Bill Text: TX SB639 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the use of money in the state highway fund for toll projects.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-02-13 - Referred to Transportation [SB639 Detail]

Download: Texas-2017-SB639-Introduced.html
  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.
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