Bill Text: TX SB814 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the deposit and use of certain revenue received by the Texas Department of Transportation and metropolitan planning organizations from certain transportation projects or systems.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-01 - Referred to Transportation & Homeland Sec. [SB814 Detail]

Download: Texas-2011-SB814-Introduced.html

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82R8334 TRH-F
By: Davis S.B. No. 814

A BILL TO BE ENTITLED
AN ACT
relating to the deposit and use of certain revenue received by the
Texas Department of Transportation and metropolitan planning
organizations from certain transportation projects or systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 228.005, Transportation Code, is amended
to read as follows:
Sec. 228.005. REVENUE OF TOLL PROJECT OR SYSTEM. Except as
provided by Subchapter C, toll revenue or other revenue derived
from a toll project or system that is collected or received by the
department under this chapter, and a payment received by the
department under a comprehensive development agreement for a toll
project or system:
(1) shall be deposited in the state highway fund,
except as provided by Section 228.0065; and
(2) is exempt from the application of Section 403.095,
Government Code.
SECTION 2. Section 228.006, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The commission shall authorize the use of surplus
revenue of a toll project or system to pay the costs of a
transportation project, highway project, or air quality project in
the region [within a department district] in which [any part of] the
toll project or system is located.
(a-1) The department shall allocate surplus toll revenue of
a toll project or system to department districts in the region in
which the toll project or system is located based on the percentage
of toll revenue generated from users of the project or system in
each department district. To assist the department in determining
the allocation of surplus toll revenue under this subsection, each
entity responsible for collecting tolls for a project or system
shall calculate on an annual basis the percentage of toll revenue
generated from users of the project or system in each department
district, based on the number of recorded electronic toll
collections.
SECTION 3. Subchapter A, Chapter 228, Transportation Code,
is amended by adding Section 228.0065 to read as follows:
Sec. 228.0065. CONTRACT PAYMENTS AND SURPLUS REVENUE IN
CERTAIN REGIONS. (a) Notwithstanding Sections 228.0055(a) and (b)
and 228.006(a) and (a-1), comprehensive development agreement
revenue and surplus revenue under those sections from a toll
project located in a region served by a metropolitan planning
organization that serves two adjacent counties each with a
population of one million or more shall be deposited into an account
designated by the metropolitan planning organization. The
metropolitan planning organization shall use the revenue to finance
the construction, maintenance, or operation of transportation
projects and air quality projects in the region. The metropolitan
planning organization shall determine the distribution of funds
within the region in which a project is located.
(b) Comprehensive development agreement revenue and surplus
revenue described by Subsection (a) are considered local funds.
SECTION 4. Section 228.012(b), Transportation Code, is
amended to read as follows:
(b) Except for money deposited to a designated account by a
metropolitan planning organization under Section 228.0065, the
[The] department shall hold money in a subaccount in trust for the
benefit of the region in which a project or system is located and
may assign the responsibility for allocating and distributing money
in a subaccount to a metropolitan planning organization in which
the region is located for projects approved by the
department. Except as provided by Subsection (c), money shall be
allocated and distributed to projects or to the metropolitan
planning organization for projects authorized by Section 228.0055
or Section 228.006, as applicable.
SECTION 5. Not later than October 1, 2011, the Texas
Department of Transportation shall transfer to the applicable
metropolitan planning organization for deposit into a designated
account as required by Section 228.0065, Transportation Code, as
added by this Act, all money deposited in a subaccount under Section
228.012, Transportation Code, before the effective date of this Act
and held in trust for the metropolitan planning organization's
region.
SECTION 6. 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, 2011.