HBA-NRS S.B. 241 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 241
By: Lucio
Transportation
4/17/2001
Engrossed



BACKGROUND AND PURPOSE 

The federal National Highway System Designation Act of 1995 and the federal
Transportation Equity Act for the 21st Century authorized the use of Grant
Anticipation Revenue Vehicle (GARVEE) bonds to finance highway projects.
GARVEE bonds may be issued by the state and are guaranteed by future
federal reimbursements. The bonds are backed by state funds, usually state
gas tax revenues, if federal funds are insufficient to repay the state's
obligations. Allowing the Texas Transportation Commission (TTC) to utilize
GARVEE bonds as a financing option may speed delivery of new construction
projects. Senate Bill 241 authorizes TTC to fund state highway
transportation projects through GARVEE bonds. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 241 amends the Transportation Code to authorize the Texas
Transportation Commission (TTC) to issue bonds secured by a pledge of and
payable from revenue received or to be received by the federal government
that is available for the payment of bonds and bond-related costs, other
revenue deposited in the state highway fund, or a combination of those
sources. The bill requires proceeds from the sale of grant anticipation
revenue bonds (GARVEE bonds) issued to be used to fund improvements to the
state highway system. The bill requires TTC to select the improvements to
be funded considering certain criteria. The bill prohibits the proceeds of
GARVEE bonds to be used for any purpose other than the purpose for which
federal revenues are dedicated  for certain state expenditures. The bill
authorizes TTC to enter into bond enhancement agreements relating to GARVEE
bonds and authorizes the agreements to be secured by and made payable from
the same sources as GARVEE bonds. The bill provides that GARVEE bonds must
mature not later than 15 years after their date of issuance.  

The bill prohibits GARVEE bonds issued and bond enhancement agreements from
having a principal amount or terms that, at the time of the issuance or
agreement, are expected to cause expenditures with respect to the
obligations to exceed five percent of the federal highway obligation
authority anticipated to be received by the state in any year payments are
to be due on the obligations. The bill prohibits TTC from issuing GARVEE
bonds without the approval of the Bond Review Board. Before the issuance of
GARVEE bonds or the entering into of a bond enhancement agreement, the bill
requires the proceedings relating to the issuance or agreement to be
submitted to the attorney general for review and approval. The bill
requires the comptroller of public accounts to withdraw from the state
highway fund and forward to TTC or another person at the direction of TTC
the amounts as determined by TTC to permit timely payment of the principal
of and interest on GARVEE bonds that mature or become due and any cost
related to GARVEE bonds that become due. Before each issuance of GARVEE
bonds, the bill requires TTC to determine the 10-year historic average
expenditure ratio of nonfederal aid projects to federal aid projects and
certify that the ratio will not be reduced as a result of the proposed
issuance.  


 
EFFECTIVE DATE

November 6, 2001, if the constitutional amendment that authorizes the
legislature to provide for the issuance of bonds for improvements to the
state highway system is approved by the voters.