SRC-JBJ S.J.R. 16 77(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 16
77R5021 DWS-FBy: Shapiro
State Affairs
2/20/2001
As Filed


DIGEST AND PURPOSE 

Under Texas' current transportation funding system, some identified needs
are not being met.  In recent years, the number of motorists on Texas
roadways, as well as the vehicle miles traveled on those roadways, has
increased at a faster rate than the production of new lanes to carry the
growing number of motorists.  As proposed, S.J.R. 16 provides for the
establishment of the Texas Mobility Fund, a supplement to the current
funding system, allowing the Texas Transportation Commission to issue bonds
on a limited basis for transportation, construction, and improvement. 

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 Article III, Texas Constitution, by adding Section 49-k,
as follows: 

 Sec. 49-k.  (a)  Defines "commission," "comptroller," "fund," and
"obligations." 

(b)  Provides that the Texas mobility fund (fund) is created with the
comptroller of public accounts (comptroller) as a revolving fund to provide
a method of financing the construction and acquisition of extensions,
improvements, and expansions of the state's highways and roads and related
infrastructure, as determined by the Texas Transportation Commission or its
successor (commission) in accordance with standards and procedures
established by law. 

(c)  Authorizes money in the fund, including the proceeds of any financing,
to also be used to provide participation by the state in the payment of a
portion of the costs of construction and providing publicly owned toll
roads and other public transportation projects in accordance with
procedures, standards, and limitations established by law. Requires income
on money in the fund to be deposited in the fund. 

(d)  Authorizes the commission to issue and sell obligations of the state,
and enter into related credit agreements, that are payable from and secured
by a pledge of a lien on all or part of the money on deposit from time to
time in the fund in an aggregate principal amount that can be repaid when
due from the money that is required, by law enacted under Subsection (e) of
this section, to be deposited in the fund, as that aggregate amount is
projected by the comptroller in accordance with procedures established by
law.  Requires the obligations to be issued for one or more of the certain
specific purposes authorized by law, and in the manner, to the extent, on
the terms, and subject to the limitations prescribed or permitted by law. 

(e)  Authorizes the legislature by law to dedicate to the fund one or more
specific sources or portions or a specific amount of the revenue, including
taxes, and other  money of the state.  Authorizes the legislature, in
exercising that authority, to dedicate to the fund only that portion of the
money received form the levy and collection of motor vehicle registration
fees and from taxes on motor fuels and lubricants that are dedicated for
public highway and roadway purposes by Section 7-a, Article VIII, of this
constitution that result from certain conditions. 

(f)  Requires money dedicated as provided by this section, appropriated
when received by the state, to be deposited in the fund.  Authorizes that
money to be used as provided by this section and law enacted under this
section without further appropriation. Prohibits, while money in the fund
is pledged to the payment of any outstanding obligations or related credit
agreements, the dedication of a specific source or portion of revenue,
taxes, or other money made as provided by this section from being reduced,
rescinded, or repealed unless the legislature by law follows certain
procedures. 

(g)  Authorizes the legislature to by law authorize, in addition to the
dedication of specified sources or amounts of revenue, taxes, or money as
provided by Subsection (e) of this section, the commission to guarantee the
payment of any obligation and credit agreements issued and executed by the
commission under the authority of this section by pledging the full faith
and credit of the state to that payment if dedicated revenue is
insufficient for that purpose.  Provides that if that authority is granted
and is implemented by the commission, while any of the bonds, notes, other
obligations, or credit agreements are outstanding and unpaid, and for any
fiscal year during which the dedicated revenue, taxes, and money are
insufficient to make all payments when due, there is appropriated out of
the first money coming into the treasury in each fiscal year that is not
otherwise appropriated by this constitution, an amount that is sufficient
to pay the principal of the obligations and agreements that become due
during that fiscal year, minus any amount in the fund that is available for
that payment in accordance with applicable law.  Requires that this
appropriation be deposited in the fund. 

(h)  Requires all obligations and related credit agreements to be issued
and executed under the authority of this section to be submitted to the
attorney general for approval as to their legality.  Requires the attorney
general, if the attorney general finds that they will be issued in
accordance with this section and applicable law, to approve them. Provides
that after payments are made by the purchasers in accordance with the terms
of sale approved by the attorney general, those obligations and related
credit agreements are incontestable for any cause. 

(i)  Prohibits obligations and credit agreements issued or executed under
the authority of this section from being included in the computation
required by Section 49-j, Article III, of this constitution, except for a
specific exception.  Requires those obligations and credit agreements, if
money in a specified amount has been dedicated to the fund without
specification of its source or the authority granted by Subsection (g) of
this section has been implemented, to be included to the extent the
comptroller projects that general funds of the state, if any, will be
required to pay amounts due on or on account of the obligations and credit
agreements. 

(j)  Authorizes the collection and deposit of the amounts required by this
section, applicable law, and contract to be applied to the payment of
obligations and related credit agreements issued, executed, and secured
under the authority of this section to be enforced by mandamus against the
commission, an agency governed by the commission, and the comptroller in a
district court of Travis County, and the sovereign immunity of the state is
waived for that purpose. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an  election to be held November 6, 2001.  Requires the
ballot to be printed to permit voting for or against the proposition: "the
constitutional amendment creating the Texas Mobility Fund and authorizing
the issuance of obligations for financing the construction and acquisition
of extensions, improvements, and expansions of the state's highways and
roads and other mobility projects.