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 - Dead) 2021-03-29 - Referred to Transportation [HB3968 Detail]
Download: Texas-2021-HB3968-Introduced.html
87R14834 TYPED | ||
By: Thompson of Brazoria | H.B. No. 3968 |
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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. |