Bill Text: TX HB3497 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the cessation of tolls by toll project entities in certain circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to Transportation [HB3497 Detail]
Download: Texas-2021-HB3497-Introduced.html
87R2080 JAM-D | ||
By: Metcalf | H.B. No. 3497 |
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relating to the cessation of tolls by toll project entities in | ||
certain circumstances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 372, Transportation Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. CESSATION OF TOLLS | ||
Sec. 372.151. DEFINITION. In this subchapter, "toll | ||
cessation date" means the date on which a project is scheduled to | ||
become a part of the state highway system maintained by the | ||
commission under Section 372.152. | ||
Sec. 372.152. CESSATION OF TOLLS AFTER BOND REQUIREMENTS | ||
MET. (a) Except as provided by Section 372.153, a toll project | ||
becomes a part of the state highway system and the commission shall | ||
maintain the project without tolls when the costs of acquisition | ||
and construction of the project have been paid and: | ||
(1) all of the bonds and interest on the bonds that are | ||
payable from or secured by revenue of the project have been paid by | ||
the issuer of the bonds or another person with the consent or | ||
approval of the issuer; or | ||
(2) a sufficient amount for the payment of all bonds | ||
and interest on the bonds to maturity has been set aside by the | ||
issuer of the bonds or another person with the consent or approval | ||
of the issuer in a trust fund held for the benefit of the | ||
bondholders. | ||
(b) A toll project entity may not amend a financing or other | ||
agreement in a manner that would extend the date by which a toll | ||
project would become part of the state highway system under | ||
Subsection (a). | ||
Sec. 372.153. ELECTION TO CONTINUE TOLLS AFTER TOLL | ||
CESSATION DATE. (a) A toll project entity may extend by five years | ||
a toll cessation date of a toll project if the extension is approved | ||
by a majority of the votes cast at an election held for that | ||
purpose: | ||
(1) on a uniform election date before the toll | ||
cessation date; | ||
(2) in: | ||
(A) the territory of the toll project entity; or | ||
(B) if the toll project entity is the department, | ||
each county in which the toll project is located; and | ||
(3) by: | ||
(A) the toll project entity; or | ||
(B) if the toll project entity is the department, | ||
each county in which the toll project is located. | ||
(b) After an initial election under this section at which an | ||
extension is approved, the toll project entity may use the process | ||
established by this subchapter to obtain voter approval for | ||
subsequent five-year extensions of the toll cessation date for the | ||
project. | ||
(c) At an election ordered under this section, the ballots | ||
must be printed to permit voting for or against the proposition: | ||
"The continuation of tolls for a period of five years for (toll | ||
project)." | ||
Sec. 372.154. REQUEST FOR ELECTION BY DEPARTMENT. (a) If | ||
the department wishes to extend a toll cessation date for a toll | ||
project the department shall, not later than nine months before the | ||
toll cessation date, send to the commissioners court of each county | ||
in which the toll project is located notice of: | ||
(1) the toll cessation date for the project; and | ||
(2) the department's intention to request an election | ||
for an extension of tolling authority for the project. | ||
(b) Each commissioners court that receives notice under | ||
Subsection (a) shall, as soon as practicable after receiving the | ||
notice, propose to the department: | ||
(1) one or more uniform election dates occurring | ||
before the toll cessation date that would allow the county | ||
sufficient time to comply with applicable provisions of law for | ||
holding the election; and | ||
(2) the date by which a request must be submitted by | ||
the department in order for the county to have sufficient time to | ||
comply with applicable provisions of law for holding the election. | ||
(c) If the department submits to a commissioners court a | ||
request for an election for an extension of tolling authority for | ||
the project that complies with Subsection (b), the commissioners | ||
court shall hold the requested election. | ||
Sec. 372.155. CESSATION OF TOLLS AFTER EXTENSION OF TOLL | ||
CESSATION DATE. A toll project becomes part of the state highway | ||
system and the commission shall maintain the project without tolls | ||
if a five-year toll cessation date extension authorized by an | ||
election under this subchapter expires and a succeeding five-year | ||
extension has not been approved at an election under this | ||
subchapter. | ||
SECTION 2. Section 373.003, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 373.003. PROJECT OWNED IN PERPETUITY. Unless a toll | ||
project is leased, sold, conveyed, or otherwise transferred to | ||
another governmental entity in accordance with applicable law, | ||
including Sections 228.151, 284.011, 366.036, 366.172, [ |
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370.171, 372.152, and 372.155, a toll project procured by the | ||
department or a local toll project entity determined by the process | ||
under Subchapter B is owned by that entity in perpetuity. | ||
SECTION 3. Sections 284.008(c) and (d), Transportation | ||
Code, are repealed. | ||
SECTION 4. 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, 2021. |