§ 366.302 — AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE TURNPIKE PROJECTS.

Texas § 366.302

• Jurisdiction: Texas
• Code TN: Transportation Code

Text

Sec. 366.302. AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE TURNPIKE PROJECTS. (a) An authority may enter into an agreement with a public or private entity, including a toll road corporation, the United States, a state of the United States, the United Mexican States, a state of the United Mexican States, a local governmental entity, or another political subdivision, to permit the entity, jointly with the authority, to study the feasibility of a turnpike project or system or to acquire, design, finance, construct, maintain, repair, operate, extend, or expand a turnpike project or system.
(b) An authority has broad discretion to negotiate provisions in a development agreement with a private entity. The provisions may include provisions relating to:
(1) the design, financing, construction, maintenance, and operation of a turnpike project or system in accordance with standards adopted by the authority; and
(2) professional and consulting services to be rendered under standards adopted by the authority in connection with a turnpike project or system.
(c) An authority may not incur a financial obligation on behalf of, or otherwise guarantee the obligations of, a private entity that constructs, maintains, or operates a turnpike project or system.
(d) An authority or a county in an authority is not liable for any financial or other obligation of a turnpike project solely because a private entity constructs, finances, or operates any part of a turnpike project or system.
(e) An authority may authorize the investment of public and private money, including debt and equity participation, to finance a function described by this section.
(f) If an authority enters into an agreement with a private entity that includes the collection by the private entity of tolls for the use of a turnpike project or system, the private entity shall submit to the authority for approval:
(1) the methodology for:
(A) the setting of tolls; and
(B) increasing the amount of the tolls;
(2) a plan outlining methods the entity will use to collect the tolls, including:
(A) any charge to be imposed as a penalty for late payment of a toll; and
(B) any charge to be imposed to recover the cost of collecting a delinquent toll; and
(3) any proposed change in an approved methodology for the setting of a toll or a plan for collecting the toll.
(g) An agreement with a private entity that includes the collection by the private entity of tolls for the use of a turnpike project or system may not be for a term longer than 50 years.

Legislative History

Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702 ), Sec. 2.67, eff. June 14, 2005.