86R30021 JXC-F
By: Oliverson H.B. No. 2549
Substitute the following for H.B. No. 2549:
By: Bernal C.S.H.B. No. 2549
A BILL TO BE ENTITLED
AN ACT
relating to agreements between county toll road authorities and
other toll project entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 228.002, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) An agreement entered into under this section with a
county operating under Chapter 284 may provide that a function
described by Subsection (a) that is performed by the county is
governed by the provisions of Chapter 284 applicable to the
performance of the same function for a project under that chapter
and the rules and procedures adopted by the county under that
chapter, in lieu of the laws, rules, or procedures applicable to the
department for the performance of the same function.
SECTION 2. Chapter 284, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. TOLLING SERVICES
Sec. 284.251. APPLICABILITY. This subchapter applies only
to a county with a population of more than 3.3 million.
Sec. 284.252. DEFINITION. In this subchapter, "tolling
services" means the tolling services normally provided through a
county's back office system and customer service center, including
customer service, customer account maintenance, transaction
processing, transponder supply, and toll collection and
enforcement.
Sec. 284.253. TOLLING SERVICES. (a) A county may provide,
for reasonable compensation, tolling services for a toll project in
the county or an adjacent county managed by the department or
another entity, regardless of whether the toll project is
developed, financed, constructed, and operated under an agreement,
including a comprehensive development agreement, with the county or
another entity.
(b) A county may agree to provide additional tolling
services in an agreement described in Section 284.255. Additional
tolling services provided under an agreement under Section 284.255
are subject to the provisions that apply to tolling services under
this section.
Sec. 284.254. FINANCIAL SECURITY. A county may not provide
financial security, including a cash collateral account, for the
performance of tolling services the county provides under this
subchapter if:
(1) the county determines that providing security
could restrict the amount, or increase the cost, of bonds or other
debt obligations the county may subsequently issue under this
chapter or other law; or
(2) the county is not reimbursed its cost of providing
the security.
Sec. 284.255. WRITTEN AGREEMENT REQUIRED. Before providing
tolling services for a toll project under this subchapter, a county
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.
Sec. 284.256. TOLL REVENUES. (a) 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.
(b) Toll revenues that are held or collected by a county
under a tolling services agreement and are not the property of the
county are not subject to a claim adverse to the county or a lien on
or encumbrance against property of the county. Toll revenues that
are the property of the county are not subject to a claim adverse to
any other entity or a lien on or encumbrance against property of any
other entity.
Sec. 284.257. TERMINATION FOR DEFAULT. A county may agree
in a tolling services agreement that its right and obligation to
provide tolling services for the applicable toll project under this
subchapter are subject to termination for default and that after a
termination for default this section does not apply to that toll
project.
Sec. 284.258. CASH COLLATERAL ACCOUNT. (a) Any public or
private entity, including a county 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 a county's failure to make any payment as required by the
tolling services agreement.
(b) A county's written commitment to fully or partially fund
a cash collateral account is conclusive evidence of the county's
determination that the commitment does not violate Section 284.254.
(c) The department may use money from any available source
to fund a cash collateral account under this section.
Sec. 284.259. PROJECT OF COUNTY. (a) For purposes of toll
collection and enforcement, a toll project for which a county
provides tolling services under a tolling services agreement is
considered a project of the county, including with respect to all
rights and remedies arising under this chapter regarding the
project.
(b) Notwithstanding Subsection (a), the county may not
stop, detain, or impound a motor vehicle on the project's active
traffic lanes unless a tolling services agreement addresses that
action.
SECTION 3. Subchapter B, Chapter 372, Transportation Code,
is amended by adding Section 372.054 to read as follows:
Sec. 372.054. TOLLING SERVICES IN CERTAIN COUNTIES. (a) In
this section, "tolling services" has the meaning assigned by
Section 284.252.
(b) A toll project entity may not operate a toll project in a
county with a population of more than 3.3 million unless the toll
project entity enters into an agreement under Subchapter E, Chapter
284, for the provision of tolling services for the project.
SECTION 4. This Act takes effect September 1, 2019.