1 | 1 | | 86R1956 JTS-D |
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2 | 2 | | By: Hall S.B. No. 88 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to a pilot project for financing certain Texas Department |
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8 | 8 | | of Transportation projects. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter F, Chapter 223, Transportation Code, |
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11 | 11 | | is amended by adding Section 223.251 to read as follows: |
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12 | 12 | | Sec. 223.251. DEPARTMENT PILOT FINANCING PROJECT USING |
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13 | 13 | | ECONOMIC IMPACT ZONE. (a) The department may select one nontolled |
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14 | 14 | | highway project under a design-build contract to be financed, |
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15 | 15 | | including through the issuance of bonds, wholly or partly using |
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16 | 16 | | revenue from: |
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17 | 17 | | (1) transportation reinvestment zones under |
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18 | 18 | | Subchapter E, Chapter 222; and |
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19 | 19 | | (2) an economic impact zone under Subsection (b). |
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20 | 20 | | (b) The department may establish an economic impact zone for |
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21 | 21 | | an area that extends not more than one mile on either side of the |
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22 | 22 | | centerline of the project. If a zone is created: |
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23 | 23 | | (1) the department shall notify the comptroller of the |
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24 | 24 | | establishment of the zone not later than the 30th day after the date |
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25 | 25 | | the zone is established; and |
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26 | 26 | | (2) the comptroller shall: |
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27 | 27 | | (A) at the beginning of each calendar year, |
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28 | 28 | | estimate the projected annual increase in state sales tax revenue |
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29 | 29 | | in the zone during the calendar year over the amount of state sales |
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30 | 30 | | tax revenue in the zone during the calendar year in which the zone |
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31 | 31 | | was established; |
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32 | 32 | | (B) monthly deposit into a separate account |
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33 | 33 | | outside the treasury, without the necessity of an appropriation, |
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34 | 34 | | one-twelfth of the amount of the estimated projected annual |
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35 | 35 | | increase calculated under Paragraph (A); and |
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36 | 36 | | (C) at the end of each calendar year: |
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37 | 37 | | (i) transfer from the account to the |
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38 | 38 | | department for the purpose of financing the project, an amount |
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39 | 39 | | necessary to pay the costs of the project as described by Subsection |
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40 | 40 | | (d), not to exceed the actual increase in state sales tax revenue in |
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41 | 41 | | the zone during the calendar year over the amount of the state sales |
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42 | 42 | | tax revenue in the zone during the calendar year in which the zone |
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43 | 43 | | was established; and |
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44 | 44 | | (ii) transfer to the general revenue fund |
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45 | 45 | | any amounts remaining in the account after the transfer. |
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46 | 46 | | (c) The department may require that the municipalities in |
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47 | 47 | | which the project is located assume responsibility for project |
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48 | 48 | | costs for rights-of-way and utility relocation. |
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49 | 49 | | (d) Revenue described by Subsection (b) may be used only |
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50 | 50 | | for: |
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51 | 51 | | (1) development and construction of the project; |
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52 | 52 | | (2) payment of debt incurred for the project; and |
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53 | 53 | | (3) maintenance of the project. |
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54 | 54 | | (e) Financing agreements for a project financed under this |
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55 | 55 | | section must contain provisions to allow the early retirement of |
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56 | 56 | | debt using money from an economic impact zone under Subsection (b) |
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57 | 57 | | or money appropriated by the legislature. |
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58 | 58 | | (f) The maturity date of any bonds issued for the project |
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59 | 59 | | may not be extended after the bonds are issued, including through |
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60 | 60 | | the use of refunding bonds or other refinancing agreements, unless |
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61 | 61 | | the extension of the maturity date will decrease the total amount of |
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62 | 62 | | interest to be paid until maturity. |
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63 | 63 | | SECTION 2. This Act takes effect August 31, 2019. |
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