HBA-MSH H.B. 1045 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1045
By: Alexander
Transportation
2/12/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the Texas Department of Transportation (TxDOT) is
authorized to expend money, from any source available, for the cost of
turnpikes, toll roads, or toll bridges of the Texas Turnpike Authority
provided that money expended out of the state highway fund is repaid from
tolls or other turnpike revenue. TxDOT and the Texas Transportation
Commission are also authorized to participate in the cost, construction,
maintenance, and operation of toll facilities of various entities provided
that funds expended are repaid.  TxDOT is precluded from advancing funds
for turnpike project development without an obligation of repayment.
Entities that construct toll facilities seek federal and state highway
funds to leverage their own funds and complete financing for high-cost
facilities, but repayment obligations may make construction infeasible.
House Bill 1045 removes the requirement for repayment from public entities
and authorizes TxDOT to expend funds for the cost of toll projects of the
public and private entities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Transportation Commission in
SECTION 1 (Section 222.103, Transportation Code) of this bill. 

ANALYSIS

House Bill 1045 amends the Transportation Code to authorize the Texas
Department of Transportation (TxDOT) to participate in the cost of the
acquisition of a toll facility of a public or private entity by spending
money from any available source, on terms established by the Texas
Transportation Commission (commission).  The bill sets forth provisions
relating to repayment of any money spent by TxDOT for a toll facility of a
public or private entity.  The bill requires the commission to adopt rules
for the spending and repayment of money for such toll facilities.  The bill
specifies that a bond or other debt obligation to finance a toll facility
is an obligation of the issuing entity and not of the state. 

The bill authorizes TxDOT to expend money for the cost of the acquisition,
construction, maintenance, or operation of a turnpike project by the Texas
Turnpike Authority (authority).  The bill authorizes  TxDOT to require the
authority to repay the money from toll revenue or other sources. 

If TxDOT spends money for a joint venture agreement with the authority, the
bill authorizes the commission to require the authority to repay the money
from toll revenue or other sources.  If the commission finds that the
mobility of the traveling public will be enhanced, the bill authorizes the
commission to enter into an agreement with the authority for the
contribution of money to the authority for any purpose of the Texas
Turnpike Authority Project Revolving Fund.  The bill authorizes the
commission to require the repayment of money contributed to the authority
from toll revenue or other sources. 

The bill authorizes TxDOT or the commission to require the repayment of
money contributed to a regional tollway authority from toll revenue and
other sources. 

The bill requires that money repaid as required by TxDOT or the commission
under these provisions be credited to the fund from which the contribution
was made. 
 
EFFECTIVE DATE

The date on which the constitutional amendment relating to authorizing aid
for turnpikes, toll roads, and toll bridges takes effect.