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A BILL TO BE ENTITLED
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AN ACT
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relating to the permissible uses of the state highway fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.115(d), Transportation Code, is |
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amended to read as follows: |
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(d) Notwithstanding Section 222.001, money in the state |
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highway fund may be used to repay a loan under this section, if |
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permissible under the Texas Constitution and appropriated by the |
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legislature for that purpose. |
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SECTION 2. Section 222.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 222.001. USE OF STATE HIGHWAY FUND. (a) Money that is |
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required to be used for public roadways by the Texas Constitution or |
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federal law and that is deposited in the state treasury to the |
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credit of the state highway fund, including money deposited to the |
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credit of the state highway fund under Title 23, United States Code, |
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may be used only: |
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(1) to improve the state highway system; or |
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(2) to mitigate adverse environmental effects that |
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result directly from construction or maintenance of a state highway |
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by the department[; or
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[(3)
by the Department of Public Safety to police the
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state highway system and to administer state laws relating to
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traffic and safety on public roads]. |
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(b) Except as otherwise provided by this code, money in the |
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state highway fund that is not described by Subsection (a) may be |
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used only to improve the state highway system. |
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SECTION 3. Section 222.073, Transportation Code, is amended |
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to read as follows: |
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Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. To the |
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extent permissible under [Notwithstanding] Section 222.001, the |
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commission shall use money deposited in the bank to: |
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(1) encourage public and private investment in |
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transportation facilities both within and outside of the state |
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highway system, including facilities that contribute to the |
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multimodal and intermodal transportation capabilities of the |
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state; and |
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(2) develop financing techniques designed to: |
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(A) expand the availability of funding for |
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transportation projects and to reduce direct state costs; |
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(B) maximize private and local participation in |
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financing projects; and |
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(C) improve the efficiency of the state |
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transportation system. |
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SECTION 4. Section 222.002, Transportation Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2011. |
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SECTION 6. This Act takes effect only if the constitutional |
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amendment proposed by the 81st Legislature, Regular Session, 2009, |
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limiting the purposes for which revenue from taxes on motor fuels |
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and lubricants may be used and authorizing the legislature to |
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provide for automatic adjustments of the rates of motor fuels taxes |
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is approved by the voters. If that amendment is not approved by the |
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voters, this Act has no effect. |