Texas 2017 - 85th Regular

Texas Senate Bill SB84 Compare Versions

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11 85R1318 JTS-D
22 By: Hall S.B. No. 84
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a pilot project for financing certain Texas Department
88 of Transportation projects.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter F, Chapter 223, Transportation Code,
1111 is amended by adding Section 223.251 to read as follows:
1212 Sec. 223.251. DEPARTMENT PILOT FINANCING PROJECT USING
1313 ECONOMIC IMPACT ZONE. (a) The department may select one nontolled
1414 highway project under a design-build contract to be financed,
1515 including through the issuance of bonds, wholly or partly using
1616 revenue from:
1717 (1) transportation reinvestment zones under
1818 Subchapter E, Chapter 222; and
1919 (2) an economic impact zone under Subsection (b).
2020 (b) The department may establish an economic impact zone for
2121 an area that extends not more than one mile on either side of the
2222 centerline of the project. If a zone is created:
2323 (1) the department shall notify the comptroller of the
2424 establishment of the zone not later than the 30th day after the date
2525 the zone is established; and
2626 (2) the comptroller shall:
2727 (A) at the beginning of each calendar year,
2828 estimate the projected annual increase in state sales tax revenue
2929 in the zone during the calendar year over the amount of state sales
3030 tax revenue in the zone during the calendar year in which the zone
3131 was established;
3232 (B) monthly deposit into a separate account
3333 outside the treasury, without the necessity of an appropriation,
3434 one-twelfth of the amount of the estimated projected annual
3535 increase calculated under Paragraph (A); and
3636 (C) at the end of each calendar year:
3737 (i) transfer from the account to the
3838 department for the purpose of financing the project, an amount
3939 necessary to pay the costs of the project as described by Subsection
4040 (d), not to exceed the actual increase in state sales tax revenue in
4141 the zone during the calendar year over the amount of the state sales
4242 tax revenue in the zone during the calendar year in which the zone
4343 was established; and
4444 (ii) transfer to the general revenue fund
4545 any amounts remaining in the account after the transfer.
4646 (c) The department may require that the municipalities in
4747 which the project is located assume responsibility for project
4848 costs for rights-of-way and utility relocation.
4949 (d) Revenue described by Subsection (b) may be used only
5050 for:
5151 (1) development and construction of the project;
5252 (2) payment of debt incurred for the project; and
5353 (3) maintenance of the project.
5454 (e) Financing agreements for a project financed under this
5555 section must contain provisions to allow the early retirement of
5656 debt using money from an economic impact zone under Subsection (b)
5757 or money appropriated by the legislature.
5858 (f) The maturity date of any bonds issued for the project
5959 may not be extended after the bonds are issued, including through
6060 the use of refunding bonds or other refinancing agreements, unless
6161 the extension of the maturity date will decrease the total amount of
6262 interest to be paid until maturity.
6363 SECTION 2. This Act takes effect August 31, 2017.