SRC-TBR C.S.S.B. 241 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 241
77R8457 DWS-FBy: Lucio
Business & Commerce
3/14/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Allowing the Texas Department of Transportation to use new financing tools
may speed delivery of new construction projects.  Federally supported
leveraging techniques such as Grant Anticipation Revenue Vehicles (GARVEEs)
are a possible tool.  C.S.S.B. 241 allows the legislature to use GARVEEs to
fund highway projects. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 222B, Transportation Code, by adding Section
222.035, as follows: 

Sec. 222.035.  ISSUANCE OF GRANT ANTICIPATION REVENUE BONDS.  (a)
Authorizes the Texas Transportation Commission (commission) to issue bonds
secured by a pledge of and payable from revenue received or to be received
from the federal government that is available for the payment of bonds and
bond-related costs under 23 U.S.C. Section 122 (Payments to States for Bond
and Other Debt Instruments Financing) and its subsequent amendments and
from other revenue deposited in the state highway fund or a combination of
those sources. 

 (b)  Requires proceeds from the sale of bonds issued under this section to
be used to fund improvements to the state highway system.  Requires the
commission to fund improvements by considering the potential cost savings,
economic and environmental benefits, and other benefits associated with
completing the project earlier than would be possible using traditional
methods of funding and the effect on the state's transportation system. 

(c)  Prohibits proceeds of bonds issued under this section from being used
for any purpose other than the purposes for which federal revenues are
dedicated under Section 7-b (Revenues from Federal Reimbursement Purposes
for Which Used), Article VIII, Texas Constitution. 

(d)  Authorizes the commission to enter into bond enhancement agreements
relating to the bonds authorized by this section.  Authorizes the
agreements to be secured by and made payable from the same sources as the
bonds. 

 (e)  Requires that bonds issued under this section mature not later than
15 years after their date. 

 (f)  Prohibits bonds issued and bond enhancement agreements entered into
under this section 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 this state in any year
payments are to be due on the obligations. 

(g)  Prohibits the commission from issuing the bonds without the approval
of the Bond Review Board. 

(h)  Provides that before the issuance of bonds or the entering into of a
bond agreement, the proceedings relating to the issuance or agreement are
to be submitted to the attorney general for review and approval.  Requires
the attorney general, if the attorney general finds that the proceedings
conform to law, approve them.  Provides that after this approval the bonds
or agreements are incontestable. 

(i)  Requires the comptroller to withdraw from the state highway fund and
forward to the commission or another person at the direction of the
commission the amounts as determined by the commission to permit timely
payment of certain items. 

SECTION 2.  Effective date: the date on which the constitutional amendment,
proposed by the 77th Legislature, Regular Session, 2001, that authorizes
the legislature to provide for the issuance of bonds for certain
improvements to the state highway system takes effect, if that amendment is
approved by the voters. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. 241, Chapter 222B, Section 222.035,
Transportation Code, as follows: 

(b)  Adds provisions regarding how the commission is to choose the
improvements to be made. Deletes the requirement that the bonds be used to
fund improvements in the Parr, Laredo and El Paso transportation districts. 

(c)  Deletes the provision that Chapters 1201, 1201, 1204, 1231, and 1371,
Government Code, apply to bonds issued under this chapter and predesignated
Subsection (d) in the As Files version as Subsection (c). 

(d)  Renumbered from Subsection (c) in the As Filed version.

(e) - (I) New provisions.

Deletes language from the As Filed version regarding maximum annual debt
service, Sunset advisory commission and border transportation districts
receiving priority for funding and reporting requirements. 

SECTION 2.  Renumbered from Section 3.