81R4894 JTS-D
By: Carona S.B. No. 883
A BILL TO BE ENTITLED
AN ACT
relating to the use of the state highway fund to participate in the
costs associated with a toll facility of a public or private entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 222.001, Transportation Code, is amended
to read as follows:
Sec. 222.001. USE OF STATE HIGHWAY FUND. (a) Money that
is required to be used for public roadways by the Texas Constitution
or federal law and that is deposited in the state treasury to the
credit of the state highway fund, including money deposited to the
credit of the state highway fund under Title 23, United States Code,
may be used only:
(1) to improve the state highway system;
(2) to mitigate adverse environmental effects that
result directly from construction or maintenance of a state highway
by the department; or
(3) by the Department of Public Safety to police the
state highway system and to administer state laws relating to
traffic and safety on public roads.
(b) Notwithstanding Section 222.103, the department may not
pledge or otherwise encumber money deposited in the state highway
fund to:
(1) guarantee a loan obtained by a public or private
entity for costs associated with a toll facility of the public or
private entity; or
(2) insure bonds issued by a public or private entity
for costs associated with a toll facility of the public or private
entity.
SECTION 2. Section 222.001(b), Transportation Code, as
added by this Act, applies only to an agreement to pledge or
otherwise encumber money in the state highway fund that is entered
into on or after the effective date of this Act.
SECTION 3. 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, 2009.