pledge of revenue or taxes
	563	+	and any security for the bonds under the agreement.
	564	+	SECTION 4.06. Section 366.113(a), Transportation Code, is
	565	+	amended to read as follows:
	566	+	(a) The principal of, interest on, and any redemption
	567	+	premium on bonds issued by an authority are payable solely from:
	568	+	(1) the revenue of the turnpike project or system for
	569	+	which the bonds are issued, including tolls pledged to pay the
	570	+	bonds;
	571	+	(2) payments made under an agreement with the
	572	+	commission or a local governmental entity as provided by Subchapter
	573	+	G;
	574	+	(3) money derived from any other source available to
	575	+	the authority, other than money derived from a turnpike project
	576	+	that is not part of the same system or money derived from a
	577	+	different system[, except to the extent that the surplus revenue of
	578	+	a turnpike project or system has been pledged for that purpose];
	579	+	and
	580	+	(4) amounts received under a credit agreement relating
	581	+	to the turnpike project or system for which the bonds are issued.
	582	+	SECTION 4.07. Section 370.113(a), Transportation Code, is
	583	+	amended to read as follows:
	584	+	(a) The principal of, interest on, and any redemption
	585	+	premium on bonds issued by an authority are payable solely from:
	586	+	(1) the revenue of the transportation project for
	587	+	which the bonds are issued;
	588	+	(2) payments made under an agreement with the
	589	+	commission, the department, or other governmental entity as
	590	+	authorized by this chapter;
	591	+	(3) money derived from any other source available to
	592	+	the authority, other than money derived from a transportation
	593	+	project that is not part of the same system or money derived from a
	594	+	different system, except to the extent that the surplus revenue of a
	595	+	transportation project or system, other than a turnpike project,
	596	+	has been pledged for that purpose;
	597	+	(4) amounts received under a credit agreement relating
	598	+	to the transportation project for which the bonds are issued; and
	599	+	(5) the proceeds of the sale of other bonds.
	600	+	SECTION 4.08. Section 373.003, Transportation Code, is
	601	+	amended to read as follows:
	602	+	Sec. 373.003. PROJECT OWNED IN PERPETUITY. Unless a toll
	603	+	project is leased, sold, conveyed, or otherwise transferred to
	604	+	another governmental entity in accordance with applicable law,
	605	+	including Sections 228.151, 284.011, 366.036, 366.172, [and]
	606	+	370.171, 372.153, and 372.155, a toll project procured by the
	607	+	department or a local toll project entity determined by the process
	608	+	under Subchapter B is owned by that entity in perpetuity.
	609	+	SECTION 4.09. The following provisions of the
	610	+	Transportation Code are repealed:
	611	+	(1) Sections 228.006 and 228.109(d);
	612	+	(2) Sections 284.008(c) and (d); and
	613	+	(3) Sections 366.003(9-a), 366.037, 366.071,
	614	+	366.072(b), and 366.175.
	615	+	SECTION 4.10. Section 372.152, Transportation Code, as
	616	+	added by this article, applies only to a toll project for which an
	617	+	initial plan is adopted on or after the effective date of this Act.
	618	+	ARTICLE 5. EFFECTIVE DATE
	619	+	SECTION 5.01. This Act takes effect September 1, 2019.