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Amend CSHB 1892 by adding the following SECTION to the bill,
appropriately numbered, and renumbering subsequent SECTIONS
accordingly:
SECTION ____. Subchapter A, Chapter 228, Transportation
Code, is amended by adding Section 228.012 to read as follows:
Sec. 228.012. TOLL PROJECTS WITHIN BOUNDARIES OF REGIONAL
TOLLWAY AUTHORITY. (a) This section applies only to a toll
project located within the boundaries of a regional tollway
authority under Chapter 366.
(b) The tollway authority is the entity that has primary
responsibility for the financing, construction, and operation of a
toll project located within the boundaries of the authority.
(c) To the extent authorized by federal law or authorized or
required by this title, the commission and the department shall
assist the tollway authority in the financing, construction, and
operation of a toll project located within the boundaries of the
authority by allowing the authority to use highway right-of-way
owned by the department and to access the state highway system.
(d) Subsections (b) and (c) do not limit the authority of
the commission or the department to participate in the cost of
acquiring, constructing, maintaining, or operating a turnpike
project of the tollway authority under Chapter 366.
(e) Before the commission or the department may enter into a
contract for the financing, construction, or operation of a
proposed or existing toll project any part of which is located
within the boundaries of a tollway authority, the commission or
department shall provide the authority the first option to finance,
construct, or operate, as applicable, the portion of the toll
project located within the boundaries of the authority:
(1) on terms agreeable to the authority, without the
requirement of any payment to the commission or the department; and
(2) in a manner determined by the authority to be
consistent with the practices and procedures by which the authority
finances, constructs, or operates a project.
(f) An agreement entered into by the tollway authority and
the commission or the department in connection with a project under
Chapter 366 that is financed, constructed, or operated by the
authority and that is on or directly connected to the state highway
system may not require the authority to make any payments to the
commission or the department.
(g) An agreement entered into by the tollway authority and
the commission or department in connection with a project under
Chapter 366 that is financed, constructed, or operated by the
authority and that is on or directly connected to a highway in the
state highway system does not create a joint enterprise for
liability purposes.
(h) Before a final contract execution by the department for
any comprehensive development agreement project, the commissioners
court for any county in which a majority of the project is located
must pass a supporting resolution.
(i) Once the authority or regional transportation council
has received notice from the department relating to a toll project,
the authority has 90 days to exercise the first option to finance,
construct, or operate, as applicable, the toll project.