Texas 2025 - 89th Regular

Texas House Bill HB5346 Compare Versions

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Old	New	Differences
1	1	89R1753 JAM-D
2	2	By: Metcalf H.B. No. 5346
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the cessation of tolls by toll project entities in
10	10	certain circumstances.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 372, Transportation Code, is amended by
13	13	adding Subchapter D to read as follows:
14	14	SUBCHAPTER D. CESSATION OF TOLLS
15	15	Sec. 372.151. DEFINITION. In this subchapter, "toll
16	16	cessation date" means the date on which a project is scheduled to
17	17	become a part of the state highway system maintained by the
18	18	commission under Section 372.152.
19	19	Sec. 372.152. CESSATION OF TOLLS AFTER BOND REQUIREMENTS
20	20	MET. (a) Except as provided by Section 372.153, a toll project
21	21	becomes a part of the state highway system and the commission shall
22	22	maintain the project without tolls when the costs of acquisition
23	23	and construction of the project have been paid and:
24	24	(1) all of the bonds and interest on the bonds that are
25	25	payable from or secured by revenue of the project have been paid by
26	26	the issuer of the bonds or another person with the consent or
27	27	approval of the issuer; or
28	28	(2) a sufficient amount for the payment of all bonds
29	29	and interest on the bonds to maturity has been set aside by the
30	30	issuer of the bonds or another person with the consent or approval
31	31	of the issuer in a trust fund held for the benefit of the
32	32	bondholders.
33	33	(b) A toll project entity may not amend a financing or other
34	34	agreement in a manner that would extend the date by which a toll
35	35	project would become part of the state highway system under
36	36	Subsection (a).
37	37	Sec. 372.153. ELECTION TO CONTINUE TOLLS AFTER TOLL
38	38	CESSATION DATE. (a) A toll project entity may extend by five years
39	39	a toll cessation date of a toll project if the extension is approved
40	40	by a majority of the votes cast at an election held for that
41	41	purpose:
42	42	(1) on a uniform election date before the toll
43	43	cessation date;
44	44	(2) in:
45	45	(A) the territory of the toll project entity; or
46	46	(B) if the toll project entity is the department,
47	47	each county in which the toll project is located; and
48	48	(3) by:
49	49	(A) the toll project entity; or
50	50	(B) if the toll project entity is the department,
51	51	each county in which the toll project is located.
52	52	(b) After an initial election under this section at which an
53	53	extension is approved, the toll project entity may use the process
54	54	established by this subchapter to obtain voter approval for
55	55	subsequent five-year extensions of the toll cessation date for the
56	56	project.
57	57	(c) At an election ordered under this section, the ballots
58	58	must be printed to permit voting for or against the proposition:
59	59	"The continuation of tolls for a period of five years for (toll
60	60	project)."
61	61	Sec. 372.154. REQUEST FOR ELECTION BY DEPARTMENT. (a) If
62	62	the department wishes to extend a toll cessation date for a toll
63	63	project the department shall, not later than nine months before the
64	64	toll cessation date, send to the commissioners court of each county
65	65	in which the toll project is located notice of:
66	66	(1) the toll cessation date for the project; and
67	67	(2) the department's intention to request an election
68	68	for an extension of tolling authority for the project.
69	69	(b) Each commissioners court that receives notice under
70	70	Subsection (a) shall, as soon as practicable after receiving the
71	71	notice, propose to the department:
72	72	(1) one or more uniform election dates occurring
73	73	before the toll cessation date that would allow the county
74	74	sufficient time to comply with applicable provisions of law for
75	75	holding the election; and
76	76	(2) the date by which a request must be submitted by
77	77	the department in order for the county to have sufficient time to
78	78	comply with applicable provisions of law for holding the election.
79	79	(c) If the department submits to a commissioners court a
80	80	request for an election for an extension of tolling authority for
81	81	the project that complies with Subsection (b), the commissioners
82	82	court shall hold the requested election.
83	83	Sec. 372.155. CESSATION OF TOLLS AFTER EXTENSION OF TOLL
84	84	CESSATION DATE. A toll project becomes part of the state highway
85	85	system and the commission shall maintain the project without tolls
86	86	if a five-year toll cessation date extension authorized by an
87	87	election under this subchapter expires and a succeeding five-year
88	88	extension has not been approved at an election under this
89	89	subchapter.
90	90	SECTION 2. Section 373.003, Transportation Code, is amended
91	91	to read as follows:
92	92	Sec. 373.003. PROJECT OWNED IN PERPETUITY. Unless a toll
93	93	project is leased, sold, conveyed, or otherwise transferred to
94	94	another governmental entity in accordance with applicable law,
95	95	including Sections 228.151, 284.011, 366.036, 366.172, [and]
96	96	370.171, 372.152, and 372.155, a toll project procured by the
97	97	department or a local toll project entity determined by the process
98	98	under Subchapter B is owned by that entity in perpetuity.
99	99	SECTION 3. Sections 284.008(c) and (d), Transportation
100	100	Code, are repealed.
101	101	SECTION 4. This Act takes effect immediately if it receives
102	102	a vote of two-thirds of all the members elected to each house, as
103	103	provided by Section 39, Article III, Texas Constitution. If this
104	104	Act does not receive the vote necessary for immediate effect, this
105	105	Act takes effect September 1, 2025.