| 1 | 1 | | 81R6768 JD-D |
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| 2 | 2 | | By: Deshotel H.B. No. 1047 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the permissible uses of the state highway fund. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 201.115(d), Transportation Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (d) Notwithstanding Section 222.001, money in the state |
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| 12 | 12 | | highway fund may be used to repay a loan under this section, if |
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| 13 | 13 | | permissible under the Texas Constitution and appropriated by the |
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| 14 | 14 | | legislature for that purpose. |
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| 15 | 15 | | SECTION 2. Section 222.001, Transportation Code, is amended |
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| 16 | 16 | | to read as follows: |
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| 17 | 17 | | Sec. 222.001. USE OF STATE HIGHWAY FUND. (a) Money that is |
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| 18 | 18 | | required to be used for public roadways by the Texas Constitution or |
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| 19 | 19 | | federal law and that is deposited in the state treasury to the |
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| 20 | 20 | | credit of the state highway fund, including money deposited to the |
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| 21 | 21 | | credit of the state highway fund under Title 23, United States Code, |
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| 22 | 22 | | may be used only: |
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| 23 | 23 | | (1) to improve the state highway system; or |
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| 24 | 24 | | (2) to mitigate adverse environmental effects that |
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| 25 | 25 | | result directly from construction or maintenance of a state highway |
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| 26 | 26 | | by the department[; or |
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| 27 | 27 | | [(3) by the Department of Public Safety to police the |
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| 28 | 28 | | state highway system and to administer state laws relating to |
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| 29 | 29 | | traffic and safety on public roads]. |
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| 30 | 30 | | (b) Except as otherwise provided by this code, money in the |
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| 31 | 31 | | state highway fund that is not described by Subsection (a) may be |
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| 32 | 32 | | used only to improve the state highway system. |
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| 33 | 33 | | SECTION 3. Section 222.073, Transportation Code, is amended |
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| 34 | 34 | | to read as follows: |
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| 35 | 35 | | Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. To the |
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| 36 | 36 | | extent permissible under [Notwithstanding] Section 222.001, the |
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| 37 | 37 | | commission shall use money deposited in the bank to: |
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| 38 | 38 | | (1) encourage public and private investment in |
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| 39 | 39 | | transportation facilities both within and outside of the state |
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| 40 | 40 | | highway system, including facilities that contribute to the |
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| 41 | 41 | | multimodal and intermodal transportation capabilities of the |
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| 42 | 42 | | state; and |
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| 43 | 43 | | (2) develop financing techniques designed to: |
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| 44 | 44 | | (A) expand the availability of funding for |
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| 45 | 45 | | transportation projects and to reduce direct state costs; |
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| 46 | 46 | | (B) maximize private and local participation in |
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| 47 | 47 | | financing projects; and |
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| 48 | 48 | | (C) improve the efficiency of the state |
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| 49 | 49 | | transportation system. |
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| 50 | 50 | | SECTION 4. Section 222.002, Transportation Code, is |
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| 51 | 51 | | repealed. |
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| 52 | 52 | | SECTION 5. This Act takes effect September 1, 2011. |
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| 53 | 53 | | SECTION 6. This Act takes effect only if the constitutional |
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| 54 | 54 | | amendment proposed by the 81st Legislature, Regular Session, 2009, |
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| 55 | 55 | | to limit the purposes for which revenues from motor vehicle |
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| 56 | 56 | | registration fees, taxes on motor fuels and lubricants, and certain |
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| 57 | 57 | | revenues received from the federal government may be used is |
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| 58 | 58 | | approved by the voters. If that amendment is not approved by the |
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| 59 | 59 | | voters, this Act has no effect. |
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