Bill Text: TX SB1395 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the administration, financing, and use of the State Infrastructure Bank.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-22 - Referred to Transportation & Homeland Sec. [SB1395 Detail]
Download: Texas-2011-SB1395-Introduced.html
82R13696 T | ||
By: Williams | S.B. No. 1395 |
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relating to the administration, financing, and use of the State | ||
Infrastructure Bank. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 222.071, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 222.071. DEFINITIONS. In this subchapter: | ||
(1) "Bank" means the state infrastructure bank | ||
account. | ||
(2) "Bonds" means bonds, notes, and other public | ||
securities. | ||
(3) [ |
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23 U.S.C. Section 101. | ||
(4) "Credit agreement" has the meaning assigned by | ||
Section 1371.001, Government Code. | ||
(5) [ |
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National Highway System Designation Act of 1995 (Pub. L. No. | ||
104-59). | ||
(6) [ |
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assigned by 23 U.S.C. Section 101. | ||
(7) [ |
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(A) the construction of a federal-aid highway; | ||
(B) a transit project under 49 U.S.C. Sections | ||
5307, 5309, and 5311; [ |
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(C) a transportation project; or | ||
(D) [ |
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from a subaccount subject to the federal act, a project eligible for | ||
assistance under Title 23 or Title 49, United States Code. | ||
(8) [ |
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(A) the repayment of a loan or other assistance | ||
that is provided with money deposited to the credit of the bank; and | ||
(B) investment income generated by secondary | ||
funds deposited to the credit of the bank. | ||
(9) "Transportation project" means a tolled or | ||
nontolled highway improvement project. | ||
SECTION 2. Section 222.072, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 222.072. STATE INFRASTRUCTURE BANK. (a) The state | ||
infrastructure bank is an account held in the Texas Treasury | ||
Safekeeping Trust Company [ |
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administered by the commission. | ||
(b) The commission may deposit in the bank money derived | ||
from any source available to the commission, including: | ||
(1) federal [ |
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including funds received under the federal act; [ |
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(2) matching state funds in an amount required by the | ||
federal [ |
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(3) if appropriated by the legislature for that | ||
purpose: | ||
(A) the proceeds of bonds issued under Section | ||
222.003; | ||
(B) the proceeds of bonds issued under Section | ||
222.004; and | ||
(C) other direct appropriations; | ||
(4) the proceeds of bonds issued under Section 201.943 | ||
and money provided by the commission from the Texas Mobility Fund | ||
that is in excess of the money required to be on deposit in the Texas | ||
Mobility Fund by the proceedings authorizing Texas Mobility Fund | ||
bonds and credit agreements; | ||
(5) repayments of principal and interest on loans made | ||
under Section 222.074; | ||
(6) the proceeds from the sale of loans under Section | ||
222.078; | ||
(7) proceeds from bonds issued under Section 222.075; | ||
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(8) secondary funds; and [ |
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(9) gifts and grants [ |
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(c) The commission shall prepare and file biennially with | ||
the governor, the lieutenant governor, and the Legislative Budget | ||
Board a report providing information on the operation of the bank, | ||
including: | ||
(1) the amounts and sources of money deposited in the | ||
bank during the biennium; | ||
(2) investments and returns on investments of money in | ||
the bank during the biennium; | ||
(3) loans made from the bank during the biennium; | ||
(4) other financial assistance provided from the bank | ||
during the biennium; | ||
(5) the status of any defaults on repayment of loans or | ||
other financial assistance provided from the bank; and | ||
(6) the details of any qualified project for which | ||
financial assistance is received from the bank during the biennium, | ||
including the identity of any highway directly affected by the | ||
project, and the degree to which the project is designed to reduce | ||
congestion, improve traffic safety, and enhance connectivity. | ||
SECTION 3. Section 222.074, Transportation Code, is amended | ||
by amending Subsection (a) and by adding Subsections (d), (e), (f), | ||
and (g) to read as follows: | ||
(a) To further a purpose described by Section 222.073, the | ||
commission may use money deposited to the credit of the bank to | ||
provide financial assistance to a public or private entity, | ||
including the department, for a qualified project to: | ||
(1) extend credit by direct loan, including through | ||
the purchase of obligations of a public entity; | ||
(2) provide liquidity or credit enhancement, | ||
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or private entity or to purchase bonds, notes, or other obligations | ||
from a public entity; | ||
(3) serve as a capital reserve for bond or debt | ||
instrument financing; | ||
(4) subsidize interest rates; | ||
(5) insure the issuance of a letter of credit or credit | ||
instrument; | ||
