82R519 JAM-D By: Larson, Lavender H.B. No. 1131 A BILL TO BE ENTITLED AN ACT relating to the permissible uses of the state highway fund. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 201.115(d), Transportation Code, is amended to read as follows: (d) Notwithstanding Section 222.001, money in the state highway fund may be used to repay a loan under this section, if permissible under the Texas Constitution and appropriated by the legislature for that purpose. SECTION 2. Section 222.001, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (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; or (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]. (c) Except as otherwise provided by this code, money in the state highway fund that is not described by Subsection (a) may be used only to improve the state highway system. SECTION 3. Section 222.073, Transportation Code, is amended to read as follows: Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. To the extent permissible under [Notwithstanding] Section 222.001, the commission shall use money deposited in the bank to: (1) encourage public and private investment in transportation facilities both within and outside of the state highway system, including facilities that contribute to the multimodal and intermodal transportation capabilities of the state; and (2) develop financing techniques designed to: (A) expand the availability of funding for transportation projects and to reduce direct state costs; (B) maximize private and local participation in financing projects; and (C) improve the efficiency of the state transportation system. SECTION 4. Section 222.002, Transportation Code, is repealed. SECTION 5. This Act takes effect September 1, 2013. SECTION 6. This Act takes effect only if the constitutional amendment proposed by the 82nd Legislature, Regular Session, 2011, to limit the purposes for which revenues from motor vehicle registration fees, taxes on motor fuels and lubricants, and certain revenues received from the federal government may be used is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.