LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
May 17, 2001
TO: Honorable Clyde Alexander, Chair, House Committee on
Transportation
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB409 by Cain (Relating to the powers and duties of the
Texas Turnpike Authority division of the Texas Department
of Transportation, including the power of eminent
domain, and to the abolishment of the board of directors
of that division.), Committee Report 2nd House,
Substituted
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* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. Estimated impact to General Revenue related funds *
* through the biennium ending August 31, 2003 of $0 regardless of *
* whether Scenario l or Scenario 2 takes effect. *
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Scenario 1 below reflects the fiscal implications of SB 4 not being
enacted and SJR 16 not being enacted and approved by the voters.
All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Savings/(Cost) from State *
* Highway Fund *
* 0006 *
* 2002 $0 *
* 2003 0 *
* 2004 0 *
* 2005 0 *
* 2006 0 *
*****************************************************
Scenario 2 below reflects the fiscal implications of the enactment of SB
4 and the enactment and voter approval of SJR 16.
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*Fiscal Probable Revenue Probable Revenue Probable *
* Year Gain/(Loss) from New Gain/(Loss) from Savings/(Cost) from *
* Texas Mobility Fund TXDOT Turnpike State Highway Fund *
* Authority Account/ 0006 *
* GR Dedicated *
* 5038 *
* 2002 $2,300,000 $(2,300,000) $0 *
* 2003 0 0 0 *
* 2004 0 0 0 *
* 2005 0 0 0 *
* 2006 0 0 0 *
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Fiscal Analysis
The bill would amend the Transportation Code to expand eligible
construction costs related to turnpike projects and the authority of the
Texas Turnpike Authority (TTA). The bill would allow turnpike project
costs incurred before the issuance of bonds to be reimbursed from the
proceeds of the sale of the bonds. The bill would also allow the TTA to
use funds from the Texas Department of Transportation (TxDOT) to
undertake turnpike project feasibility studies at the request of the
Texas Transportation Commission (TTC) and would require that any
feasibility study expenditures be repaid from turnpike revenue bond
proceeds or any other proceeds eligible to pay for construction,
improvement, expansion, or operation of the project if it is constructed.
The bill would establish guidelines and requirements for the relocation
of a public utility facility under specific conditions and would abolish
the board of directors of the TTA and transfer all powers and duties of
the TTA to the TTC. The bill would also transfer all unspent and
unobligated appropriations and other funds under control of the TTA to
the TTC.
The bill would take effect immediately if it received the requisite of
two-thirds majority votes of each house of the Legislature. Otherwise,
it would take effect September 1, 2001. Upon the enactment of SB 4, the
bill would require all unspent and unobligated appropriations and other
funds transferred to the TTC from the TTA to be transferred to the Texas
Mobility Fund created by SB 4 on the effective date on which the
constitutional amendment proposed by SJR 16, 77th Legislature, Regular
Session, 2001, takes effect.
The enactment of SB 4 is contingent upon the enactment of SB 342 and the
voter approval of SJR 16. SB 4 would take effect on the date on which
the constitutional amendment, SJR 16, proposed by the 77th Legislature,
Regular Session, 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,
roads, and other mobility projects would take effect. If SJR 16 does
not receive approval by the voters, or if SB 342 is not enacted, SB 4
would have no effect and no transfer would be made to the Texas Mobility
Fund.
Methodology
For the purposes of this analysis, it is assumed in the first scenario
above that no significant increases for turnpike projects would be
realized as a result of the bill; that any expenditures from State
Highway Fund No. 006 would be repaid in accordance with current law; that
SB 4 would not be enacted; and that SJR 16 would not be approved by the
voters.
It is assumed in the second scenario above that no significant increases
for turnpike projects would be realized as a result of the bill; that
any expenditures from State Highway Fund No. 006 would be repaid in
accordance with current law; that SB 4 would be enacted; and that SJR 16
would be approved by the voters. It is estimated that approximately
$2.3 million in appropriations made from the General Revenue - Dedicated
TxDOT Turnpike Authority Account No. 5038 for the 2000-01 biennium would
be unexpended as of August 31, 2001, and that this amount would be
transferred to the credit of the Texas Mobility Fund authorized and
established through SJR 16 and SB 4 for the purposes of that fund.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 601 Texas Department of Transportation
LBB Staff: JK, JO, RT, MW