(6) finance a purchase or lease agreement in | ||
connection with a transit project; | ||
(7) provide capitalized interest for debt financing by | ||
the public or private entity; | ||
(8) providing a guarantee of the payment of the costs | ||
of the operation and maintenance of a qualified project by a public | ||
entity; | ||
(9) [ |
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instruments; [ |
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(10) pay the costs of issuing bonds or other debt | ||
instruments; or | ||
(11) [ |
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have been approved by the United States secretary of transportation | ||
and relate to the project for which the assistance is provided. | ||
(d) The proceeds of bonds issued under Section 222.003 or | ||
Section 222.004 may only be used to provide financial assistance | ||
for highway improvement projects, subject to any limitations | ||
provided by law. | ||
(e) Money from the Texas Mobility Fund may only be used to | ||
provide financial assistance for state highway improvement | ||
projects, publicly owned toll roads, and public transportation | ||
projects, whether on or off of the state highway system, subject to | ||
any limitations provided by law. | ||
(f) The commission may require a public or private entity to | ||
pay an application fee and other reasonable amounts in connection | ||
with any request for financial assistance provided from the bank. | ||
Revenue generated from payments of fees and other amounts shall be | ||
deposited in the state highway fund. | ||
(g) The department shall monitor the use of financial | ||
assistance provided to a public or private entity to ensure the | ||
financial assistance is used for purposes authorized by law and may | ||
audit the books and records of a public or private entity for this | ||
purpose. | ||
SECTION 4. Section 222.0745, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 222.0745. INCURRENCE OF DEBT BY PUBLIC ENTITY. (a) A | ||
public entity in this state, including a municipality, county, | ||
district, authority, agency, department, board, or commission, | ||
that is authorized by law to construct, maintain, or finance a | ||
qualified project may borrow money from the bank, including by | ||
direct loan or other financial assistance from the bank, and may | ||
enter into any agreement relating to receiving financial assistance | ||
from the bank [ |
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(b) Money received by a public entity under this subchapter | ||
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under the control of the public entity and may only be used for | ||
purposes authorized by this subchapter [ |
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(c) To provide for the repayment of a loan or other | ||
financial assistance, a public entity may: | ||
(1) pledge revenues or income from any available | ||
source; | ||
(2) pledge, levy, and collect any taxes, subject to | ||
any constitutional limitation; or | ||
(3) pledge any combination of revenues, income, and | ||
taxes. | ||
(d) This section is wholly sufficient authority for a public | ||
entity to borrow or otherwise obtain financial assistance from the | ||
bank as authorized by this subchapter and to pledge revenues, | ||
income, or taxes, or any combination of revenues, income, and | ||
taxes, to the repayment of a loan or other financial assistance. | ||
(e) [ |
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affect the ability of a public entity to incur debt using other | ||
statutorily authorized methods. | ||
SECTION 5. Section 222.075, Transportation Code, is amended | ||
by amending Subsections (b), (f), (i), and (j) to read as follows: | ||
(b) Except as provided by Subsection (c), the commission may | ||
issue revenue bonds or revenue refunding bonds under this section | ||
without complying with any other law applicable to the issuance of | ||
bonds, and may enter into credit agreements related to the bonds. | ||
(f) The commission may require participants to make | ||
charges, levy taxes, or otherwise provide for sufficient money to | ||
repay financial assistance provided from the bank, including any | ||
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(i) Before the issuance of revenue bonds or credit | ||
agreements, the commission shall submit the record of [ |
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proceedings of the commission authorizing [ |
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issuance, execution, and delivery of the [ |
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agreement and any contract providing revenue or security to pay the | ||
bonds or credit agreement [ |
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the attorney general finds that the proceedings authorizing a bond | ||
or credit agreement and any bonds authorized in the proceedings | ||
conform to the requirements of the Texas Constitution and this | ||
subchapter [ |
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approve the proceedings and the [ |
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to [ |
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registration a copy of the attorney general's legal opinion stating | ||
that approval and the record of proceedings. After approval, the | ||
bonds or credit agreement may be executed and delivered, exchanged, | ||
or refinanced from time to time in accordance with those | ||
authorizing proceedings. After the approval and registration, the | ||
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providing revenue or security included in or executed and delivered | ||
