SRC-JLB, JEC C.S.H.B. 471 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 471
By: Pickett (Lucio)
Infrastructure Development and Security
5/23/2003
Committee Report (Substituted)


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. 

C.S.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

Rulemaking authority is expressly granted to the Texas Transportation
Commission in SECTION 3 (Section 222.003, Transportation Code) of this
bill. 

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.  Amends Subchapter A, Chapter 222, Transportation Code, by
adding Section 222.003, as follows: 

 Sec.  222.003.  ISSUANCE OF BONDS SECURED BY STATE HIGHWAY FUND.  (a)
Authorizes TTC to issue bonds and other public securities secured by a
pledge of and payable from revenue deposited to the credit of the state
highway fund. 

(b)  Prohibits the aggregate principal amount of the bonds and other
public securities that are issued from exceeding $10 billion.  Authorizes
TTC to only issue bonds or other public securities in an aggregate
principal amount of not more than $1 billion each year. 

(c)  Requires proceeds from the sale of bonds and other public securities
issued under this section to be used to fund state highway improvement
projects. Authorizes proceeds to be used only to provide certain funding. 

  (d)  Defines "Texas Highway Trunk System."

(e)  Requires TTC, of the aggregate principal amount of bonds and other
public securities that may be issued under this section, to issue bonds or
other public securities in an aggregate principal amount of $2 billion to
fund projects eligible under Subsection (c)(1)(D).  Requires TTC by rule
to prescribe criteria for selecting projects eligible for funding under
this section.  Requires TTC, in establishing criteria for projects
eligible under Subsection (c)(1)(D), to consider accident data, traffic
volume, payment geometry, and other conditions that can create or
exacerbate hazardous roadway conditions. 

(f)  Prohibits the proceeds of bonds and other public securities issued
under this section from being used for any purpose other than any costs
related to the bonds and other public securities and the purposes for
which revenues are dedicated under Section 7-a, Article VIII, Texas
Constitution.  Prohibits the proceeds of bonds and other public securities
issued under this section from being used for the construction of a state
highway or other facility on the Trans-Texas Corridor. Defines
"Trans-Texas Corridor." 

(g)  Authorizes TTC to enter into credit agreements, as defined by Chapter
1371, Government Code, relating to the bonds and other public securities
authorized by this section.  Authorizes the agreements to be secured by
and payable from the same sources as the bonds and other public
securities. 

(h)  Provide that all laws affecting the issuance of bonds and other
public securities by governmental entities, including Chapters 1201, 1202,
1204, 1207, 1231, and 1371, Government Code, apply to the issuing of bonds
and other public securities and the entering into of credit agreements
under this section.   

(i)  Authorizes the proceeds of bonds and other public securities issued
under this section to be used to pay certain debts. 

(j)  Prohibits bonds and other public securities and credit agreements
authorized by this section from having a principal amount or terms that,
at the time the bonds or other public securities are issued or the
agreements entered into, are expected by TTC to cause annual expenditures
with respect to the obligations to exceed 10 percent of the amount
deposited to the credit of the state highway fund in the immediately
preceding year. 

(k)  Authorizes bonds and other public securities issued under this
section to be sold in such manner and subject to such terms and provisions
as set forth in the order authorizing their issuance, and requires such
bonds and other public securities to mature not later than 20 years after
their dates of issuance, subject to any refunding or renewals. 

  (l)  Requires the comptroller to withdraw from the state highway fund
and forward  at the direction of TTC to another person the amounts as
determined by TTC to permit certain timely payments. 

(m)  Prohibits TTC from funding a project unless TTC makes a formal
finding by minute order that the funding of the project will satisfy the
requirements of Subsection (c). 

SECTION 4.  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 5.  (a)  Provides that SECTIONS 1 and 3 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, and the issuance of bonds and other
public securities secured by the state highway fund takes effect.
Provides that if that amendment is not approved by the voters, SECTIONS 1
and 3 of this Act have no effect. 

(b)  Provides that SECTIONS 2 and 4 of this Act take effect September 1,
2003.