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78R8402 ESH-D

By:  Ogden                                                      S.J.R. No. 43 


A JOINT RESOLUTION
proposing a constitutional amendment authorizing the Texas Department of Transportation to borrow money from the permanent school fund to finance the acquisition of rights-of-way. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article VII, Texas Constitution, is amended by adding Section 5a to read as follows: Sec. 5a. (a) The legislature by general law may authorize the State Board of Education to make loans from the permanent school fund for the purpose of acquiring rights-of-way for development of the state highway system. (b) A general law enacted under this section may set the interest rate to be paid on a loan under this section, provided that the interest rate may not be less than the average rate of return for the preceding five state fiscal years on all permanent school fund investments other than a loan under this section. (c) The total principal amount of loans under this section outstanding at any one time may not exceed $1 billion. (d) Any loan under this section must be guaranteed by the first money received under Section 7-a, Article VIII, of this constitution. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 4, 2003. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment allowing the State Board of Education to make loans from the permanent school fund to the State of Texas to be used for the acquisition of rights-of-way for the state highway system, with a limitation of $1 billion on the total principal outstanding at any one time and a guaranteed payment of interest at a rate at least equal to the average rate of return on other permanent school fund investments."