BILL ANALYSIS

H.B. 3844

By: Smith, Wayne

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law designating Spur 330 as the Veterans Memorial Highway provides that private funding must be used to fund the design and construction of memorial markers for the highway. The Texas attorney general (AG) ruled that "private funds" meant no government funds could be used for the approximately $16,000 signage cost. This precludes the city of Baytown from funding the cost. It also precludes the city from accepting donations since the AG ruled that once the donations are made they become "public funds."

H.B. 3844 authorizes a donation of public funds, private funds, or a combination of both to be used for signage designating Spur 330 as the Veterans Memorial Highway.

RULEMAKING AUTHORITY

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

ANALYSIS

H.B. 3844 amends Section 225.059(d), Transportation Code, as added by Chapter 546 (H.B. 1136), Acts of the 79th Legislature, Regular Session, 2005, to include public funds, or a combination of public and private funds, with private funds in the specification that the Texas Department of Transportation (TxDOT) is not required to design, construct, or erect a marker to designate the Veterans Memorial Highway unless a grant or donation of such funds is made to TxDOT to cover the cost of the marker.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.