SRC-JEC H.B. 471 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 471
By: Pickett (Lucio)
Infrastructure Development and Security
5/20/2003
Engrossed


DIGEST AND PURPOSE 

The state comptroller's review of the Texas Department of Transportation
(TxDOT) in January 2001 recommended that TxDOT be given the authority to
borrow funds on a short-term basis, either from the state treasury or from
outside capital markets, in order to allow TxDOT to manage its cash
position more aggressively. 

H.B. 471 authorizes the Texas Transportation Commission to authorize TxDOT
to borrow money from the state treasury or any other source for
transportation-related 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 Subchapter C, Chapter 201, Transportation Code, by
adding Section 201.115, as follows: 

Sec. 201.115.  BORROWING MONEY.  (a) Authorizes the Texas Transportation
Commission (TTC) to borrow money from any source to carry out the
functions of the Texas Department of Transportation (TxDOT). 

(b)  Authorizes a loan under this section to be in the form of an
agreement, note, contract, or other form as determined by TTC and to
contain any provisions TTC considers appropriate, except the term of the
loan may not exceed two years, the amount of the loan, combined with any
amounts outstanding on other loans under this section, may not exceed the
average monthly revenue deposited to the state highway fund for the 12
months preceding the month of the loan, and the loan may not create
general obligation of the state and is payable only as authorized by
legislative appropriation. 

(c)  Provides that if the commission borrows money by the issuance of
notes, the notes shall be issued in accordance with the requirements of
Subchapter N, except that the maturity limitations in Subsection (b)
supersede the maturity limitations in Section 201.963. 

(d)  Provides that, notwithstanding Section 222.001, money in the state
highway fund may be used to repay a loan under this section, if
appropriated by the legislature for that purpose. 

SECTION 2.  Amends Chapter 201, Transportation Code, by adding Subchapter
N, as follows: 

SUBCHAPTER N.  HIGHWAY TAX AND REVENUE ANTICIPATION NOTES

Sec. 201.961.  DEFINITIONS.  Defines:  "committee," "credit agreement,"
and "notes." 

Sec. 201.962.  NOTES AUTHORIZED; COMMITTEE APPROVAL.  (a) Authorizes  TTC,
in anticipation of a temporary cash flow shortfall in the state highway
fund during any fiscal year, subject to the approval of the cash
management committee (committee), to issue, sell, and deliver tax and
revenue anticipation notes on behalf of the state. 

(b)  Requires TTC, before issuing the notes, to submit to the committee a
state highway fund cash flow shortfall forecast containing a detailed
report of estimated revenue and expenditures. Authorizes the committee,
based on the forecast, to approve the issuance of notes in an amount not
to exceed the maximum temporary cash flow shortfall forecast. 

Sec. 201.963.  ISSUANCE OF NOTES.  (a)  Authorizes TTC, consistent with
the committee's determination under Section 201.962, to issue, sell, and
deliver the notes. 

(b)  Provides that notes issued under this subchapter are not debts of the
state and may be used only to make up a temporary shortfall in the state
highway fund's cash flow.  Provides that all notes must mature and be paid
in full during the fiscal biennium in which they were issued. 

(c)  Requires that, except as otherwise provided by this subsection, the
proceeds of the notes be deposited in a special fund in the state treasury
known as the highway tax and revenue anticipation note fund.  Requires
that, notwithstanding any other provision of law, depository interest be
credited to the fund.  Requires TxDOT to transfer the net proceeds from
the fund to the state highway fund as necessary to pay authorized
expenditures.  Authorizes the comptroller to invest funds in the highway
tax and revenue anticipation note fund as authorized under Section
404.024, Government Code.  Provides that proceeds of a credit agreement
may be deposited as provided by the order authorizing the credit
agreement. 

(d)  Authorizes TTC to exercise the powers granted to the governing body
of an issuer in connection with the issuance of obligations under Chapter
1371, Government Code, to the extent not inconsistent with this
subchapter.  Provides that the notes are not subject to review by the Bond
Review Board but are subject to review and approval by the attorney
general as provided by Chapter 1371, Government Code.  Authorizes the
comptroller, on request, to assist TTC with the issuance of notes under
this subchapter. 

(e)  Provides that TTC is an authorized issuer under Chapter 1201,
Government Code, and that chapter applies to notes authorized by this
subchapter. 

(f)  Authorizes amounts in the highway tax and revenue anticipation note
fund to be pledged to secure the payment of the notes and performance of
obligations under credit agreements relating to the notes and to be used
to pay issuance costs and required rebates to the federal government. 

Sec. 201.964.  FUND TRANSFERS; INTEREST; PAYMENT OF NOTES.  (a) Requires
TxDOT periodically to transfer cash received in the state highway fund to
the highway tax and revenue anticipation note fund to ensure the timely
payment of the notes. 

(b)  Requires TxDOT, on payment of all outstanding notes, rebates to the
federal government, and costs of issuance, to transfer to the state
highway fund any amounts remaining in the highway tax and revenue
anticipation note fund. Provides that if amounts credited to the highway
tax and revenue anticipation note fund are insufficient to pay principal,
any premium, interest, issuance costs, and any required rebate to the
federal government, amounts in the state highway fund are available for
appropriation by the legislature to make those payments. 

SECTION 3.  Provides that, for the fiscal biennium beginning September 1,
2003, TxDOT is appropriated all money deposited in the highway tax and
revenue anticipation note fund for the purposes specified in Subchapter N,
Chapter 201, Transportation Code, as added by this Act,  during that
biennium.  Provides that, to the extent that money deposited into the
highway tax and revenue anticipation note fund is insufficient to pay the
principal of, any premium or interest on, or costs of issuance relating to
the notes, and rebates to the federal government, TxDOT is appropriated
from the state highway fund the amounts necessary for the full repayment
of all principal of, any premium or interest on, or costs of issuance
relating to the notes, and rebates to the federal government. 

SECTION 4.  (a)  Provides that SECTION  1 of this Act takes effect on the
date on which the constitutional amendment proposed by the 78th
Legislature, Regular Session, 2003, providing for authorization of the
borrowing of money on a short-term basis by a state transportation agency
for transportation-related projects takes effect.  Provides that if that
amendment is not approved by the voters, SECTION 1 of this Act has no
effect. 

(b)  Provides that SECTIONS 2 and 3 of this Act take effect September 1,
2003.