89R1753 JAM-D     By: Metcalf H.B. No. 5346       A BILL TO BE ENTITLED   AN ACT   relating to the cessation of tolls by toll project entities in   certain circumstances.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 372, Transportation Code, is amended by   adding Subchapter D to read as follows:   SUBCHAPTER D. CESSATION OF TOLLS          Sec. 372.151.  DEFINITION. In this subchapter, "toll   cessation date" means the date on which a project is scheduled to   become a part of the state highway system maintained by the   commission under Section 372.152.          Sec. 372.152.  CESSATION OF TOLLS AFTER BOND REQUIREMENTS   MET. (a) Except as provided by Section 372.153, a toll project   becomes a part of the state highway system and the commission shall   maintain the project without tolls when the costs of acquisition   and construction of the project have been paid and:                (1)  all of the bonds and interest on the bonds that are   payable from or secured by revenue of the project have been paid by   the issuer of the bonds or another person with the consent or   approval of the issuer; or                (2)  a sufficient amount for the payment of all bonds   and interest on the bonds to maturity has been set aside by the   issuer of the bonds or another person with the consent or approval   of the issuer in a trust fund held for the benefit of the   bondholders.          (b)  A toll project entity may not amend a financing or other   agreement in a manner that would extend the date by which a toll   project would become part of the state highway system under   Subsection (a).          Sec. 372.153.  ELECTION TO CONTINUE TOLLS AFTER TOLL   CESSATION DATE. (a)  A toll project entity may extend by five years   a toll cessation date of a toll project if the extension is approved   by a majority of the votes cast at an election held for that   purpose:                (1)  on a uniform election date before the toll   cessation date;                (2)  in:                      (A)  the territory of the toll project entity; or                      (B)  if the toll project entity is the department,   each county in which the toll project is located; and                (3)  by:                      (A)  the toll project entity; or                      (B)  if the toll project entity is the department,   each county in which the toll project is located.          (b)  After an initial election under this section at which an   extension is approved, the toll project entity may use the process   established by this subchapter to obtain voter approval for   subsequent five-year extensions of the toll cessation date for the   project.          (c)  At an election ordered under this section, the ballots   must be printed to permit voting for or against the proposition:   "The continuation of tolls for a period of five years for (toll   project)."          Sec. 372.154.  REQUEST FOR ELECTION BY DEPARTMENT. (a)  If   the department wishes to extend a toll cessation date for a toll   project the department shall, not later than nine months before the   toll cessation date, send to the commissioners court of each county   in which the toll project is located notice of:                (1)  the toll cessation date for the project; and                (2)  the department's intention to request an election   for an extension of tolling authority for the project.          (b)  Each commissioners court that receives notice under   Subsection (a) shall, as soon as practicable after receiving the   notice, propose to the department:                (1)  one or more uniform election dates occurring   before the toll cessation date that would allow the county   sufficient time to comply with applicable provisions of law for   holding the election; and                (2)  the date by which a request must be submitted by   the department in order for the county to have sufficient time to   comply with applicable provisions of law for holding the election.          (c)  If the department submits to a commissioners court a   request for an election for an extension of tolling authority for   the project that complies with Subsection (b), the commissioners   court shall hold the requested election.          Sec. 372.155.  CESSATION OF TOLLS AFTER EXTENSION OF TOLL   CESSATION DATE.  A toll project becomes part of the state highway   system and the commission shall maintain the project without tolls   if a five-year toll cessation date extension authorized by an   election under this subchapter expires and a succeeding five-year   extension has not been approved at an election under this   subchapter.          SECTION 2.  Section 373.003, Transportation Code, is amended   to read as follows:          Sec. 373.003.  PROJECT OWNED IN PERPETUITY.  Unless a toll   project is leased, sold, conveyed, or otherwise transferred to   another governmental entity in accordance with applicable law,   including Sections 228.151, 284.011, 366.036, 366.172, [and]   370.171, 372.152, and 372.155, a toll project procured by the   department or a local toll project entity determined by the process   under Subchapter B is owned by that entity in perpetuity.          SECTION 3.  Sections 284.008(c) and (d), Transportation   Code, are repealed.          SECTION 4.  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, 2025.