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Texas House Bill HB2549

Texas 2019 - 86th Regular

Texas House Bill HB2549 Compare Versions

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1-86R30021 JXC-F
1+86R9162 JXC-F
22 By: Oliverson H.B. No. 2549
3- Substitute the following for H.B. No. 2549:
4- By: Bernal C.S.H.B. No. 2549
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to agreements between county toll road authorities and
10- other toll project entities.
7+ relating to the authority of a county to provide tolling services
8+ for another toll project entity.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Section 228.002, Transportation Code, is amended
1311 by adding Subsection (c) to read as follows:
1412 (c) An agreement entered into under this section with a
1513 county operating under Chapter 284 may provide that a function
1614 described by Subsection (a) that is performed by the county is
1715 governed by the provisions of Chapter 284 applicable to the
1816 performance of the same function for a project under that chapter
1917 and the rules and procedures adopted by the county under that
2018 chapter, in lieu of the laws, rules, or procedures applicable to the
2119 department for the performance of the same function.
22- SECTION 2. Chapter 284, Transportation Code, is amended by
23- adding Subchapter E to read as follows:
24- SUBCHAPTER E. TOLLING SERVICES
25- Sec. 284.251. APPLICABILITY. This subchapter applies only
26- to a county with a population of more than 3.3 million.
27- Sec. 284.252. DEFINITION. In this subchapter, "tolling
28- services" means the tolling services normally provided through a
29- county's back office system and customer service center, including
30- customer service, customer account maintenance, transaction
31- processing, transponder supply, and toll collection and
32- enforcement.
33- Sec. 284.253. TOLLING SERVICES. (a) A county may provide,
34- for reasonable compensation, tolling services for a toll project in
35- the county or an adjacent county managed by the department or
36- another entity, regardless of whether the toll project is
37- developed, financed, constructed, and operated under an agreement,
38- including a comprehensive development agreement, with the county or
39- another entity.
40- (b) A county may agree to provide additional tolling
41- services in an agreement described in Section 284.255. Additional
42- tolling services provided under an agreement under Section 284.255
43- are subject to the provisions that apply to tolling services under
44- this section.
45- Sec. 284.254. FINANCIAL SECURITY. A county may not provide
46- financial security, including a cash collateral account, for the
47- performance of tolling services the county provides under this
48- subchapter if:
20+ SECTION 2. Subchapter A, Chapter 284, Transportation Code,
21+ is amended by adding Section 284.0032 to read as follows:
22+ Sec. 284.0032. TOLLING SERVICES. (a) This section applies
23+ only to a county with a population of more than 3.3 million.
24+ (b) In this section, "tolling services" means the tolling
25+ services normally provided through a county's back office system
26+ and customer service center, including customer service, customer
27+ account maintenance, transaction processing, transponder supply,
28+ and toll collection and enforcement.
29+ (c) A county may provide, for reasonable compensation,
30+ tolling services for a toll project in the county managed by the
31+ department or another entity, regardless of whether the toll
32+ project is developed, financed, constructed, and operated under an
33+ agreement, including a comprehensive development agreement, with
34+ the county or another entity. This section does not restrict a
35+ county from agreeing to provide additional tolling services in an
36+ agreement described in Subsection (e). Additional tolling services
37+ provided under an agreement under that subsection are subject to
38+ the provisions that apply to tolling services under this section.
39+ (d) A county may not provide financial security, including a
40+ cash collateral account, for the performance of tolling services
41+ the county provides under this section if:
4942 (1) the county determines that providing security
5043 could restrict the amount, or increase the cost, of bonds or other
5144 debt obligations the county may subsequently issue under this
5245 chapter or other law; or
5346 (2) the county is not reimbursed its cost of providing
5447 the security.
55- Sec. 284.255. WRITTEN AGREEMENT REQUIRED. Before providing
56- tolling services for a toll project under this subchapter, a county
57- must enter into a written agreement that sets out the terms and
58- conditions for the tolling services to be provided and the terms of
59- compensation for those services.
60- Sec. 284.256. TOLL REVENUES. (a) Toll revenues are the
61- property of the entity that is entitled to the revenues under a
62- tolling services agreement for the toll project, regardless of who
63- holds or collects the revenues.
64- (b) Toll revenues that are held or collected by a county
65- under a tolling services agreement and are not the property of the
66- county are not subject to a claim adverse to the county or a lien on
67- or encumbrance against property of the county. Toll revenues that
68- are the property of the county are not subject to a claim adverse to
69- any other entity or a lien on or encumbrance against property of any
70- other entity.
71- Sec. 284.257. TERMINATION FOR DEFAULT. A county may agree
72- in a tolling services agreement that its right and obligation to
73- provide tolling services for the applicable toll project under this
74- subchapter are subject to termination for default and that after a
75- termination for default this section does not apply to that toll
76- project.
77- Sec. 284.258. CASH COLLATERAL ACCOUNT. (a) Any public or
78- private entity, including a county or the department, may agree to
79- fund a cash collateral account for the purpose of providing money
80- that may be withdrawn as provided in the tolling services agreement
81- because of a county's failure to make any payment as required by the
82- tolling services agreement.
83- (b) A county's written commitment to fully or partially fund
84- a cash collateral account is conclusive evidence of the county's
85- determination that the commitment does not violate Section 284.254.
86- (c) The department may use money from any available source
87- to fund a cash collateral account under this section.
88- Sec. 284.259. PROJECT OF COUNTY. (a) For purposes of toll
89- collection and enforcement, a toll project for which a county
90- provides tolling services under a tolling services agreement is
91- considered a project of the county, including with respect to all
92- rights and remedies arising under this chapter regarding the
93- project.
94- (b) Notwithstanding Subsection (a), the county may not
48+ (e) Before providing tolling services for a toll project
49+ under this section, a county must enter into a written agreement
50+ that sets out the terms and conditions for the tolling services to
51+ be provided and the terms of compensation for those services.
52+ (f) Toll revenues are the property of the entity that is
53+ entitled to the revenues under a tolling services agreement for the
54+ toll project, regardless of who holds or collects the revenues.
55+ Toll revenues that are held or collected by a county under a tolling
56+ services agreement and are not the property of the county are not
57+ subject to a claim adverse to the county or a lien on or encumbrance
58+ against property of the county. Toll revenues that are the property
59+ of the county are not subject to a claim adverse to any other entity
60+ or a lien on or encumbrance against property of any other entity.
61+ (g) A county may agree in a tolling services agreement that
62+ its right and obligation to provide tolling services for the
63+ applicable toll project under this section are subject to
64+ termination for default and that after a termination for default
65+ this section does not apply to that toll project.
66+ (h) Any public or private entity, including a county or the
67+ department, may agree to fund a cash collateral account for the
68+ purpose of providing money that may be withdrawn as provided in the
69+ tolling services agreement because of a county's failure to make
70+ any payment as required by the tolling services agreement. A
71+ county's written commitment to fully or partially fund a cash
72+ collateral account is conclusive evidence of the county's
73+ determination that the commitment does not violate Subsection (d).
74+ The department may use money from any available source to fund a
75+ cash collateral account under this subsection.
76+ (i) For purposes of toll collection and enforcement, a toll
77+ project for which a county provides tolling services under a
78+ tolling services agreement is considered a project of the county,
79+ including with respect to all rights and remedies arising under
80+ this chapter regarding the project.
81+ (j) Notwithstanding Subsection (i), the county may not
9582 stop, detain, or impound a motor vehicle on the project's active
9683 traffic lanes unless a tolling services agreement addresses that
9784 action.
98- SECTION 3. Subchapter B, Chapter 372, Transportation Code,
99- is amended by adding Section 372.054 to read as follows:
100- Sec. 372.054. TOLLING SERVICES IN CERTAIN COUNTIES. (a) In
101- this section, "tolling services" has the meaning assigned by
102- Section 284.252.
103- (b) A toll project entity may not operate a toll project in a
104- county with a population of more than 3.3 million unless the toll
105- project entity enters into an agreement under Subchapter E, Chapter
106- 284, for the provision of tolling services for the project.
107- SECTION 4. This Act takes effect September 1, 2019.
85+ SECTION 3. This Act takes effect September 1, 2019.