Texas 2017 - 85th Regular

Texas Senate Bill SB639 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R407 JAM-D
2	2	By: Huffines S.B. No. 639
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of money in the state highway fund for toll
8	8	projects.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 162.503, Tax Code, is amended to read as
11	11	follows:
12	12	Sec. 162.503. ALLOCATION OF GASOLINE TAX. [(a)] On or
13	13	before the fifth workday after the end of each month, the
14	14	comptroller, after making all deductions for refund purposes and
15	15	for the amounts allocated under Sections 162.502 and 162.5025,
16	16	shall allocate the net remainder of the taxes collected under
17	17	Subchapter B as follows:
18	18	(1) one-fourth of the tax shall be deposited to the
19	19	credit of the available school fund;
20	20	(2) one-half of the tax shall be deposited to the
21	21	credit of the state highway fund for the construction and
22	22	maintenance of the state road system, other than toll roads, under
23	23	existing law; and
24	24	(3) from the remaining one-fourth of the tax the
25	25	comptroller shall:
26	26	(A) deposit to the credit of the county and road
27	27	district highway fund all the remaining tax receipts until a total
28	28	of $7,300,000 has been credited to the fund each fiscal year; and
29	29	(B) after the amount required to be deposited to
30	30	the county and road district highway fund has been deposited,
31	31	deposit to the credit of the state highway fund the remainder of the
32	32	one-fourth of the tax, the amount to be provided on the basis of
33	33	allocations made each month of the fiscal year, which sum shall be
34	34	used by the Texas Department of Transportation for the
35	35	construction, improvement, and maintenance of farm-to-market
36	36	roads.
37	37	SECTION 2. Section 201.002(c), Transportation Code, is
38	38	amended to read as follows:
39	39	(c) All money authorized to be appropriated in accordance
40	40	with this section for the operation of the department and the
41	41	purchase of equipment shall be appropriated from the state highway
42	42	fund. The commission shall use the amount remaining in the fund for
43	43	the furtherance of public road construction, other than toll roads,
44	44	and for establishing a system of state highways.
45	45	SECTION 3. Section 202.002(a), Transportation Code, is
46	46	amended to read as follows:
47	47	(a) The commission shall use automobile registration fees
48	48	in the state highway fund to maintain state highways, other than
49	49	toll roads, and may not divert funds from automobile registration
50	50	fees for another use.
51	51	SECTION 4. Section 222.001, Transportation Code, is amended
52	52	by adding Subsection (c) to read as follows:
53	53	(c) Notwithstanding Section 222.103, the legislature may
54	54	not appropriate money deposited to the credit of the state highway
55	55	fund to construct, maintain, or acquire rights-of-way for a toll
56	56	project or system.
57	57	SECTION 5. Section 222.002, Transportation Code, is amended
58	58	to read as follows:
59	59	Sec. 222.002. USE OF STATE HIGHWAY FUND FOR DEPARTMENT
60	60	FUNCTIONS. Money in the state highway fund that is not required to
61	61	be spent for public roadways by the Texas Constitution or federal
62	62	law may be used for any function performed by the department other
63	63	than a function related to a toll project or system.
64	64	SECTION 6. Section 222.004(g), Transportation Code, is
65	65	amended to read as follows:
66	66	(g) Bonds may be issued for one or more of the following
67	67	purposes:
68	68	(1) to pay all or part of the costs of highway
69	69	improvement projects, other than an improvement project for a toll
70	70	road; and
71	71	(2) to pay:
72	72	(A) the costs of administering projects
73	73	authorized under this section;
74	74	(B) the cost or expense of the issuance of the
75	75	bonds; or
76	76	(C) all or part of a payment owed or to be owed
77	77	under a credit agreement.
78	78	SECTION 7. Section 228.006(a), Transportation Code, is
79	79	amended to read as follows:
80	80	(a) The commission shall authorize the use of surplus
81	81	revenue of a toll project or system to pay the costs of a
82	82	transportation project or [,] highway project, other than a toll
83	83	project, or an air quality project within a region in which any part
84	84	of the toll project is located.
85	85	SECTION 8. Section 228.053(f), Transportation Code, is
86	86	amended to read as follows:
87	87	(f) The revenue and disbursements for each toll project or
88	88	system shall be kept separately. The revenue from one project may
89	89	not be used to pay the cost of another project except as authorized
90	90	by Section [Sections] 228.0055 [and 228.006].
