Bill Text: TX HB3968 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the development, construction, and operation of toll projects.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-03-29 - Referred to Transportation [HB3968 Detail]

Download: Texas-2021-HB3968-Introduced.html
  87R14834 TYPED
 
  By: Thompson of Brazoria H.B. No. 3968
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the development, construction, and operation of toll
  projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. COMPREHENSIVE DEVELOPMENT AGREEMENTS FOR CERTAIN TOLL
  PROJECTS
         SECTION 1.01.  Subchapter E, Chapter 223, Transportation
  Code, is amended by adding Sections 223.2014 and 223.2015 to read as
  follows:
         Sec. 223.2014.  COMPREHENSIVE DEVELOPMENT AGREEMENTS WITH
  PRIVATE ENTITY FOR TOLL PROJECT. (a) The department may enter into
  a comprehensive development agreement with a private entity for a
  project described by Section 223.201(a)(1) or (2) if:
               (1)  the estimated capital costs for construction of
  the project exceed $1 billion;
               (2)  the department demonstrates that state funding for
  the project is not available without significant reprioritization
  of existing funds that are designated for other highway improvement
  projects; and
               (3)  the construction of the project does not require
  the use of money in the state highway fund.
         (b)  The department may enter into not more than two
  comprehensive development agreements under this section during
  each fiscal year.
         Sec. 223.2015.  VOTER APPROVAL OF CERTAIN PROJECTS REQUIRED;
  ELECTION. (a) This section applies only to a project that is the
  subject of a comprehensive development agreement under Section
  223.2014.
         (b)  Notwithstanding any other law, the department or a
  private entity may not construct or operate a project described by
  Subsection (a) unless the project is approved by a majority of
  voters voting:
               (1)  in all counties in which a portion of the project
  is to be located at an election held for that purpose, subject to
  Subdivision (2); or
               (2)  in each county in which a portion of the project is
  to be located at an election held for that purpose, if the project
  is to be located in:
                     (A)  at least one county that has a population of
  500,000 or more; and
                     (B)  at least one county that has a population of
  not more than 50,000.
         (c)  On request of the department, the commissioners court of
  each county in which a portion of a project described by Subsection
  (a) is to be located shall order an election under this section,
  provided that the election may not be ordered until the scope of the
  project has been finalized, including:
               (1)  the route of the project;
               (2)  the number of lanes of the project or, if the
  project is an improvement, extension, or expansion of an existing
  highway, the number of new or modified lanes;
               (3)  the number of tolled lanes added by the project;
  and
               (4)  the method of financing for the project.
         (d)  An election under this section must be held on the first
  November uniform election date that allows sufficient time to
  comply with other requirements of law.
         (e)  The ballot at an election held under this section must
  state specific information about the project, including:
               (1)  the information described by Subsections
  (c)(1)-(4); and
               (2)  for each tolled lane added by the project, whether
  the toll charged will be at a variable or static toll rate.
         (f)  The department shall contract with each county in which
  a portion of the project is to be located in a manner prescribed by
  Subchapter D, Chapter 31, Election Code.
         (g)  At an election under this section, the ballot must be
  printed to provide for voting for or against the approval of the
  project.
         (h)  An election under this section may not be held earlier
  than the fifth anniversary of the date of a previous election to
  approve the same or a substantially similar project, provided that
  an election under this section may be held for a different project
  regardless of whether the project involves the same private entity
  or some or all of the counties involved in a previous election held
  under this section.
  ARTICLE 2. REPEALERS
         SECTION 2.01.  The following provisions of the
  Transportation Code are repealed:
               (1)  Section 223.2011;
               (2)  Sections 228.001(3-a), 228.054, 228.0545,
  228.0546, 228.0547, 228.055, and 228.056;
               (3)  Sections 284.070, 284.0701, 284.0702, 284.202,
  284.203, 284.2031(b), 284.2032, 284.204, 284.205, 284.206,
  284.207, 284.208, 284.209, 284.210, 284.211, and 284.212;
               (4)  Section 366.178;
               (5)  Section 370.177;
               (6)  Sections 372.105(c), (d), (e), and (f);
               (7)  Sections 372.106, 372.107, 372.108, 372.109,
  372.110, 372.111, 372.112, 372.113, 372.114, and 372.115; and
               (8)  Section 502.011.
  ARTICLE 3. EFFECTIVE DATE
         SECTION 3.01.  This Act takes effect September 1, 2021.
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