This section lets the department and certain local transportation entities make pass-through toll agreements, use funds for those payments with one bond-funded exception, and requires agreements to spell out roles, timelines, and design standards unless an exception is granted.
Sec. 222.104. PASS-THROUGH TOLLS. (a) In this section, "pass-through toll" means a per vehicle fee or a per vehicle mile fee that is determined by the number of vehicles using a highway. (b) The department may enter into an agreement with a public or private entity that provides for the payment of pass-through tolls to the public or private entity as reimbursement for the design, development, financing, construction, maintenance, or operation of a toll or nontoll facility on the state highway system by the public or private entity. (c) The department may enter into an agreement with a private entity that provides for the payment of pass-through tolls to the department as reimbursement for the department's design, development, financing, construction, maintenance, or operation of a toll or nontoll facility on the state highway system that is financed by the department. (d) The department and a regional mobility authority, a regional tollway authority, or a county acting under Chapter 284 may enter into an agreement that provides for: (1) the payment of pass-through tolls to the authority or county as compensation for the payment of all or a portion of the costs of maintaining a state highway or a portion of a state highway transferred to the authority or county after being converted to a toll facility that the department estimates it would have incurred if the highway had not been converted; or (2) the payment by the authority or county of pass-through tolls to the department as reimbursement for all or a portion of the costs incurred by the department to design, develop, finance, construct, and maintain a state highway or a portion of a state highway transferred to the authority or county after being converted to a toll facility. (d-1) Expired. (e) The department may use any available funds for the purpose of making a pass-through toll payment under this section except funds derived from the issuance of bonds under Section 201.943. Text of Subsec. (f) as added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.18 (f) A regional mobility authority, a regional tollway authority, or a county acting under Chapter 284 is authorized to secure and pay its obligations under an agreement under this section from any lawfully available funds. (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 15.002, eff. September 1, 2007. Text of Subsec. (g) as added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.18 (g) The commission may adopt rules necessary to implement this section. Rules adopted under this subsection may include criteria for: (1) determining the amount of pass-through tolls to be paid under this section; and (2) allocating the risk that traffic volume will be higher or lower than the parties to an agreement under this section anticipated in entering the agreement. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 15.002, eff. September 1, 2007. Text of Subsec. (h) as added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.18 (h) Money repaid to the department under this section shall be deposited to the credit of the fund from which the money was originally provided and is exempt from the application of Section 403.095, Government Code. Text of Subsec. (h) as added by Acts 2005, 79th Leg., Ch. 994 (H.B. 2139), Sec. 1 (h) An agreement under this section should prescribe the roles and responsibilities of the parties and establish time frames for any department reviews or approvals in a manner that will, to the maximum extent possible, expedite the development of the project. (i) To the maximum extent permitted by law, the department may delegate the full responsibility for design, bidding, and construction, including oversight and inspection, to a municipality, county, regional mobility authority, or regional tollway authority with which the department enters into an agreement under this section. (j) An agreement under this section must provide that the municipality, county, regional mobility authority, or regional tollway authority is required to meet state design criteria, construction specifications, and contract administration procedures unless the department grants an exception. (k) An agreement under this section must prescribe the roles and responsibilities of the parties and establish time frames for any department reviews or approvals in a manner that will, to the maximum extent possible, expedite the development of the project. Added by Acts 2003, 78th Leg., ch. 1325, Sec. 6.01, eff. June 21, 2003. Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.18, eff. June 14, 2005. Acts 2005, 79th Leg., Ch. 994 (H.B. 2139), Sec. 1, eff. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 15.002, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1320 (S.B. 1266), Sec. 1, eff. September 1, 2007.