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A BILL TO BE ENTITLED
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AN ACT
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relating to the development, construction, and operation of 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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ARTICLE 1. COMPREHENSIVE DEVELOPMENT AGREEMENTS FOR CERTAIN TOLL |
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PROJECTS |
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SECTION 1.01. Subchapter E, Chapter 223, Transportation |
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Code, is amended by adding Sections 223.2014 and 223.2015 to read as |
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follows: |
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Sec. 223.2014. COMPREHENSIVE DEVELOPMENT AGREEMENTS WITH |
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PRIVATE ENTITY FOR TOLL PROJECT. (a) The department may enter into |
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a comprehensive development agreement with a private entity for a |
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project described by Section 223.201(a)(1) or (2) if: |
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(1) the estimated capital costs for construction of |
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the project exceed $1 billion; |
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(2) the department demonstrates that state funding for |
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the project is not available without significant reprioritization |
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of existing funds that are designated for other highway improvement |
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projects; and |
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(3) the construction of the project does not require |
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the use of money in the state highway fund. |
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(b) The department may enter into not more than two |
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comprehensive development agreements under this section during |
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each fiscal year. |
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Sec. 223.2015. VOTER APPROVAL OF CERTAIN PROJECTS REQUIRED; |
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ELECTION. (a) This section applies only to a project that is the |
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subject of a comprehensive development agreement under Section |
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223.2014. |
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(b) Notwithstanding any other law, the department or a |
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private entity may not construct or operate a project described by |
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Subsection (a) unless the project is approved by a majority of |
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voters voting: |
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(1) in all counties in which a portion of the project |
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is to be located at an election held for that purpose, subject to |
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Subdivision (2); or |
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(2) in each county in which a portion of the project is |
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to be located at an election held for that purpose, if the project |
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is to be located in: |
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(A) at least one county that has a population of |
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500,000 or more; and |
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(B) at least one county that has a population of |
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not more than 50,000. |
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(c) On request of the department, the commissioners court of |
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each county in which a portion of a project described by Subsection |
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(a) is to be located shall order an election under this section, |
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provided that the election may not be ordered until the scope of the |
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project has been finalized, including: |
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(1) the route of the project; |
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(2) the number of lanes of the project or, if the |
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project is an improvement, extension, or expansion of an existing |
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highway, the number of new or modified lanes; |
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(3) the number of tolled lanes added by the project; |
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and |
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(4) the method of financing for the project. |
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(d) An election under this section must be held on the first |
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November uniform election date that allows sufficient time to |
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comply with other requirements of law. |
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(e) The ballot at an election held under this section must |
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state specific information about the project, including: |
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(1) the information described by Subsections |
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(c)(1)-(4); and |
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(2) for each tolled lane added by the project, whether |
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the toll charged will be at a variable or static toll rate. |
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(f) The department shall contract with each county in which |
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a portion of the project is to be located in a manner prescribed by |
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Subchapter D, Chapter 31, Election Code. |
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(g) At an election under this section, the ballot must be |
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printed to provide for voting for or against the approval of the |
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project. |
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(h) An election under this section may not be held earlier |
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than the fifth anniversary of the date of a previous election to |
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approve the same or a substantially similar project, provided that |
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an election under this section may be held for a different project |
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regardless of whether the project involves the same private entity |
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or some or all of the counties involved in a previous election held |
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under this section. |
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ARTICLE 2. REPEALERS |
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SECTION 2.01. The following provisions of the |
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Transportation Code are repealed: |
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(1) Section 223.2011; |
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(2) Sections 228.001(3-a), 228.054, 228.0545, |
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228.0546, 228.0547, 228.055, and 228.056; |
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(3) Sections 284.070, 284.0701, 284.0702, 284.202, |
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284.203, 284.2031(b), 284.2032, 284.204, 284.205, 284.206, |
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284.207, 284.208, 284.209, 284.210, 284.211, and 284.212; |
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(4) Section 366.178; |
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(5) Section 370.177; |
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(6) Sections 372.105(c), (d), (e), and (f); |
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(7) Sections 372.106, 372.107, 372.108, 372.109, |
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372.110, 372.111, 372.112, 372.113, 372.114, and 372.115; and |
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(8) Section 502.011. |
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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.01. This Act takes effect September 1, 2021. |