87R14834 TYPED
By: Thompson of Brazoria H.B. No. 3968
A BILL TO BE ENTITLED
AN ACT
relating to the development, construction, and operation of toll
projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. COMPREHENSIVE DEVELOPMENT AGREEMENTS FOR CERTAIN TOLL
PROJECTS
SECTION 1.01. Subchapter E, Chapter 223, Transportation
Code, is amended by adding Sections 223.2014 and 223.2015 to read as
follows:
Sec. 223.2014. COMPREHENSIVE DEVELOPMENT AGREEMENTS WITH
PRIVATE ENTITY FOR TOLL PROJECT. (a) The department may enter into
a comprehensive development agreement with a private entity for a
project described by Section 223.201(a)(1) or (2) if:
(1) the estimated capital costs for construction of
the project exceed $1 billion;
(2) the department demonstrates that state funding for
the project is not available without significant reprioritization
of existing funds that are designated for other highway improvement
projects; and
(3) the construction of the project does not require
the use of money in the state highway fund.
(b) The department may enter into not more than two
comprehensive development agreements under this section during
each fiscal year.
Sec. 223.2015. VOTER APPROVAL OF CERTAIN PROJECTS REQUIRED;
ELECTION. (a) This section applies only to a project that is the
subject of a comprehensive development agreement under Section
223.2014.
(b) Notwithstanding any other law, the department or a
private entity may not construct or operate a project described by
Subsection (a) unless the project is approved by a majority of
voters voting:
(1) in all counties in which a portion of the project
is to be located at an election held for that purpose, subject to
Subdivision (2); or
(2) in each county in which a portion of the project is
to be located at an election held for that purpose, if the project
is to be located in:
(A) at least one county that has a population of
500,000 or more; and
(B) at least one county that has a population of
not more than 50,000.
(c) On request of the department, the commissioners court of
each county in which a portion of a project described by Subsection
(a) is to be located shall order an election under this section,
provided that the election may not be ordered until the scope of the
project has been finalized, including:
(1) the route of the project;
(2) the number of lanes of the project or, if the
project is an improvement, extension, or expansion of an existing
highway, the number of new or modified lanes;
(3) the number of tolled lanes added by the project;
and
(4) the method of financing for the project.
(d) An election under this section must be held on the first
November uniform election date that allows sufficient time to
comply with other requirements of law.
(e) The ballot at an election held under this section must
state specific information about the project, including:
(1) the information described by Subsections
(c)(1)-(4); and
(2) for each tolled lane added by the project, whether
the toll charged will be at a variable or static toll rate.
(f) The department shall contract with each county in which
a portion of the project is to be located in a manner prescribed by
Subchapter D, Chapter 31, Election Code.
(g) At an election under this section, the ballot must be
printed to provide for voting for or against the approval of the
project.
(h) An election under this section may not be held earlier
than the fifth anniversary of the date of a previous election to
approve the same or a substantially similar project, provided that
an election under this section may be held for a different project
regardless of whether the project involves the same private entity
or some or all of the counties involved in a previous election held
under this section.
ARTICLE 2. REPEALERS
SECTION 2.01. The following provisions of the
Transportation Code are repealed:
(1) Section 223.2011;
(2) Sections 228.001(3-a), 228.054, 228.0545,
228.0546, 228.0547, 228.055, and 228.056;
(3) Sections 284.070, 284.0701, 284.0702, 284.202,
284.203, 284.2031(b), 284.2032, 284.204, 284.205, 284.206,
284.207, 284.208, 284.209, 284.210, 284.211, and 284.212;
(4) Section 366.178;
(5) Section 370.177;
(6) Sections 372.105(c), (d), (e), and (f);
(7) Sections 372.106, 372.107, 372.108, 372.109,
372.110, 372.111, 372.112, 372.113, 372.114, and 372.115; and
(8) Section 502.011.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect September 1, 2021.