H.B. 1806 78(R)    BILL ANALYSIS


H.B. 1806
By: Hill
Transportation
 Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Funding constraints at all levels of government are making it more
difficult to effectively address mobility concerns utilizing traditional
means, such as the "pay-as-you-go" system currently used by the Texas
Department of Transportation to fund almost all transportation projects.
This lack of adequate funding for needed state highway and other public
transportation projects makes it necessary for the Texas Department of
Transportation to seek new and innovative solutions to satisfy
transportation demand.   

The Texas Mobility Fund was established in 2001 as a fund supplementary to
the "pay-as-you-go" system that allows the Texas Transportation Commission
to issue bonds, notes, and other obligations to pay all or part of the
costs of constructing, reconstructing, acquiring, and expanding state
highways and other public transportation projects that will improve
mobility for Texas motorists.  The commission may issue obligations
secured by and payable from a pledge of and lien on all or part of the
money in the Texas Mobility Fund.  

The Legislature has not yet dedicated or appropriated any money to the
Texas Mobility Fund.  The purpose of H.B. 1806 is to authorize the Texas
Transportation Commission to issue certain obligations and enter into
credit agreements securing the obligations that may be used to fund needed
transportation projects without regard to whether there is sufficient
money in the Texas Mobility Fund to secure the payment of the obligations
or credit agreements.    

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

HB 1806 amends Subchapter M, Chapter 201, Transportation Code, by adding
Section 201.9431, as follows: 

Sec. 201.9431.  OBLIGATIONS NOT SECURED BY FUND

Sec. 201.9431(a).  Authorizes the Texas Transportation Commission to by
order issue not more than $1 billion in obligations, enter into credit
agreements relating to the obligations, and guarantee on behalf of the
state payment of the obligations and credit agreements by pledging the
full faith and credit of the state without securing payment of the
obligations and credit agreements by a pledge of and lien on all or part
of money in the Texas Mobility Fund or obtaining a projection or
certification from the comptroller as to the amount of money on deposit in
the fund. 

Sec. 201.9431(b).  Provides that the Texas Transportation Commission may
issue obligations and enter into credit agreements under Section
201.9431(a) without regard to whether there is any or sufficient money in
the Texas Mobility Fund. 

 Sec. 201.9431(c).  Provides that except as provided by Section 201.9431,
all other provisions of Subchapter M, Chapter 201 apply to obligations
issued and credit agreements entered into under that section.  

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.