81R6768 JD-D
 
  By: Wentworth S.B. No. 746
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the permissible uses of the state highway fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.115(d), Transportation Code, is
  amended to read as follows:
         (d)  Notwithstanding Section 222.001, money in the state
  highway fund may be used to repay a loan under this section, if
  permissible under the Texas Constitution and appropriated by the
  legislature for that purpose.
         SECTION 2.  Section 222.001, Transportation Code, is amended
  to read as follows:
         Sec. 222.001.  USE OF STATE HIGHWAY FUND. (a)  Money that is
  required to be used for public roadways by the Texas Constitution or
  federal law and that is deposited in the state treasury to the
  credit of the state highway fund, including money deposited to the
  credit of the state highway fund under Title 23, United States Code,
  may be used only:
               (1)  to improve the state highway system; or
               (2)  to mitigate adverse environmental effects that
  result directly from construction or maintenance of a state highway
  by the department[; or
               [(3)     by the Department of Public Safety to police the
  state highway system and to administer state laws relating to
  traffic and safety on public roads].
         (b)  Except as otherwise provided by this code, money in the
  state highway fund that is not described by Subsection (a) may be
  used only to improve the state highway system.
         SECTION 3.  Section 222.073, Transportation Code, is amended
  to read as follows:
         Sec. 222.073.  PURPOSES OF INFRASTRUCTURE BANK. To the
  extent permissible under [Notwithstanding] Section 222.001, the
  commission shall use money deposited in the bank to:
               (1)  encourage public and private investment in
  transportation facilities both within and outside of the state
  highway system, including facilities that contribute to the
  multimodal and intermodal transportation capabilities of the
  state; and
               (2)  develop financing techniques designed to:
                     (A)  expand the availability of funding for
  transportation projects and to reduce direct state costs;
                     (B)  maximize private and local participation in
  financing projects; and
                     (C)  improve the efficiency of the state
  transportation system.
         SECTION 4.  Section 222.002, Transportation Code, is
  repealed.
         SECTION 5.  This Act takes effect September 1, 2011.
         SECTION 6.  This Act takes effect only if the constitutional
  amendment proposed by the 81st Legislature, Regular Session, 2009,
  to limit the purposes for which revenues from motor vehicle
  registration fees, taxes on motor fuels and lubricants, and certain
  revenues received from the federal government may be used is
  approved by the voters. If that amendment is not approved by the
  voters, this Act has no effect.