Texas 2023 - 88th Regular

Texas House Bill HB3828 Compare Versions

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1	1	88R3215 JAM-D
2	2	By: Metcalf H.B. No. 3828
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the cessation of tolls by toll project entities in
8	8	certain circumstances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 372, Transportation Code, is amended by
11	11	adding Subchapter D to read as follows:
12	12	SUBCHAPTER D. CESSATION OF TOLLS
13	13	Sec. 372.151. DEFINITION. In this subchapter, "toll
14	14	cessation date" means the date on which a project is scheduled to
15	15	become a part of the state highway system maintained by the
16	16	commission under Section 372.152.
17	17	Sec. 372.152. CESSATION OF TOLLS AFTER BOND REQUIREMENTS
18	18	MET. (a) Except as provided by Section 372.153, a toll project
19	19	becomes a part of the state highway system and the commission shall
20	20	maintain the project without tolls when the costs of acquisition
21	21	and construction of the project have been paid and:
22	22	(1) all of the bonds and interest on the bonds that are
23	23	payable from or secured by revenue of the project have been paid by
24	24	the issuer of the bonds or another person with the consent or
25	25	approval of the issuer; or
26	26	(2) a sufficient amount for the payment of all bonds
27	27	and interest on the bonds to maturity has been set aside by the
28	28	issuer of the bonds or another person with the consent or approval
29	29	of the issuer in a trust fund held for the benefit of the
30	30	bondholders.
31	31	(b) A toll project entity may not amend a financing or other
32	32	agreement in a manner that would extend the date by which a toll
33	33	project would become part of the state highway system under
34	34	Subsection (a).
35	35	Sec. 372.153. ELECTION TO CONTINUE TOLLS AFTER TOLL
36	36	CESSATION DATE. (a) A toll project entity may extend by five years
37	37	a toll cessation date of a toll project if the extension is approved
38	38	by a majority of the votes cast at an election held for that
39	39	purpose:
40	40	(1) on a uniform election date before the toll
41	41	cessation date;
42	42	(2) in:
43	43	(A) the territory of the toll project entity; or
44	44	(B) if the toll project entity is the department,
45	45	each county in which the toll project is located; and
46	46	(3) by:
47	47	(A) the toll project entity; or
48	48	(B) if the toll project entity is the department,
49	49	each county in which the toll project is located.
50	50	(b) After an initial election under this section at which an
51	51	extension is approved, the toll project entity may use the process
52	52	established by this subchapter to obtain voter approval for
53	53	subsequent five-year extensions of the toll cessation date for the
54	54	project.
55	55	(c) At an election ordered under this section, the ballots
56	56	must be printed to permit voting for or against the proposition:
57	57	"The continuation of tolls for a period of five years for (toll
58	58	project)."
59	59	Sec. 372.154. REQUEST FOR ELECTION BY DEPARTMENT. (a) If
60	60	the department wishes to extend a toll cessation date for a toll
61	61	project the department shall, not later than nine months before the
62	62	toll cessation date, send to the commissioners court of each county
63	63	in which the toll project is located notice of:
64	64	(1) the toll cessation date for the project; and
65	65	(2) the department's intention to request an election
66	66	for an extension of tolling authority for the project.
67	67	(b) Each commissioners court that receives notice under
68	68	Subsection (a) shall, as soon as practicable after receiving the
69	69	notice, propose to the department:
70	70	(1) one or more uniform election dates occurring
71	71	before the toll cessation date that would allow the county
72	72	sufficient time to comply with applicable provisions of law for
73	73	holding the election; and
74	74	(2) the date by which a request must be submitted by
75	75	the department in order for the county to have sufficient time to
76	76	comply with applicable provisions of law for holding the election.
77	77	(c) If the department submits to a commissioners court a
78	78	request for an election for an extension of tolling authority for
79	79	the project that complies with Subsection (b), the commissioners
80	80	court shall hold the requested election.
81	81	Sec. 372.155. CESSATION OF TOLLS AFTER EXTENSION OF TOLL
82	82	CESSATION DATE. A toll project becomes part of the state highway
83	83	system and the commission shall maintain the project without tolls
84	84	if a five-year toll cessation date extension authorized by an
85	85	election under this subchapter expires and a succeeding five-year
86	86	extension has not been approved at an election under this
87	87	subchapter.
88	88	SECTION 2. Section 373.003, Transportation Code, is amended
89	89	to read as follows:
90	90	Sec. 373.003. PROJECT OWNED IN PERPETUITY. Unless a toll
91	91	project is leased, sold, conveyed, or otherwise transferred to
92	92	another governmental entity in accordance with applicable law,
93	93	including Sections 228.151, 284.011, 366.036, 366.172, [and]
94	94	370.171, 372.152, and 372.155, a toll project procured by the
95	95	department or a local toll project entity determined by the process
96	96	under Subchapter B is owned by that entity in perpetuity.
97	97	SECTION 3. Sections 284.008(c) and (d), Transportation
98	98	Code, are repealed.
99	99	SECTION 4. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2023.