Bill Text: TX HB2549 | 2019-2020 | 86th Legislature | Comm Sub

Texas House Bill 2549 (Prior Session Legislation)

Bill Title: Relating to agreements between county toll road authorities and other toll project entities.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-04-30 - Committee report sent to Calendars [HB2549 Detail]

Download: Texas-2019-HB2549-Comm_Sub.html

	86R30021 JXC-F

	By: Oliverson	H.B. No. 2549

	Substitute the following for H.B. No. 2549:

	By: Bernal	C.S.H.B. No. 2549



	A BILL TO BE ENTITLED
	AN ACT
	relating to agreements between county toll road authorities and
	other toll project entities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 228.002, Transportation Code, is amended
	by adding Subsection (c) to read as follows:
	(c) An agreement entered into under this section with a
	county operating under Chapter 284 may provide that a function
	described by Subsection (a) that is performed by the county is
	governed by the provisions of Chapter 284 applicable to the
	performance of the same function for a project under that chapter
	and the rules and procedures adopted by the county under that
	chapter, in lieu of the laws, rules, or procedures applicable to the
	department for the performance of the same function.
	SECTION 2. Chapter 284, Transportation Code, is amended by
	adding Subchapter E to read as follows:
	SUBCHAPTER E. TOLLING SERVICES
	Sec. 284.251. APPLICABILITY. This subchapter applies only
	to a county with a population of more than 3.3 million.
	Sec. 284.252. DEFINITION. In this subchapter, "tolling
	services" means the tolling services normally provided through a
	county's back office system and customer service center, including
	customer service, customer account maintenance, transaction
	processing, transponder supply, and toll collection and
	enforcement.
	Sec. 284.253. TOLLING SERVICES. (a) A county may provide,
	for reasonable compensation, tolling services for a toll project in
	the county or an adjacent county managed by the department or
	another entity, regardless of whether the toll project is
	developed, financed, constructed, and operated under an agreement,
	including a comprehensive development agreement, with the county or
	another entity.
	(b) A county may agree to provide additional tolling
	services in an agreement described in Section 284.255. Additional
	tolling services provided under an agreement under Section 284.255
	are subject to the provisions that apply to tolling services under
	this section.
	Sec. 284.254. FINANCIAL SECURITY. A county may not provide
	financial security, including a cash collateral account, for the
	performance of tolling services the county provides under this
	subchapter if:
	(1) the county determines that providing security
	could restrict the amount, or increase the cost, of bonds or other
	debt obligations the county may subsequently issue under this
	chapter or other law; or
	(2) the county is not reimbursed its cost of providing
	the security.
	Sec. 284.255. WRITTEN AGREEMENT REQUIRED. Before providing
	tolling services for a toll project under this subchapter, a county
	must enter into a written agreement that sets out the terms and
	conditions for the tolling services to be provided and the terms of
	compensation for those services.
	Sec. 284.256. TOLL REVENUES. (a) Toll revenues are the
	property of the entity that is entitled to the revenues under a
	tolling services agreement for the toll project, regardless of who
	holds or collects the revenues.
	(b) Toll revenues that are held or collected by a county
	under a tolling services agreement and are not the property of the
	county are not subject to a claim adverse to the county or a lien on
	or encumbrance against property of the county. Toll revenues that
	are the property of the county are not subject to a claim adverse to
	any other entity or a lien on or encumbrance against property of any
	other entity.
	Sec. 284.257. TERMINATION FOR DEFAULT. A county may agree
	in a tolling services agreement that its right and obligation to
	provide tolling services for the applicable toll project under this
	subchapter are subject to termination for default and that after a
	termination for default this section does not apply to that toll
	project.
	Sec. 284.258. CASH COLLATERAL ACCOUNT. (a) Any public or
	private entity, including a county or the department, may agree to
	fund a cash collateral account for the purpose of providing money
	that may be withdrawn as provided in the tolling services agreement
	because of a county's failure to make any payment as required by the
	tolling services agreement.
	(b) A county's written commitment to fully or partially fund
	a cash collateral account is conclusive evidence of the county's
	determination that the commitment does not violate Section 284.254.
	(c) The department may use money from any available source
	to fund a cash collateral account under this section.
	Sec. 284.259. PROJECT OF COUNTY. (a) For purposes of toll
	collection and enforcement, a toll project for which a county
	provides tolling services under a tolling services agreement is
	considered a project of the county, including with respect to all
	rights and remedies arising under this chapter regarding the
	project.
	(b) Notwithstanding Subsection (a), the county may not
	stop, detain, or impound a motor vehicle on the project's active
	traffic lanes unless a tolling services agreement addresses that
	action.
	SECTION 3. Subchapter B, Chapter 372, Transportation Code,
	is amended by adding Section 372.054 to read as follows:
	Sec. 372.054. TOLLING SERVICES IN CERTAIN COUNTIES. (a) In
	this section, "tolling services" has the meaning assigned by
	Section 284.252.
	(b) A toll project entity may not operate a toll project in a
	county with a population of more than 3.3 million unless the toll
	project entity enters into an agreement under Subchapter E, Chapter
	284, for the provision of tolling services for the project.
	SECTION 4. This Act takes effect September 1, 2019.