according to the authorizing proceedings are incontestable in any | ||
court or other forum for any reason and are valid, [ |
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and enforceable [ |
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all purposes. | ||
(j) The proceeds from the sale of revenue bonds may be used | ||
to finance other funds or accounts relating to the bonds or credit | ||
agreement, including a debt service reserve fund, and to pay the | ||
costs of issuance. All remaining [ |
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sale of the [ |
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invested and used in the manner provided for other funds deposited | ||
under this subchapter. | ||
SECTION 6. Section 222.076, Transportation Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) The commission may create within a subaccount one or | ||
more additional subaccounts as determined appropriate and | ||
necessary by the commission. | ||
SECTION 7. Section 222.077, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 222.077. REPAYMENT TERMS; DEPOSIT OF REPAYMENTS; | ||
INVESTMENT INCOME. (a) For financial assistance that [ |
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and conditions of the repayment, including the interest rates to be | ||
charged. The terms must comply with the federal act except for terms | ||
applicable to funds deposited in a subaccount described by Section | ||
222.076(b). | ||
(b) For a tolled highway improvement project, the | ||
commission may require that revenues from the project be shared | ||
between the entity and the department, and the entity and the | ||
department may enter into an agreement specifying the terms and | ||
conditions of the revenue sharing. | ||
(c) [ |
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(1) the repayment of a loan or other assistance | ||
provided with money deposited to the credit of a subaccount in the | ||
bank, including all amounts received as a share of revenues from a | ||
tolled highway improvement project, shall be deposited in that | ||
subaccount; and | ||
(2) investment income generated by money deposited to | ||
the credit of a subaccount in the bank shall be: | ||
(A) credited to that subaccount, subject to | ||
requirements that may be imposed by the proceedings authorizing | ||
bonds issued to provide money for deposit in the bank that are | ||
necessary to protect the tax-exempt status of interest payable on | ||
the bonds in accordance with applicable law of the United States | ||
concerning federal income taxation of interest on the bonds; | ||
(B) available for use in providing financial | ||
assistance under this subchapter; and | ||
(C) invested in United States Treasury | ||
securities, bank deposits, or other financing instruments approved | ||
by the United States secretary of transportation to earn interest | ||
and enhance the financing of projects assisted by the bank, except | ||
that the proceeds of bonds deposited in the bank under Section | ||
222.072 shall be subject to any limitations contained in the | ||
documents authorizing the issuance of the bonds. | ||
(d) [ |
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compliance with applicable requirements of the federal act and any | ||
applicable federal regulation or guideline. | ||
(e) [ |
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(1) implement this subchapter; and | ||
(2) establish eligibility criteria for an entity | ||
applying for financial assistance from the bank. | ||
SECTION 8. Subchapter D, Chapter 222, Transportation Code, | ||
is amended by adding Sections 222.078 and 222.079 to read as | ||
follows: | ||
Sec. 222.078. SALE OF LOANS. (a) As used in this section, | ||
"loan" includes any financial assistance that must be repaid or any | ||
portion of such assistance. | ||
(b) The commission may sell any loans made from money in the | ||
bank and shall deposit the proceeds of the sale in the bank. | ||
(c) For any loans to be sold under this section, the | ||
commission may submit to the attorney general for review and | ||
approval the related financial assistance agreement, which shall, | ||
for the purposes of Chapter 1202, Government Code, be considered to | ||
be a public security, along with the record of proceedings of the | ||
borrowing entity relating to the agreement. If the attorney | ||
general approves the agreement, it shall be incontestable in a | ||
court or other forum and is valid, binding, and enforceable | ||
according to its terms as provided by Chapter 1202, Government | ||
Code. | ||
(d) The commission must sell the loans using a competitive | ||
bidding process and at the price and under the terms and conditions | ||
that it determines to be reasonable. | ||
(e) As part of the sales agreement with the purchaser of a | ||
loan, the commission may agree to perform the functions required to | ||
enforce the conditions and requirements stated in the loans, | ||
including enforcing the payment of debt service by the borrowing | ||
entity. | ||
(f) The commission may exercise any powers necessary to | ||
carry out the authority granted by this section, including the | ||
authority to contract with any person to accomplish the purposes of | ||
this section. | ||
(g) Neither the state nor the commission shall be liable for | ||
the repayment of, and may not repay, any loan sold under this | ||
section. | ||
Sec. 222.079. WAIVER OF SOVEREIGN IMMUNITY. A public | ||
entity receiving financial assistance under this subchapter waives | ||
sovereign immunity to suit for the purpose of adjudicating a claim | ||
for breach of the terms of the financial assistance agreement. | ||
SECTION 9. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |