85R1080 JAM-D
 
  By: Pickett H.B. No. 303
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to repayment of money contributed by the Texas Department
  of Transportation or the Texas Transportation Commission for toll
  projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 222.103(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may participate, by spending money from
  any available source, in the cost of the acquisition, construction,
  maintenance, or operation of a toll facility of a public or private
  entity on terms and conditions established by the commission. The
  commission[:
               [(1)     may require the repayment of any money spent by
  the department for the cost of a toll facility of a public entity;
  and
               [(2)]  shall require the repayment of any money spent
  [by the department for the cost of a toll facility of a private
  entity].
         SECTION 2.  Section 366.301(c), Transportation Code, is
  amended to read as follows:
         (c)  An obligation or expense incurred by the commission or
  department under this section is a part of the cost of the turnpike
  project for which the obligation or expense was incurred. The
  commission or department shall [may] require money contributed by
  the commission or department under this section to be repaid. The
  commission or department may require the money to be repaid from
  tolls or other revenue of the turnpike project or system on which
  the money was spent. Money repaid as required by the commission or
  department shall be deposited to the credit of the fund from which
  the contribution was made. Money deposited as required by this
  section is exempt from the application of Section 403.095,
  Government Code.
         SECTION 3.  Section 370.033(m), Transportation Code, is
  amended to read as follows:
         (m)  If an authority receives money from the general revenue
  fund, the Texas Mobility Fund, or the state highway fund, it:
               (1)  may use the money only to acquire, design,
  finance, construct, operate, or maintain a turnpike project under
  Section 370.003(14)(A) or (D) or a transit system under Section
  370.351; and 
               (2)  must repay the money.
         SECTION 4.  Sections 370.301(c) and (f), Transportation
  Code, are amended to read as follows:
         (c)  An obligation or expense incurred by the commission or
  department under this section is a part of the cost of the turnpike
  project for which the obligation or expense was incurred. The
  commission or department shall [may] require money contributed by
  the commission or department under this section to be repaid. The
  commission or department may require the money to be repaid from
  tolls or other revenue of the turnpike project on which the money
  was spent. Money repaid as required by the commission or department
  shall be deposited to the credit of the fund from which the
  contribution was made. Money deposited as required by this section
  is exempt from the application of Section 403.095, Government Code.
         (f)  The commission may [grant or] loan department money to
  an authority for the acquisition of land for or the construction,
  maintenance, or operation of a turnpike project. The commission
  shall [may] require the authority to repay money loaned [provided]
  under this section. The commission may require the money to be
  repaid from toll revenue or other sources on terms established by
  the commission.
         SECTION 5.  Subchapter A, Chapter 372, Transportation Code,
  is amended by adding Section 372.002 to read as follows:
         Sec. 372.002.  REPAYMENT OF MONEY CONTRIBUTED BY DEPARTMENT.
  A toll project entity shall repay to the department any money
  contributed by the department as participation in the cost of the
  entity's toll projects, including money from the state highway
  fund, the Texas Mobility Fund, or other sources available to the
  department.
         SECTION 6.  The changes in law made by this Act apply only to
  a loan, grant, or other contribution made by the Texas Department of
  Transportation or the Texas Transportation Commission on or after
  the effective date of this Act. A loan, grant, or other
  contribution made before the effective date of this Act is governed
  by the law in effect on the date the loan, grant, or other
  contribution is made, and the former law is continued in effect for
  that purpose.
         SECTION 7.  This Act takes effect September 1, 2017.