79R19900 SMH-D
Suspending limitations on conference committee
jurisdiction, H.B. No. 2481 (Bonnen/Harris)
By: Bonnen H.R. No. 2250
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 79th Legislature, Regular Session, 2005, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 2481 (air contaminant
emissions reductions, including the continuation and provisions of
the Texas emissions reduction plan and the use of money currently
dedicated to the Texas emissions reduction plan fund; authorizing
the issuance of bonds) to consider and take action on the following
matter:
(1) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add new Subsection (d), Section 386.252, Health
and Safety Code, to read as follows:
(d) The awarding of a grant from the fund is solely at the
discretion of the commission.
Explanation: The change is necessary to clarify that the
awarding of grants from the Texas emissions reduction plan fund is
solely at the discretion of the Texas Commission on Environmental
Quality.
(2) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add new Section 386.253, Health and Safety Code, to
read as follows:
Sec. 386.253. USE OF FUND FOR BONDS FOR TRANSPORTATION
PROJECTS. (a) Notwithstanding Sections 386.251 and 386.252, in
each state fiscal biennium an amount of money in the fund equal to
the difference between the amount of money deposited to the credit
of the fund in that biennium and the amount of money in the fund
appropriated for the purposes described by those sections for that
biennium may be appropriated only to the commission to pay the
principal of and interest on bonds issued under this section.
(b) The commission and the Texas Department of
Transportation may enter into an intergovernmental agreement under
which the commission agrees to request the Texas Public Finance
Authority to issue on behalf of the commission and department bonds
the proceeds of which are to be used to finance transportation
projects selected by the department. The agreement must require
the Texas Department of Transportation to remit to the comptroller
for deposit to the credit of the fund an amount of discretionary and
unobligated money that is available to the department, that is not
dedicated to or appropriated for other specific purposes, and that
is sufficient to reimburse the fund for any money in the fund that
is used to pay the principal of and interest on the bonds authorized
by the agreement.
(c) The Texas Public Finance Authority may issue bonds on
the request of the commission as provided by this section.
(d) Before September 1, 2010, bonds issued under this
section are payable only from the part of the money in the fund
appropriated under Subsection (a) for the payment of the bonds. On
or after September 1, 2010, bonds issued under this section are
payable from discretionary and unobligated money that is available
to the department and that is not dedicated to or appropriated for
other purposes.
(e) The comptroller may create within the fund accounts,
reserves, and subfunds for purposes the comptroller finds
appropriate and necessary in connection with the issuance of bonds
under this section.
(f) The proceeds of bonds issued under this section may not
be used to construct, maintain, or operate a toll road, toll bridge,
or turnpike.
(g) Bonds may not be issued under this section on or after
September 1, 2010.
Explanation: The change is necessary to permit the Texas
Public Finance Authority at the request of the Texas Commission on
Environmental Quality to issue bonds payable from revenue in the
Texas emissions reduction plan fund to finance transportation
projects selected by the Texas Department of Transportation and to
permit the department to reimburse the fund for the revenue in the
fund used to pay the bonds.
(3) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change the text of added Section 501.138(b-3),
Transportation Code, to read as follows:
(b-3) This subsection and Subsection (b-2) expire September
1, 2013.
Explanation: The change is necessary to extend until
September 1, 2013, the period for which the Texas Department of
Transportation is required to transfer to the Texas emissions
reduction plan fund an amount of money equal to the amount of
certain fees imposed under Section 501.138, Transportation Code,
and deposited to the credit of the Texas Mobility Fund.
(4) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add a new section to read as follows:
SECTION 29. The dedication of money in the Texas emissions
reduction plan fund account made by Section 386.253, Health and
Safety Code, as added by this Act, prevails over any provision of
S.B. No. 1605 or any other Act of the 79th Legislature, Regular
Session, 2005, that purports to abolish a dedication of revenue for
a particular purpose by an Act of the 79th Legislature, Regular
Session, 2005, that becomes law, regardless of the relative dates
of enactment of this Act and the other Act.
Explanation: The change is necessary to prevent the
dedication of money in the Texas emissions reduction plan fund
account made by Section 386.253, Health and Safety Code, as added by
the bill, from being abolished.
(5) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add a new section to read as follows:
SECTION 30. For the state fiscal biennium beginning
September 1, 2005, an amount of money in the Texas emissions
reduction plan fund account equal to the difference between the
amount of money deposited to the credit of the account during that
state fiscal biennium and the amount of money in the account
appropriated for that state fiscal biennium by the 79th
Legislature, Regular Session, 2005, for the purposes described by
Sections 386.251 and 386.252, Health and Safety Code, is
appropriated to the Texas Commission on Environmental Quality for
the purposes described by Section 386.253, Health and Safety Code,
as added by this Act.
Explanation: The change is necessary to appropriate for the
state fiscal biennium beginning September 1, 2005, money in the
Texas emissions reduction plan fund account to be used to pay any
bonds issued under Section 386.253, Health and Safety Code, as
added by the bill.