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A BILL TO BE ENTITLED
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AN ACT
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relating to repayment of money contributed by the Texas Department |
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of Transportation or the Texas Transportation Commission for toll |
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projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 222.103(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department may participate, by spending money from |
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any available source, in the cost of the acquisition, construction, |
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maintenance, or operation of a toll facility of a public or private |
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entity on terms and conditions established by the commission. The |
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commission[:
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[(1)
may require the repayment of any money spent by
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the department for the cost of a toll facility of a public entity;
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and
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[(2)] shall require the repayment of any money spent |
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[by the department for the cost of a toll facility of a private
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entity]. |
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SECTION 2. Section 366.301(c), Transportation Code, is |
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amended to read as follows: |
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(c) An obligation or expense incurred by the commission or |
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department under this section is a part of the cost of the turnpike |
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project for which the obligation or expense was incurred. The |
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commission or department shall [may] require money contributed by |
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the commission or department under this section to be repaid. The |
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commission or department may require the money to be repaid from |
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tolls or other revenue of the turnpike project or system on which |
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the money was spent. Money repaid as required by the commission or |
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department shall be deposited to the credit of the fund from which |
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the contribution was made. Money deposited as required by this |
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section is exempt from the application of Section 403.095, |
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Government Code. |
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SECTION 3. Section 370.033(m), Transportation Code, is |
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amended to read as follows: |
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(m) If an authority receives money from the general revenue |
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fund, the Texas Mobility Fund, or the state highway fund, it: |
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(1) may use the money only to acquire, design, |
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finance, construct, operate, or maintain a turnpike project under |
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Section 370.003(14)(A) or (D) or a transit system under Section |
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370.351; and |
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(2) must repay the money. |
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SECTION 4. Sections 370.301(c) and (f), Transportation |
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Code, are amended to read as follows: |
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(c) An obligation or expense incurred by the commission or |
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department under this section is a part of the cost of the turnpike |
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project for which the obligation or expense was incurred. The |
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commission or department shall [may] require money contributed by |
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the commission or department under this section to be repaid. The |
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commission or department may require the money to be repaid from |
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tolls or other revenue of the turnpike project on which the money |
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was spent. Money repaid as required by the commission or department |
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shall be deposited to the credit of the fund from which the |
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contribution was made. Money deposited as required by this section |
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is exempt from the application of Section 403.095, Government Code. |
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(f) The commission may [grant or] loan department money to |
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an authority for the acquisition of land for or the construction, |
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maintenance, or operation of a turnpike project. The commission |
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shall [may] require the authority to repay money loaned [provided] |
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under this section. The commission may require the money to be |
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repaid from toll revenue or other sources on terms established by |
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the commission. |
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SECTION 5. Subchapter A, Chapter 372, Transportation Code, |
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is amended by adding Section 372.002 to read as follows: |
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Sec. 372.002. REPAYMENT OF MONEY CONTRIBUTED BY DEPARTMENT. |
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A toll project entity shall repay to the department any money |
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contributed by the department as participation in the cost of the |
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entity's toll projects, including money from the state highway |
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fund, the Texas Mobility Fund, or other sources available to the |
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department. |
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SECTION 6. The changes in law made by this Act apply only to |
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a loan, grant, or other contribution made by the Texas Department of |
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Transportation or the Texas Transportation Commission on or after |
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the effective date of this Act. A loan, grant, or other |
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contribution made before the effective date of this Act is governed |
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by the law in effect on the date the loan, grant, or other |
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contribution is made, and the former law is continued in effect for |
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that purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |