79R10990 MTB-D


By:  Krusee                                                       H.B. No. 2705

Substitute the following for H.B. No. 2705:                                   

By:  Phillips                                                 C.S.H.B. No. 2705



A BILL TO BE ENTITLED

AN ACT

relating to the authority of counties to issue bonds to construct, 
maintain, or operate toll or nontoll projects or facilities on the 
state highway system.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle I, Title 9, Government Code, is amended 
by adding Chapter 1479 to read as follows:
	CHAPTER 1479.  COUNTY BONDS FOR FACILITIES ON STATE HIGHWAY SYSTEM
	Sec. 1479.001.  DEFINITION.  In this chapter, "state highway 
system" means the highways in this state included in the plan 
providing for a system of state highways prepared under Section 
201.103, Transportation Code.
	Sec. 1479.002.  AUTHORITY TO ISSUE BONDS.  (a)  A county may 
issue bonds to provide funds for the design, development, 
financing, construction, maintenance, operation, extension, 
expansion, or improvement of a toll or nontoll project or facility 
on the state highway system located in the county or, as a 
continuation of the project or facility, in an adjacent county.
	(b)  To provide for the payment of bonds issued under this 
section, a county may:
		(1)  pledge revenue from any available source, 
including payments received under an agreement with the Texas 
Department of Transportation under Section 222.104, Transportation 
Code;
		(2)  pledge, levy, and collect taxes subject to any  
constitutional limitation; or
		(3)  provide for a combination of Subdivisions (1) and 
(2).          
	(c)  Any election required to permit action under Subsection 
(b) must be held in conformance with the Election Code or other law 
applicable to the county.
	(d)  A county that issues bonds under this section may 
exercise any of the rights and powers granted to the governing body 
of an issuer under Chapter 1371.
	(e)  A bond issued under this section must mature not later 
than 40 years after its date of issuance.
	(f)  This section is wholly sufficient authority for the 
issuance of bonds, the pledge of revenues, taxes, or any 
combination of revenues and taxes, and the performance of other 
acts and procedures authorized by this section by a county without 
reference to any other provision of law or any restriction or 
limitation contained in those provisions, except as specifically 
provided by this section.  To the extent of any conflict or 
inconsistency between this section and any other law, this section 
shall prevail and control.  A county may use any law not in conflict 
with this section to the extent convenient or necessary to carry out 
any power or authority, expressed or implied, granted by this 
section.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.