1 | 1 | | S.B. No. 883 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | AN ACT |
---|
5 | 5 | | relating to the use of the state highway fund to participate in the |
---|
6 | 6 | | costs associated with a toll facility of a public or private entity. |
---|
7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
8 | 8 | | SECTION 1. Section 222.001, Transportation Code, is amended |
---|
9 | 9 | | to read as follows: |
---|
10 | 10 | | Sec. 222.001. USE OF STATE HIGHWAY FUND. (a) Money that is |
---|
11 | 11 | | required to be used for public roadways by the Texas Constitution or |
---|
12 | 12 | | federal law and that is deposited in the state treasury to the |
---|
13 | 13 | | credit of the state highway fund, including money deposited to the |
---|
14 | 14 | | credit of the state highway fund under Title 23, United States Code, |
---|
15 | 15 | | may be used only: |
---|
16 | 16 | | (1) to improve the state highway system; |
---|
17 | 17 | | (2) to mitigate adverse environmental effects that |
---|
18 | 18 | | result directly from construction or maintenance of a state highway |
---|
19 | 19 | | by the department; or |
---|
20 | 20 | | (3) by the Department of Public Safety to police the |
---|
21 | 21 | | state highway system and to administer state laws relating to |
---|
22 | 22 | | traffic and safety on public roads. |
---|
23 | 23 | | (b) Notwithstanding Section 222.103, the department may not |
---|
24 | 24 | | pledge or otherwise encumber money deposited in the state highway |
---|
25 | 25 | | fund to: |
---|
26 | 26 | | (1) guarantee a loan obtained by a public or private |
---|
27 | 27 | | entity for costs associated with a toll facility of the public or |
---|
28 | 28 | | private entity; or |
---|
29 | 29 | | (2) insure bonds issued by a public or private entity |
---|
30 | 30 | | for costs associated with a toll facility of the public or private |
---|
31 | 31 | | entity. |
---|
32 | 32 | | SECTION 2. Subsection (b), Section 222.001, Transportation |
---|
33 | 33 | | Code, as added by this Act, applies only to an agreement to pledge |
---|
34 | 34 | | or otherwise encumber money in the state highway fund that is |
---|
35 | 35 | | entered into on or after the effective date of this Act, except that |
---|
36 | 36 | | that section does not apply to an agreement to pledge or otherwise |
---|
37 | 37 | | encumber money in the state highway fund that is associated with the |
---|
38 | 38 | | following projects, regardless of whether the agreement is |
---|
39 | 39 | | finalized on or after the effective date of this Act: |
---|
40 | 40 | | (1) the State Highway 161 project in Dallas County; |
---|
41 | 41 | | (2) the Southwest Parkway (State Highway 121) in |
---|
42 | 42 | | Tarrant County from Interstate Highway 30 to Dirks Road/Altamesa |
---|
43 | 43 | | Boulevard and the Chisholm Trail project from Dirks Road/Altamesa |
---|
44 | 44 | | Boulevard to U.S. Highway 67 in the city of Cleburne; |
---|
45 | 45 | | (3) a project associated with the highway designated |
---|
46 | 46 | | as the Trinity Parkway in the city of Dallas; |
---|
47 | 47 | | (4) the Grand Parkway project (State Highway 99); |
---|
48 | 48 | | (5) the Hidalgo Loop project in Hidalgo County from |
---|
49 | 49 | | U.S. Highway 83 near the Pharr-Reynosa International Bridge to the |
---|
50 | 50 | | U.S. Highway 83 Expressway in Penitas to U.S. Highway 281 north of |
---|
51 | 51 | | Edinburg to U.S. Highway 83 west of Farm-to-Market Road 1423 to U.S. |
---|
52 | 52 | | Highway 83 near the Pharr-Reynosa International Bridge; |
---|
53 | 53 | | (6) the U.S. Highway 290 project from east of U.S. |
---|
54 | 54 | | Highway 183 to east of Farm-to-Market Road 734 in Travis County; |
---|
55 | 55 | | (7) the State Highway 71 East project from Riverside |
---|
56 | 56 | | Drive east to east of State Highway 130 and including the |
---|
57 | 57 | | interchange at State Highway 71 East/U.S. Highway 183 South in |
---|
58 | 58 | | Travis County; |
---|
59 | 59 | | (8) the U.S. Highway 183 South project from Springdale |
---|
60 | 60 | | Road south to State Highway 71 East in Travis County; |
---|
61 | 61 | | (9) the Loop 1 added capacity project, comprised of |
---|
62 | 62 | | the addition of a managed lane on Loop 1 from Parmer Lane to State |
---|
63 | 63 | | Highway 45 South in Travis County; |
---|
64 | 64 | | (10) any transaction related to the acquisition by a |
---|
65 | 65 | | regional mobility authority, a regional tollway authority, or a |
---|
66 | 66 | | county acting under Chapter 284 of a toll project of the department |
---|
67 | 67 | | all or a portion of which was existing and in operation prior to |
---|
68 | 68 | | September 1, 2009; |
---|
69 | 69 | | (11) any transaction related to the assumption by a |
---|
70 | 70 | | regional mobility authority, a regional tollway authority, or a |
---|
71 | 71 | | county acting under Chapter 284 of the operations of a toll project |
---|
72 | 72 | | of the department all or a portion of which was existing and in |
---|
73 | 73 | | operation prior to September 1, 2009; |
---|
74 | 74 | | (12) the Loop 49 project from U.S. Highway 69 north of |
---|
75 | 75 | | Lindale to State Highway 110 in Smith County; or |
---|
76 | 76 | | (13) the U.S. Highway 281 project in Bexar County from |
---|
77 | 77 | | Loop 1604 to the Comal County line and including five direct |
---|
78 | 78 | | connectors at the Loop 1604/U.S. Highway 281 interchange. |
---|
79 | 79 | | SECTION 3. This Act takes effect immediately if it receives |
---|
80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
---|
81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
---|
83 | 83 | | Act takes effect September 1, 2009. |
---|
84 | 84 | | ______________________________ ______________________________ |
---|
85 | 85 | | President of the Senate Speaker of the House |
---|
86 | 86 | | I hereby certify that S.B. No. 883 passed the Senate on |
---|
87 | 87 | | May 5, 2009, by the following vote: Yeas 28, Nays 1. |
---|
88 | 88 | | ______________________________ |
---|
89 | 89 | | Secretary of the Senate |
---|
90 | 90 | | I hereby certify that S.B. No. 883 passed the House on |
---|
91 | 91 | | May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
---|
92 | 92 | | present not voting. |
---|
93 | 93 | | ______________________________ |
---|
94 | 94 | | Chief Clerk of the House |
---|
95 | 95 | | Approved: |
---|
96 | 96 | | ______________________________ |
---|
97 | 97 | | Date |
---|
98 | 98 | | ______________________________ |
---|
99 | 99 | | Governor |
---|