By:  Krusee                                                       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 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 a new Chapter 1479, to read as follows:
	CHAPTER 1479 BONDS FOR FACILITIES ON THE STATE HIGHWAY SYSTEM           
	Sec. 1479.001.  County Bonds to Construct, Maintain or 
Operate Facilities on the State Highway System.
	(a)  A county may issue bonds from time to time for the 
purpose of providing funds for the design, development, financing, 
construction, maintenance, operation, extension, expansion or 
improvement of a toll or nontoll improvement or facility on the 
State highway system in the county or as a continuation of such 
improvement or facility in adjacent counties.
	(b)  To provide for the payment of bonds issued pursuant to 
this section, a county may:
		(1)  pledge revenues from any available source 
including payments received under agreements with the Texas 
Department of Transportation including agreements executed 
pursuant to Section 222.104, Transportation Code;
		(2)  subject to any applicable constitutional 
limitation, pledge, levy and collect taxes; 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 issuing bonds under this section may exercise 
any of the rights or powers of the governing body of an issuer under 
Chapter 1371, Government Code.
	(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.