Texas 2021 - 87th Regular

Texas House Bill HB3968 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R14834 TYPED
2	2	By: Thompson of Brazoria H.B. No. 3968
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the development, construction, and operation of toll
8	8	projects.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. COMPREHENSIVE DEVELOPMENT AGREEMENTS FOR CERTAIN TOLL
11	11	PROJECTS
12	12	SECTION 1.01. Subchapter E, Chapter 223, Transportation
13	13	Code, is amended by adding Sections 223.2014 and 223.2015 to read as
14	14	follows:
15	15	Sec. 223.2014. COMPREHENSIVE DEVELOPMENT AGREEMENTS WITH
16	16	PRIVATE ENTITY FOR TOLL PROJECT. (a) The department may enter into
17	17	a comprehensive development agreement with a private entity for a
18	18	project described by Section 223.201(a)(1) or (2) if:
19	19	(1) the estimated capital costs for construction of
20	20	the project exceed $1 billion;
21	21	(2) the department demonstrates that state funding for
22	22	the project is not available without significant reprioritization
23	23	of existing funds that are designated for other highway improvement
24	24	projects; and
25	25	(3) the construction of the project does not require
26	26	the use of money in the state highway fund.
27	27	(b) The department may enter into not more than two
28	28	comprehensive development agreements under this section during
29	29	each fiscal year.
30	30	Sec. 223.2015. VOTER APPROVAL OF CERTAIN PROJECTS REQUIRED;
31	31	ELECTION. (a) This section applies only to a project that is the
32	32	subject of a comprehensive development agreement under Section
33	33	223.2014.
34	34	(b) Notwithstanding any other law, the department or a
35	35	private entity may not construct or operate a project described by
36	36	Subsection (a) unless the project is approved by a majority of
37	37	voters voting:
38	38	(1) in all counties in which a portion of the project
39	39	is to be located at an election held for that purpose, subject to
40	40	Subdivision (2); or
41	41	(2) in each county in which a portion of the project is
42	42	to be located at an election held for that purpose, if the project
43	43	is to be located in:
44	44	(A) at least one county that has a population of
45	45	500,000 or more; and
46	46	(B) at least one county that has a population of
47	47	not more than 50,000.
48	48	(c) On request of the department, the commissioners court of
49	49	each county in which a portion of a project described by Subsection
50	50	(a) is to be located shall order an election under this section,
51	51	provided that the election may not be ordered until the scope of the
52	52	project has been finalized, including:
53	53	(1) the route of the project;
54	54	(2) the number of lanes of the project or, if the
55	55	project is an improvement, extension, or expansion of an existing
56	56	highway, the number of new or modified lanes;
57	57	(3) the number of tolled lanes added by the project;
58	58	and
59	59	(4) the method of financing for the project.
60	60	(d) An election under this section must be held on the first
61	61	November uniform election date that allows sufficient time to
62	62	comply with other requirements of law.
63	63	(e) The ballot at an election held under this section must
64	64	state specific information about the project, including:
65	65	(1) the information described by Subsections
66	66	(c)(1)-(4); and
67	67	(2) for each tolled lane added by the project, whether
68	68	the toll charged will be at a variable or static toll rate.
69	69	(f) The department shall contract with each county in which
70	70	a portion of the project is to be located in a manner prescribed by
71	71	Subchapter D, Chapter 31, Election Code.
72	72	(g) At an election under this section, the ballot must be
73	73	printed to provide for voting for or against the approval of the
74	74	project.
75	75	(h) An election under this section may not be held earlier
76	76	than the fifth anniversary of the date of a previous election to
77	77	approve the same or a substantially similar project, provided that
78	78	an election under this section may be held for a different project
79	79	regardless of whether the project involves the same private entity
80	80	or some or all of the counties involved in a previous election held
81	81	under this section.
82	82	ARTICLE 2. REPEALERS
83	83	SECTION 2.01. The following provisions of the
84	84	Transportation Code are repealed:
85	85	(1) Section 223.2011;
86	86	(2) Sections 228.001(3-a), 228.054, 228.0545,
87	87	228.0546, 228.0547, 228.055, and 228.056;
88	88	(3) Sections 284.070, 284.0701, 284.0702, 284.202,
89	89	284.203, 284.2031(b), 284.2032, 284.204, 284.205, 284.206,
90	90	284.207, 284.208, 284.209, 284.210, 284.211, and 284.212;
91	91	(4) Section 366.178;
92	92	(5) Section 370.177;
93	93	(6) Sections 372.105(c), (d), (e), and (f);
94	94	(7) Sections 372.106, 372.107, 372.108, 372.109,
95	95	372.110, 372.111, 372.112, 372.113, 372.114, and 372.115; and
96	96	(8) Section 502.011.
97	97	ARTICLE 3. EFFECTIVE DATE
98	98	SECTION 3.01. This Act takes effect September 1, 2021.