BILL ANALYSIS

 

 

                                                                                                                                              S.J.R. 65

                                                                                                                                       By: Williams

                                                                                                                                    Appropriations

                                                                                                           Committee Report (Amended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, the state needs additional funding for maintenance, improvement, repair, or construction of projects authorized by the legislature that are administered by state agencies.

 

Senate Joint Resolution 65 proposes a constitutional amendment to authorize the issuance of up to $1 billion in general obligation bonds toward the maintenance, improvement, repair, or construction of projects authorized by the legislature and for the purchase of needed equipment.

 

RULEMAKING AUTHORITY

 

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

 

ANALYSIS

 

SECTIONA1.  Amends Article III, Texas Constitution, by adding Section 50-g as follows:

 

Sec.A50-g.  (a)  The legislature by general law may authorize the Texas Public Finance Authority to provide for, issue, and sell general obligation bonds of the State of Texas in an amount not to exceed $1 billion and to enter into related credit agreements. The bonds shall be executed in the form, on the terms, and in the denominations, bear interest, and be issued in installments as prescribed by the Texas Public Finance Authority.

 

(b)  Proceeds from the sale of the bonds shall be deposited in a separate fund or account within the state treasury created by the comptroller of public accounts for this purpose. Money in the separate fund or account may be used only to pay for:

 

(1)  maintenance, improvement, repair, or construction projects authorized by the legislature by general law or the General Appropriations Act and administered by or on behalf of the Texas Building and Procurement Commission, the Parks and Wildlife Department, the Adjutant General’s Department, the Department of State Health Services, the Department of Aging and Disability Services, the Texas School for the Blind and Visually Impaired, the Texas Youth Commission, the Texas Historical Commission, the Texas Department of Criminal Justice, Texas School for the Deaf, or the Department of Public Safety of the State of Texas; or

 

(2)  the purchase, as authorized by the legislature by general law or the General Appropriations Act, of needed equipment by or on behalf of a state agency listed in Subdivision (1) of this subsection.

 

(c)  The maximum net effective interest rate to be borne by bonds issued under this section may be set by general law.

 

(d)  While any of the bonds or interest on the bonds authorized by this section is outstanding and unpaid, from the first money coming into the state treasury in each fiscal year not otherwise appropriated by this constitution, an amount sufficient to pay the principal and interest on bonds that mature or become due during the fiscal year and to make payments that become due under a related credit agreement during the fiscal year is appropriated, less the amount in the sinking fund at the close of the previous fiscal year.

 

(e)  Bonds issued under this section, after approval by the attorney general, registration by the comptroller of public accounts, and delivery to the purchasers, are incontestable and are general obligations of the State of Texas under this constitution.

 

SECTIONA2.  Provides that the proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment authorizing the issuance of up to $1 billion in bonds payable from the general revenues of the state for maintenance, improvement, repair, and construction projects and for the purchase of needed equipment."

 

FOR ELECTION

 

This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007.  If the voters approve the amendment, Senate Joint Resolution 65 takes effect as part of the constitution on the date of the official canvass of returns showing adoption.

 

The ballot proposition will contain the following language: "The constitutional amendment authorizing the issuance of up to $1 billion in bonds payable from the general revenues of the state for maintenance, improvement, repair, and construction projects and for the purchase of needed equipment."

 

EXPLANATION OF AMENDMENTS

 

The amendment replaces Prairie View A&M with Texas School for the Deaf.