Thread: TX: Toll Road Moratorium???

Senator Files Bill to Stop Comprehensive Development Agreements for 2-Years and 25 Senators Sign on in Support
Passing this bill would be a HUGE victory for Texans and Texas.

Two bills were filed late Tuesday - Senate Bill 1267 and House Bill 2772 - these identical bills would place a two-year moratorium on Comprehensive Development Agreements (CDA).

Senate Transportation and Homeland Security Committee member and former Transportation Commissioner Robert Nichols filed this bill only five days after more than 100 testified before his committee to raise concern about the TTC, public-private partnerships, and toll roads. As of Tuesday evening written testimony received by the committee totaled 1,683 and were still coming in.

Representative Lois Kolkhorst, a longtime supporter of our efforts, filed the companion bill in the House.

Kolkhorst need the help of CorridorWatch.org members to gain strong support for the bill in the House.

Call your Senator and especially your Representative TODAY.

With your help SB-1267 can become law.


A BILL TO BE ENTITLED

AN ACT

relating to a moratorium on the nclusion of certain provisions in a comprehensive development agreement or the sale of a toll project and to the creation and duties of a study committee.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:



SECTION 1. Subchapter E, Chapter 223, Transportation Code, is amended by adding Section 223.210 to read as follows:



Sec. 223.210. MORATORIUM ON CERTAIN TERMS IN COMPREHENSIVE DEVELOPMENT AGREEMENTS OR SALE OF TOLL PROJECTS. (a) In this section:



(1) "Toll project" means a toll project described by Section 201.001(b), regardless of whether the toll project:



(A) is a part of the state highway system; or



(B) is subject to the jurisdiction of the department.



(2) "Toll project entity" means a public entity authorized by law to acquire, design, construct, finance, operate, or maintain a toll project, including:



(A) the department;



(B) a regional tollway authority;



(C) a regional mobility authority; or



(D) a county.



(b) A comprehensive development agreement entered into with a private participant by a toll project entity on or after the effective date of this subsection for the acquisition, design, construction, financing, operation, or maintenance of a toll project may not contain a provision permitting the private participant to operate and collect revenue from the toll project.



(c) On or after the effective date of this subsection, a toll project entity may not sell or enter into a contract to sell a toll project of the entity to a private entity.



(d) A legislative study committee is created. The committee is composed of nine members, appointed as follows:



(1) three members appointed by the lieutenant governor;



(2) three members appointed by the speaker of the house of representatives; and



(3) three members appointed by the governor.



(e) The legislative study committee shall select a presiding officer from among its members and conduct public hearings and study the public policy implications of including in a comprehensive development agreement entered into by a toll project entity with a private participant in connection with a toll project a provision that permits the private participant to operate and collect revenue from the toll project. In addition, the committee shall examine the public policy implications of selling an existing and operating toll project to a private entity.



(f) Not later than December 1, 2008, the legislative study committee shall:



(1) prepare a written report summarizing:



(A) any hearings conducted by the committee;



(B) any legislation proposed by the committee;



(C) the committee's recommendations for safeguards and protections of the public's interest when a contract for the sale of a toll project to a private entity is entered into;



and



(D) any other findings or recommendations of the committee; and



(2) deliver a copy of the report to the governor, the lieutenant governor, and the speaker of the house of representatives.



(g) On December 31, 2008, the legislative study committee created under this section is abolished.



(h) This section expires September 1, 2009.

SECTION 2. 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, 2007.



Senate Bill 1267

This bill authored by Senator Robert Nichols would place a two-year moratorium on Comprehensive Development Agreements for toll roads.

These additional Senators have already signed on as co-authors:

Averitt
Carona
Ellis
Eltife
Estes
Fraser
Hegar
Hinojosa
Jackson, Mike
Janek
Lucio
Nelson
Ogden
Patrick, Dan
Seliger
Shapiro
Uresti
Van de Putte
Watson
Wentworth
West, Royce
Whitmire
Williams
Zaffirini

House Bill 2772

This bill authored by Representative Lois Kolkhorst (identical bill) would place a two-year moratorium on Comprehensive Development Agreements for toll roads.

These additional Representatives have already signed on as co-authors:

Crownover
Gattis
Guillen
Harper-Brown
Hopson
McReynolds
Otto
Riddle
Zerwas

Texas is finally seeing the light.

"Don't Mess With Texas"