Bill Text: TX SB2248 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the development and operation of an aerial cable car or aerial tramway by a regional mobility authority created by a municipality.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-14 - Effective immediately [SB2248 Detail]
Download: Texas-2019-SB2248-Introduced.html
Bill Title: Relating to the development and operation of an aerial cable car or aerial tramway by a regional mobility authority created by a municipality.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-14 - Effective immediately [SB2248 Detail]
Download: Texas-2019-SB2248-Introduced.html
By: Rodríguez | S.B. No. 2248 | |
|
||
|
||
relating to the ability of a governmental entity to contract for the | ||
development and operation of a transportation project. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 370.003(8) and (14), Transportation | ||
Code, are amended to read as follows: | ||
(8) "Governmental entity" means a political | ||
subdivision of the state, including a municipality or a county, a | ||
political subdivision of a county, a group of adjoining counties, a | ||
district organized or operating under Section 52, Article III, or | ||
Section 59, Article XVI, Texas Constitution, the department or | ||
another agency of the state, a rail district, a transit authority, a | ||
nonprofit corporation, including a transportation corporation, | ||
that is created under Chapter 431, or any other public entity or | ||
instrumentality. | ||
(14) "Transportation project" means: | ||
(A) a turnpike project; | ||
(B) a system; | ||
(C) a passenger or freight rail facility, | ||
including: | ||
(i) tracks; | ||
(ii) a rail line; | ||
(iii) switching, signaling, or other | ||
operating equipment; | ||
(iv) a depot; | ||
(v) a locomotive; | ||
(vi) rolling stock; | ||
(vii) a maintenance facility; and | ||
(viii) other real and personal property | ||
associated with a rail operation; | ||
(D) a roadway with a functional classification | ||
greater than a local road or rural minor collector; | ||
(D-1) a bridge; | ||
(E) a ferry; | ||
(F) an airport, other than an airport that on | ||
September 1, 2005, was served by one or more air carriers engaged in | ||
scheduled interstate transportation, as those terms were defined by | ||
14 C.F.R. Section 1.1 on that date; | ||
(G) a pedestrian or bicycle facility; | ||
(H) an intermodal hub; | ||
(I) an automated conveyor belt for the movement | ||
of freight; | ||
(J) a border crossing inspection station, | ||
including: | ||
(i) a border crossing inspection station | ||
located at or near an international border crossing; and | ||
(ii) a border crossing inspection station | ||
located at or near a border crossing from another state of the | ||
United States and not more than 50 miles from an international | ||
border; | ||
(K) an air quality improvement initiative; | ||
(L) a public utility facility; | ||
(M) a transit system; | ||
(M-1) a parking area, structure, or facility, or | ||
a collection device for parking fees; | ||
(N) if applicable, projects and programs listed | ||
in the most recently approved state implementation plan for the | ||
area covered by the authority, including an early action compact; | ||
(O) improvements in a transportation | ||
reinvestment zone designated under Subchapter E, Chapter 222; and | ||
(P) port security, transportation, or facility | ||
projects eligible for funding under Section 55.002; and | ||
(Q) an aerial cable car or aerial tramway for the | ||
transportation of persons or property, or both. | ||
SECTION 2. Section 370.303, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 370.303. AGREEMENTS BETWEEN AUTHORITY AND [ |
||
GOVERNMENTAL ENTITIES. (a) A governmental entity may, consistent | ||
with the Texas Constitution, issue bonds, notes, or other | ||
obligations or enter into and make payments under agreements with | ||
an authority in connection with the financing, acquisition, | ||
construction, or operation of a transportation project by an | ||
authority, whether inside or outside the geographic boundaries of | ||
the governmental entity, including agreements to pay the principal | ||
of, and interest on, bonds, notes, or other obligations issued by | ||
the authority and make payments under any related credit | ||
agreements. The entity may impose and collect taxes to pay the | ||
interest on the bonds and to provide a sinking fund for the | ||
redemption of the bonds. | ||
(b) In addition to the powers provided by Subsection (a), a | ||
governmental entity may, to the extent constitutionally permitted, | ||
agree with an authority to: | ||
(1) issue bonds, notes, or other obligations; | ||
(2) create: | ||
(A) a taxing district; | ||
(B) a transportation reinvestment zone under | ||
Subchapter E, Chapter 222; or | ||
(C) an entity to promote economic development; | ||
(3) collect and remit to an authority taxes, fees, or | ||
assessments collected for purposes of developing transportation | ||
projects; | ||
(4) fund public improvements to promote economic | ||
development; or | ||
(5) enter into and make payments under an agreement to | ||
acquire, construct, maintain, or operate any portion of a | ||
transportation project of the authority. | ||
(b-1) An agreement under Subsections (a) or (b) may include | ||
a means for a [ |
||
provide funds for a transportation project that benefits the | ||
governmental entity to be developed by the authority. | ||
(c) To make payments under an agreement under Subsection | ||
(b), to pay the interest on bonds issued under Subsection (b), or to | ||
provide a sinking fund for the bonds or the agreement, a | ||
governmental entity may: | ||
(1) pledge revenue from any available source, | ||
including annual appropriations; | ||
(2) impose and collect taxes; or | ||
(3) pledge revenue and impose and collect taxes. | ||
(d) The term of an agreement under this section may not | ||
exceed 40 years. | ||
(e) An election required to authorize action under this | ||
subchapter must be held in conformity with Chapter 1251, Government | ||
Code, or other law applicable to the governmental entity. | ||
(f) The governing body of any governmental entity issuing | ||
bonds, notes, or other obligations or entering into agreements | ||
under this section may exercise the authority granted to the | ||
governing body of an issuer with regard to issuance of obligations | ||
under Chapter 1371, Government Code, except that the prohibition in | ||
that chapter on the repayment of an obligation with ad valorem taxes | ||
does not apply to an issuer exercising the authority granted by this | ||
section. | ||
(g) An agreement under this section may contain repayment or | ||
reimbursement obligations of an authority. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |