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AN ACT
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relating to toll collection services provided by a regional tollway |
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authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 366.038, Transportation Code, is amended |
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to read as follows: |
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Sec. 366.038. TOLLING SERVICES [TOLL COLLECTION]. (a) In |
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this section, "tolling services" means the tolling services |
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normally provided through an authority's customer service center, |
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including customer service, customer account maintenance, |
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transponder supply, and toll collection and enforcement. |
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(b) An authority shall provide, for reasonable |
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compensation, tolling [customer service and other toll collection
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and enforcement] services for a toll project in the boundaries of |
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the authority, regardless of whether the toll project is developed, |
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financed, constructed, and operated under an agreement, including a |
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comprehensive development agreement, with the authority or another |
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entity. This section does not restrict an authority from agreeing |
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to provide additional tolling services in an agreement described in |
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Subsection (d). Additional tolling services provided under an |
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agreement under that subsection are subject to the provisions that |
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apply to tolling services under this section. |
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(c) An authority may not provide financial security, |
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including a cash collateral account, for the performance of tolling |
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services the authority provides under this section if: |
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(1) the authority determines that providing security |
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could restrict the amount, or increase the cost, of bonds or other |
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debt obligations the authority may subsequently issue under this |
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chapter; or |
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(2) the authority is not reimbursed its cost of |
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providing the security. |
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(d) Before providing tolling services for a toll project |
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under this section, an authority must enter into a written |
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agreement that sets out the terms and conditions for the tolling |
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services to be provided and the terms of compensation for those |
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services. |
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(e) Toll revenues are the property of the entity that is |
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entitled to the revenues under a tolling services agreement for the |
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toll project, regardless of who holds or collects the revenues. |
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Toll revenues that are held or collected by an authority under a |
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tolling services agreement and are not the property of the |
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authority are not subject to a claim adverse to the authority or a |
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lien on or encumbrance against property of the authority. Toll |
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revenues that are the property of the authority are not subject to a |
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claim adverse to any other entity or a lien on or encumbrance |
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against property of any other entity. |
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(f) An authority may agree in a tolling services agreement |
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that its right and obligation to provide tolling services for the |
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applicable toll project under this section are subject to |
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termination for default and that after a termination for default |
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this section does not apply to that toll project. |
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(g) Any public or private entity, including an authority or |
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the department, may agree to fund a cash collateral account for the |
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purpose of providing money that may be withdrawn as provided in the |
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tolling services agreement because of an authority's failure to |
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make any payment as required by the tolling services agreement. An |
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authority's written commitment to fully or partially fund a cash |
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collateral account is conclusive evidence of the authority's |
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determination that the commitment does not violate Subsection (c). |
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The department may use money from any available source to fund a |
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cash collateral account under this subsection. |
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SECTION 2. Subsection (c), Section 366.038, Transportation |
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Code, as added by this Act, does not apply to any project, or |
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portion of any project, described in a tolling services agreement a |
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regional tollway authority enters into with the Texas Department of |
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Transportation or a private participant in a comprehensive |
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development agreement before the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 246 passed the Senate on |
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March 30, 2011, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 246 passed the House on |
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May 20, 2011, by the following vote: Yeas 149, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |