Texas 2019 - 86th Regular

Texas House Bill HB4475 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R29248 JAM-F
2	1		By: Ortega H.B. No. 4475
3		-	Substitute the following for H.B. No. 4475:
4		-	By: Bernal C.S.H.B. No. 4475
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to ~~transportation projects~~ of a ~~regional mobility~~
10		-	~~authority~~.
	6	+	relating to the ability of a governmental entity to contract for the
	7	+	development and operation of a transportation project.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Sections 370.003(8) and (14), Transportation
13	10		Code, are amended to read as follows:
14	11		(8) "Governmental entity" means a political
15	12		subdivision of the state, including a municipality or a county, a
16	13		political subdivision of a county, a group of adjoining counties, a
17	14		district organized or operating under Section 52, Article III, or
18	15		Section 59, Article XVI, Texas Constitution, the department or
19		-	another state ~~agency~~, a rail district, a transit authority, a
	16	+	another agency of the state, a rail district, a transit authority, a
20	17		nonprofit corporation, including a transportation corporation,
21	18		that is created under Chapter 431, or any other public entity or
22	19		instrumentality.
23	20		(14) "Transportation project" means:
24	21		(A) a turnpike project;
25	22		(B) a system;
26	23		(C) a passenger or freight rail facility,
27	24		including:
28	25		(i) tracks;
29	26		(ii) a rail line;
30	27		(iii) switching, signaling, or other
31	28		operating equipment;
32	29		(iv) a depot;
33	30		(v) a locomotive;
34	31		(vi) rolling stock;
35	32		(vii) a maintenance facility; and
36	33		(viii) other real and personal property
37	34		associated with a rail operation;
38	35		(D) a roadway with a functional classification
39	36		greater than a local road or rural minor collector;
40	37		(D-1) a bridge;
41	38		(E) a ferry;
42	39		(F) an airport, other than an airport that on
43	40		September 1, 2005, was served by one or more air carriers engaged in
44	41		scheduled interstate transportation, as those terms were defined by
45	42		14 C.F.R. Section 1.1 on that date;
46	43		(G) a pedestrian or bicycle facility;
47	44		(H) an intermodal hub;
48	45		(I) an automated conveyor belt for the movement
49	46		of freight;
50	47		(J) a border crossing inspection station,
51	48		including:
52	49		(i) a border crossing inspection station
53	50		located at or near an international border crossing; and
54	51		(ii) a border crossing inspection station
55	52		located at or near a border crossing from another state of the
56	53		United States and not more than 50 miles from an international
57	54		border;
58	55		(K) an air quality improvement initiative;
59	56		(L) a public utility facility;
60	57		(M) a transit system;
61	58		(M-1) a parking area, structure, or facility, or
62	59		a collection device for parking fees;
63	60		(N) if applicable, projects and programs listed
64	61		in the most recently approved state implementation plan for the
65	62		area covered by the authority, including an early action compact;
66	63		(O) improvements in a transportation
67		-	reinvestment zone designated under Subchapter E, Chapter 222; [and]
	64	+	reinvestment zone designated under Subchapter E, Chapter 222; and
68	65		(P) port security, transportation, or facility
69	66		projects eligible for funding under Section 55.002; and
70	67		(Q) an aerial cable car or aerial tramway for the
71		-	transportation of persons or property, or both, that is located in
72		-	the jurisdiction of an authority created under Section 370.031(c).
73		-	SECTION 2. The heading to Section 370.303, Transportation
74		-	Code, is amended to read as follows:
	68	+	transportation of persons or property, or both.
	69	+	SECTION 2. Section 370.303, Transportation Code, is amended
	70	+	to read as follows:
75	71		Sec. 370.303. AGREEMENTS BETWEEN AUTHORITY AND [LOCAL]
76		-	GOVERNMENTAL ENTITIES.
77		-	SECTION 3. Section 370.303(b-1), Transportation Code, is
78		-	amended to read as follows:
79		-	(b-1) An agreement under Subsection (a) or (b) may include a
80		-	means for a [local] governmental entity to pledge or otherwise
	72	+	GOVERNMENTAL ENTITIES. (a) A governmental entity may, consistent
	73	+	with the Texas Constitution, issue bonds, notes, or other
	74	+	obligations or enter into and make payments under agreements with
	75	+	an authority in connection with the financing, acquisition,
	76	+	construction, or operation of a transportation project by an
	77	+	authority, whether inside or outside the geographic boundaries of
	78	+	the governmental entity, including agreements to pay the principal
	79	+	of, and interest on, bonds, notes, or other obligations issued by
	80	+	the authority and make payments under any related credit
	81	+	agreements. The entity may impose and collect taxes to pay the
	82	+	interest on the bonds and to provide a sinking fund for the
	83	+	redemption of the bonds.
	84	+	(b) In addition to the powers provided by Subsection (a), a
	85	+	governmental entity may, to the extent constitutionally permitted,
	86	+	agree with an authority to:
	87	+	(1) issue bonds, notes, or other obligations;
	88	+	(2) create:
	89	+	(A) a taxing district;
	90	+	(B) a transportation reinvestment zone under
	91	+	Subchapter E, Chapter 222; or
	92	+	(C) an entity to promote economic development;
	93	+	(3) collect and remit to an authority taxes, fees, or
	94	+	assessments collected for purposes of developing transportation
	95	+	projects;
	96	+	(4) fund public improvements to promote economic
	97	+	development; or
	98	+	(5) enter into and make payments under an agreement to
	99	+	acquire, construct, maintain, or operate any portion of a
	100	+	transportation project of the authority.
	101	+	(b-1) An agreement under Subsections
	102	+	(a) or (b) may include
	103	+	a means for a [local] governmental entity to pledge or otherwise
81	104		provide funds for a transportation project that benefits the
82	105		governmental entity to be developed by the authority.
	106	+	(c) To make payments under an agreement under Subsection
	107	+	(b), to pay the interest on bonds issued under Subsection (b), or to
	108	+	provide a sinking fund for the bonds or the agreement, a
	109	+	governmental entity may:
	110	+	(1) pledge revenue from any available source,
	111	+	including annual appropriations;
	112	+	(2) impose and collect taxes; or
	113	+	(3) pledge revenue and impose and collect taxes.
	114	+	(d) The term of an agreement under this section may not
	115	+	exceed 40 years.
	116	+	(e) An election required to authorize action under this
	117	+	subchapter must be held in conformity with Chapter 1251, Government
	118	+	Code, or other law applicable to the governmental entity.
	119	+	(f) The governing body of any governmental entity issuing
	120	+	bonds, notes, or other obligations or entering into agreements
	121	+	under this section may exercise the authority granted to the
	122	+	governing body of an issuer with regard to issuance of obligations
	123	+	under Chapter 1371, Government Code, except that the prohibition in
	124	+	that chapter on the repayment of an obligation with ad valorem taxes
	125	+	does not apply to an issuer exercising the authority granted by this
	126	+	section.
	127	+	(g) An agreement under this section may contain repayment or
	128	+	reimbursement obligations of an authority.
83	129		SECTION 4. This Act takes effect immediately if it receives
84	130		a vote of two-thirds of all the members elected to each house, as
85	131		provided by Section 39, Article III, Texas Constitution. If this
86	132		Act does not receive the vote necessary for immediate effect, this
87	133		Act takes effect September 1, 2019.