Tex.
Transp. Code Section 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.
Source:
Section 366.302 — Agreements to Construct, Maintain, and Operate Turnpike Projects, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.366.htm#366.302 (accessed Jun. 5, 2024).
