By Lucio S.B. No. 190 77R1713 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the financing and construction of highways by the Texas 1-3 Department of Transportation. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 222, Transportation Code, 1-6 is amended by adding Section 222.035 to read as follows: 1-7 Sec. 222.035. ISSUANCE OF GRANT ANTICIPATION REVENUE BONDS. 1-8 (a) The commission may issue bonds secured by a pledge of and 1-9 payable from revenue received or to be received from the federal 1-10 government that is available for the payment of bonds and 1-11 bond-related costs under 23 U.S.C. Section 122 and its subsequent 1-12 amendments and from other revenue deposited in the state highway 1-13 fund. 1-14 (b) Proceeds from the sale of bonds issued under this 1-15 section shall be used to fund improvements to the state highway 1-16 system. The commission shall give priority to: 1-17 (1) North American Free Trade Agreement-related 1-18 projects; and 1-19 (2) completion of the Texas highway trunk system, as 1-20 defined by department rule. 1-21 (c) Chapters 1201, 1202, 1204, 1231, and 1371, Government 1-22 Code, apply to bonds issued under this chapter. 1-23 (d) The proceeds of bonds issued under this section may not 1-24 be used for any purpose other than the purposes for which federal 2-1 revenues are dedicated under Section 7-b, Article VIII, Texas 2-2 Constitution. 2-3 (e) The commission may enter into bond enhancement 2-4 agreements relating to the bonds authorized by this section. The 2-5 agreements may be secured by and made payable from the same sources 2-6 as the bonds. 2-7 (f) The maximum annual debt service in any fiscal year on 2-8 state debt authorized by this section may not exceed 15 percent of 2-9 the amount received from the federal highway trust fund by this 2-10 state in the preceding fiscal year. 2-11 (g) Before September 1, 2004, the Sunset Advisory Commission 2-12 shall review, conduct a performance evaluation of, and prepare a 2-13 written report on the improvements made with the proceeds of bonds 2-14 issued under this section in the manner that Chapter 325, 2-15 Government Code (Texas Sunset Act), requires the Sunset Advisory 2-16 Commission to review, evaluate, and report on a state agency 2-17 scheduled to be abolished on September 1, 2005. The department 2-18 shall perform any duty related to that review and evaluation that 2-19 Chapter 325, Government Code (Texas Sunset Act), imposes on a state 2-20 agency under that chapter. 2-21 (h) In this section, "North American Free Trade 2-22 Agreement-related project" means a project that: 2-23 (1) involves an improvement to existing transportation 2-24 or supporting infrastructure that facilitates passage across the 2-25 Texas-Mexico border of passenger vehicles and commercial motor 2-26 vehicles; 2-27 (2) is related to construction of a highway that aids 3-1 the movement of passenger vehicles and commercial motor vehicles on 3-2 a high priority corridor on the national highway system; 3-3 (3) involves a construction improvement, including an 3-4 improvement relating to electronic data interchange and use of 3-5 telecommunications to expedite movement of vehicular traffic across 3-6 the Texas-Mexico border; or 3-7 (4) is located within 100 miles of the Texas-Mexico 3-8 border. 3-9 (i) This section expires September 1, 2005. 3-10 SECTION 2. Subchapter B, Chapter 223, Transportation Code, 3-11 is amended by adding Section 223.049 to read as follows: 3-12 Sec. 223.049. REPORTING REQUIREMENTS. (a) Not later than 3-13 December 1 of each even-numbered year, the commission shall report 3-14 to the governor, lieutenant governor, and speaker of the house of 3-15 representatives on the use and effectiveness of bonds issued under 3-16 Section 222.035. The report must include: 3-17 (1) a description of the use of: 3-18 (A) matching funds, matching funds relief, and 3-19 local incentives in approved bond projects; 3-20 (B) bonds for the acceleration of the Texas 3-21 highway trunk system as defined by department rule; 3-22 (C) bonds for the acceleration of the 3-23 construction of North American Free Trade Agreement-related 3-24 projects, as defined by Section 222.035; and 3-25 (D) bonds for the development of highway and 3-26 bridge improvements in this state and along the Texas-Mexico 3-27 border; 4-1 (2) a list of projected, planned, and funded projects 4-2 and the location of the projects that have been or will be 4-3 constructed with the proceeds of the bonds issued under Section 4-4 222.035; 4-5 (3) recommended methods for optimum use of the bonds 4-6 and leveraging of state and federal funds to meet the needs of 4-7 international trade; and 4-8 (4) projections for the construction of improvements 4-9 to the state highway system for the next five, 10, and 20 years if 4-10 the authorization to issue bonds under Section 222.035 is 4-11 continued. 4-12 (b) This section expires September 1, 2005. 4-13 SECTION 3. This Act takes effect on the date on which the 4-14 constitutional amendment proposed by the 77th Legislature, Regular 4-15 Session, 2001, that authorizes the legislature to provide for the 4-16 issuance of bonds for certain improvements to the state highway 4-17 system, takes effect. If that amendment is not approved by the 4-18 voters, this Act has no effect.