Regional Toll Road Issues

Toll roads stretch limited state dollars, and in so doing, build the infrastructure needed to accommodate the expected growth in population and use of our highways. There are opportunities to coordinate state and regional efforts to improve mobility in Texas by explicitly authorizing certain transactions among the Texas Department of Transportation, other toll road entities and their private sector partners. Generating efficiencies in the state’s method of planning and building toll roads is an important tactic in meeting TxDOT’s goals of reducing congestion, improving safety, expanding economic opportunity, improving air quality, and increasing the value of our transportation assets. Regional Tollway Authorities

There is no legal mechanism by which a county can withdraw from a Regional Tollway Authority (RTA).

There has been some discussion among regional toll authorities about the idea of selling their assets. Should these entities decide to move forward on such a sale, the state may want to compete for these assets.

State law does not explicitly authorize TxDOT to lease or license state highway right of way to an RMA so that the RMA can construct a toll project on that property. Additionally, state law does not currently authorize TxDOT to lease an existing state toll project to a private entity so that entity can operate the project and retain all or a portion of the toll revenue in exchange for lease payments to TxDOT.

Amend state law to authorize a county to withdraw its membership in an RTA.

Amend state law to: (1) explicitly authorize TxDOT to acquire county toll projects and regional tollway authority projects and vice versa; (2) provide additional funding options for doing so, if necessary; and (3) authorize counties to convey their toll projects to TxDOT if they so choose.

Authorize TxDOT to: (1) lease or license state highway right of way to an RMA so that the RMA could construct a toll project on that property; and (2) lease an existing TxDOT toll project to a private entity so that entity could operate the project and retain all or a portion of the toll revenue in exchange for lease payments to TxDOT.

In the past, there have been some discussions of a county withdrawing from NTTA. If this is the course local leaders decide to pursue, they would have the option to form an RMA. The mobility challenges that face Texas require a multimodal approach that integrates a variety of strategies to improve transportation, including: new highway infrastructure, expanded capacity on existing highways, passenger and freight rail services, intermodal freight hubs, and transit. These strategies will be most effectively deployed when they are coordinated by one body that is focused on the entire area it serves.

There has been discussion about the North Texas Tollway Authority and the Harris County Toll Road Authority selling or leasing their toll projects. While these entities have not signaled any impending action on this matter, if they decide to pursue such transactions in the future, the state may want to compete for these projects.

For many years, TxDOT has had the authority to lease its real property; however, it must first determine that the property is no longer needed for highway purposes. This determination prevented TxDOT from leasing highway right of way for the purpose of another entity operating a highway facility.

The Central Texas Regional Mobility Authority is interested in leasing or licensing from TxDOT right of way along US 290 for the purpose of constructing added capacity in the form of toll lanes.