Bill Text: TX HB2549 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to agreements between county toll road authorities and other toll project entities.
Spectrum: Partisan Bill (Republican 1-0)
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 |
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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. |