85R407 JAM-D
By: Huffines S.B. No. 639
A BILL TO BE ENTITLED
AN ACT
relating to the use of money in the state highway fund for toll
projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.503, Tax Code, is amended to read as
follows:
Sec. 162.503. ALLOCATION OF GASOLINE TAX. [(a)] On or
before the fifth workday after the end of each month, the
comptroller, after making all deductions for refund purposes and
for the amounts allocated under Sections 162.502 and 162.5025,
shall allocate the net remainder of the taxes collected under
Subchapter B as follows:
(1) one-fourth of the tax shall be deposited to the
credit of the available school fund;
(2) one-half of the tax shall be deposited to the
credit of the state highway fund for the construction and
maintenance of the state road system, other than toll roads, under
existing law; and
(3) from the remaining one-fourth of the tax the
comptroller shall:
(A) deposit to the credit of the county and road
district highway fund all the remaining tax receipts until a total
of $7,300,000 has been credited to the fund each fiscal year; and
(B) after the amount required to be deposited to
the county and road district highway fund has been deposited,
deposit to the credit of the state highway fund the remainder of the
one-fourth of the tax, the amount to be provided on the basis of
allocations made each month of the fiscal year, which sum shall be
used by the Texas Department of Transportation for the
construction, improvement, and maintenance of farm-to-market
roads.
SECTION 2. Section 201.002(c), Transportation Code, is
amended to read as follows:
(c) All money authorized to be appropriated in accordance
with this section for the operation of the department and the
purchase of equipment shall be appropriated from the state highway
fund. The commission shall use the amount remaining in the fund for
the furtherance of public road construction, other than toll roads,
and for establishing a system of state highways.
SECTION 3. Section 202.002(a), Transportation Code, is
amended to read as follows:
(a) The commission shall use automobile registration fees
in the state highway fund to maintain state highways, other than
toll roads, and may not divert funds from automobile registration
fees for another use.
SECTION 4. Section 222.001, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) Notwithstanding Section 222.103, the legislature may
not appropriate money deposited to the credit of the state highway
fund to construct, maintain, or acquire rights-of-way for a toll
project or system.
SECTION 5. Section 222.002, Transportation Code, is amended
to read as follows:
Sec. 222.002. USE OF STATE HIGHWAY FUND FOR DEPARTMENT
FUNCTIONS. Money in the state highway fund that is not required to
be spent for public roadways by the Texas Constitution or federal
law may be used for any function performed by the department other
than a function related to a toll project or system.
SECTION 6. Section 222.004(g), Transportation Code, is
amended to read as follows:
(g) Bonds may be issued for one or more of the following
purposes:
(1) to pay all or part of the costs of highway
improvement projects, other than an improvement project for a toll
road; and
(2) to pay:
(A) the costs of administering projects
authorized under this section;
(B) the cost or expense of the issuance of the
bonds; or
(C) all or part of a payment owed or to be owed
under a credit agreement.
SECTION 7. Section 228.006(a), Transportation Code, is
amended to read as follows:
(a) The commission shall authorize the use of surplus
revenue of a toll project or system to pay the costs of a
transportation project or [,] highway project, other than a toll
project, or an air quality project within a region in which any part
of the toll project is located.
SECTION 8. Section 228.053(f), Transportation Code, is
amended to read as follows:
(f) The revenue and disbursements for each toll project or
system shall be kept separately. The revenue from one project may
not be used to pay the cost of another project except as authorized
by Section [Sections] 228.0055 [and 228.006].
SECTION 9. Section 228.104(a), Transportation Code, is
amended to read as follows:
(a) The principal of, interest on, and any redemption
premium on bonds issued by the commission under this subchapter are
payable solely from:
(1) the revenue of the toll project or system for which
the bonds are issued, including tolls pledged to pay the bonds;
(2) the proceeds of bonds issued for the project or
system;
(3) the amounts deposited in a debt service reserve
fund as required by the trust agreement securing bonds issued for
the project or system;
(4) amounts received under a credit agreement relating
to the project or system for which the bonds are issued; and
(5) [surplus revenue of another project or system as
authorized by Section 228.006; and
[(6)] amounts received by the department:
(A) as pass-through tolls under Section 222.104;
(B) under an agreement with a local governmental
entity entered into under Section 228.254;
(C) under other agreements with a local
governmental entity relating to the project or system for which the
bonds are issued; and
(D) under a comprehensive development agreement
entered into under Section 223.201.
SECTION 10. Section 228.105, Transportation Code, is
amended to read as follows:
Sec. 228.105. SOURCES OF PAYMENT OF AND SECURITY FOR TOLL
REVENUE BONDS. Notwithstanding any other provisions of this
subchapter, toll revenue bonds issued by the commission may:
(1) be payable from and secured by:
(A) payments made under an agreement with a local
governmental entity as provided by Section 228.254;
(B) the proceeds of bonds issued for the toll
project or system; or
(C) amounts deposited in a debt service reserve
fund as required by the trust agreement securing bonds issued for
the project or system; [or
[(D) surplus revenue of another toll project or
system as authorized by Section 228.006;] and
(2) state on their faces any pledge of revenue or taxes
and any security for the bonds under the agreement.
SECTION 11. Section 366.174(b), Transportation Code, is
amended to read as follows:
(b) An authority may transfer into its revolving fund money
from any permissible source, including:
(1) money from a turnpike project if the transfer does
not diminish the money available for the project or the system, if
any, of which it is a part to less than an amount required to be
retained by the bond proceedings pertaining to the project or
system;
(2) money received by the authority from any source
and not otherwise committed, including money from the transfer of a
turnpike project or system or sale of authority assets; and
(3) [money received from the state highway fund; and
[(4)] contributions, loans, grants, or assistance
from the United States, another state, a political subdivision of
this state, a foreign governmental entity, including the United
Mexican States or a state of the United Mexican States, a local
governmental entity, any private enterprise, or any person.
SECTION 12. Section 370.033(m), Transportation Code, is
amended to read as follows:
(m) If an authority receives money from the general revenue
fund or [,] the Texas Mobility Fund, [or the state highway fund] it
may use the money only to acquire, design, finance, construct,
operate, or maintain a turnpike project under Section
370.003(14)(A) or (D) or a transit system under Section 370.351. If
an authority receives money from the state highway fund, it may use
the money only to acquire, design, finance, construct, operate, or
maintain a transportation project under Section 370.003(14)(D).
SECTION 13. Section 373.102(d), Transportation Code, is
amended to read as follows:
(d) Money received by the department under this section
shall be deposited in the state highway fund and, except for
reimbursement for costs owed to a third party, used to fund
additional projects, other than toll projects, in the department
district in which the toll project is located.
SECTION 14. Sections 228.204 and 228.206, Transportation
Code, are repealed.
SECTION 15. The changes in law made by this Act do not
prohibit use of money in the state highway fund that is necessary to
comply with the terms of a bond resolution or other agreement in
effect on the effective date of this Act governing the issuance of
bonds or other obligations secured by money in the fund.
SECTION 16. This Act takes effect September 1, 2017.