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