91	91	SECTION 9. Section 228.104(a), Transportation Code, is
92	92	amended to read as follows:
93	93	(a) The principal of, interest on, and any redemption
94	94	premium on bonds issued by the commission under this subchapter are
95	95	payable solely from:
96	96	(1) the revenue of the toll project or system for which
97	97	the bonds are issued, including tolls pledged to pay the bonds;
98	98	(2) the proceeds of bonds issued for the project or
99	99	system;
100	100	(3) the amounts deposited in a debt service reserve
101	101	fund as required by the trust agreement securing bonds issued for
102	102	the project or system;
103	103	(4) amounts received under a credit agreement relating
104	104	to the project or system for which the bonds are issued; and
105	105	(5) [surplus revenue of another project or system as
106	106	authorized by Section 228.006; and
107	107	[(6)] amounts received by the department:
108	108	(A) as pass-through tolls under Section 222.104;
109	109	(B) under an agreement with a local governmental
110	110	entity entered into under Section 228.254;
111	111	(C) under other agreements with a local
112	112	governmental entity relating to the project or system for which the
113	113	bonds are issued; and
114	114	(D) under a comprehensive development agreement
115	115	entered into under Section 223.201.
116	116	SECTION 10. Section 228.105, Transportation Code, is
117	117	amended to read as follows:
118	118	Sec. 228.105. SOURCES OF PAYMENT OF AND SECURITY FOR TOLL
119	119	REVENUE BONDS. Notwithstanding any other provisions of this
120	120	subchapter, toll revenue bonds issued by the commission may:
121	121	(1) be payable from and secured by:
122	122	(A) payments made under an agreement with a local
123	123	governmental entity as provided by Section 228.254;
124	124	(B) the proceeds of bonds issued for the toll
125	125	project or system; or
126	126	(C) amounts deposited in a debt service reserve
127	127	fund as required by the trust agreement securing bonds issued for
128	128	the project or system; [or
129	129	[(D) surplus revenue of another toll project or
130	130	system as authorized by Section 228.006;] and
131	131	(2) state on their faces any pledge of revenue or taxes
132	132	and any security for the bonds under the agreement.
133	133	SECTION 11. Section 366.174(b), Transportation Code, is
134	134	amended to read as follows:
135	135	(b) An authority may transfer into its revolving fund money
136	136	from any permissible source, including:
137	137	(1) money from a turnpike project if the transfer does
138	138	not diminish the money available for the project or the system, if
139	139	any, of which it is a part to less than an amount required to be
140	140	retained by the bond proceedings pertaining to the project or
141	141	system;
142	142	(2) money received by the authority from any source
143	143	and not otherwise committed, including money from the transfer of a
144	144	turnpike project or system or sale of authority assets; and
145	145	(3) [money received from the state highway fund; and
146	146	[(4)] contributions, loans, grants, or assistance
147	147	from the United States, another state, a political subdivision of
148	148	this state, a foreign governmental entity, including the United
149	149	Mexican States or a state of the United Mexican States, a local
150	150	governmental entity, any private enterprise, or any person.
151	151	SECTION 12. Section 370.033(m), Transportation Code, is
152	152	amended to read as follows:
153	153	(m) If an authority receives money from the general revenue
154	154	fund or [,] the Texas Mobility Fund, [or the state highway fund] it
155	155	may use the money only to acquire, design, finance, construct,
156	156	operate, or maintain a turnpike project under Section
157	157	370.003(14)(A) or (D) or a transit system under Section 370.351. If
158	158	an authority receives money from the state highway fund, it may use
159	159	the money only to acquire, design, finance, construct, operate, or
160	160	maintain a transportation project under Section 370.003(14)(D).
161	161	SECTION 13. Section 373.102(d), Transportation Code, is
162	162	amended to read as follows:
163	163	(d) Money received by the department under this section
164	164	shall be deposited in the state highway fund and, except for
165	165	reimbursement for costs owed to a third party, used to fund
166	166	additional projects, other than toll projects, in the department
167	167	district in which the toll project is located.
168	168	SECTION 14. Sections 228.204 and 228.206, Transportation
169	169	Code, are repealed.
170	170	SECTION 15. The changes in law made by this Act do not
171	171	prohibit use of money in the state highway fund that is necessary to
172	172	comply with the terms of a bond resolution or other agreement in
173	173	effect on the effective date of this Act governing the issuance of
174	174	bonds or other obligations secured by money in the fund.
175	175	SECTION 16. This Act takes effect September 1, 2017.