By: RodrÃguez S.B. No. 2248
A BILL TO BE ENTITLED
AN ACT
relating to the ability of a governmental entity to contract for the
development and operation of a transportation project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 370.003(8) and (14), Transportation
Code, are amended to read as follows:
(8) "Governmental entity" means a political
subdivision of the state, including a municipality or a county, a
political subdivision of a county, a group of adjoining counties, a
district organized or operating under Section 52, Article III, or
Section 59, Article XVI, Texas Constitution, the department or
another agency of the state, a rail district, a transit authority, a
nonprofit corporation, including a transportation corporation,
that is created under Chapter 431, or any other public entity or
instrumentality.
(14) "Transportation project" means:
(A) a turnpike project;
(B) a system;
(C) a passenger or freight rail facility,
including:
(i) tracks;
(ii) a rail line;
(iii) switching, signaling, or other
operating equipment;
(iv) a depot;
(v) a locomotive;
(vi) rolling stock;
(vii) a maintenance facility; and
(viii) other real and personal property
associated with a rail operation;
(D) a roadway with a functional classification
greater than a local road or rural minor collector;
(D-1) a bridge;
(E) a ferry;
(F) an airport, other than an airport that on
September 1, 2005, was served by one or more air carriers engaged in
scheduled interstate transportation, as those terms were defined by
14 C.F.R. Section 1.1 on that date;
(G) a pedestrian or bicycle facility;
(H) an intermodal hub;
(I) an automated conveyor belt for the movement
of freight;
(J) a border crossing inspection station,
including:
(i) a border crossing inspection station
located at or near an international border crossing; and
(ii) a border crossing inspection station
located at or near a border crossing from another state of the
United States and not more than 50 miles from an international
border;
(K) an air quality improvement initiative;
(L) a public utility facility;
(M) a transit system;
(M-1) a parking area, structure, or facility, or
a collection device for parking fees;
(N) if applicable, projects and programs listed
in the most recently approved state implementation plan for the
area covered by the authority, including an early action compact;
(O) improvements in a transportation
reinvestment zone designated under Subchapter E, Chapter 222; and
(P) port security, transportation, or facility
projects eligible for funding under Section 55.002; and
(Q) an aerial cable car or aerial tramway for the
transportation of persons or property, or both.
SECTION 2. Section 370.303, Transportation Code, is amended
to read as follows:
Sec. 370.303. AGREEMENTS BETWEEN AUTHORITY AND [LOCAL]
GOVERNMENTAL ENTITIES. (a) A governmental entity may, consistent
with the Texas Constitution, issue bonds, notes, or other
obligations or enter into and make payments under agreements with
an authority in connection with the financing, acquisition,
construction, or operation of a transportation project by an
authority, whether inside or outside the geographic boundaries of
the governmental entity, including agreements to pay the principal
of, and interest on, bonds, notes, or other obligations issued by
the authority and make payments under any related credit
agreements. The entity may impose and collect taxes to pay the
interest on the bonds and to provide a sinking fund for the
redemption of the bonds.
(b) In addition to the powers provided by Subsection (a), a
governmental entity may, to the extent constitutionally permitted,
agree with an authority to:
(1) issue bonds, notes, or other obligations;
(2) create:
(A) a taxing district;
(B) a transportation reinvestment zone under
Subchapter E, Chapter 222; or
(C) an entity to promote economic development;
(3) collect and remit to an authority taxes, fees, or
assessments collected for purposes of developing transportation
projects;
(4) fund public improvements to promote economic
development; or
(5) enter into and make payments under an agreement to
acquire, construct, maintain, or operate any portion of a
transportation project of the authority.
(b-1) An agreement under Subsections (a) or (b) may include
a means for a [local] governmental entity to pledge or otherwise
provide funds for a transportation project that benefits the
governmental entity to be developed by the authority.
(c) To make payments under an agreement under Subsection
(b), to pay the interest on bonds issued under Subsection (b), or to
provide a sinking fund for the bonds or the agreement, a
governmental entity may:
(1) pledge revenue from any available source,
including annual appropriations;
(2) impose and collect taxes; or
(3) pledge revenue and impose and collect taxes.
(d) The term of an agreement under this section may not
exceed 40 years.
(e) An election required to authorize action under this
subchapter must be held in conformity with Chapter 1251, Government
Code, or other law applicable to the governmental entity.
(f) The governing body of any governmental entity issuing
bonds, notes, or other obligations or entering into agreements
under this section may exercise the authority granted to the
governing body of an issuer with regard to issuance of obligations
under Chapter 1371, Government Code, except that the prohibition in
that chapter on the repayment of an obligation with ad valorem taxes
does not apply to an issuer exercising the authority granted by this
section.
(g) An agreement under this section may contain repayment or
reimbursement obligations of an authority.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.