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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of the state highway fund to participate in the |
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costs associated with a toll facility of a public or private entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 |
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is required to be used for public roadways by the Texas Constitution |
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or 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; |
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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) Notwithstanding Section 222.103, the department may not |
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pledge or otherwise encumber money deposited in the state highway |
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fund to: |
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(1) guarantee a loan obtained by a public or private |
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entity for costs associated with a toll facility of the public or |
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private entity; or |
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(2) insure bonds issued by a public or private entity |
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for costs associated with a toll facility of the public or private |
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entity. |
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SECTION 2. Section 222.001(b), Transportation Code, as |
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added by this Act, applies only to an agreement to pledge or |
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otherwise encumber money in the state highway fund that is entered |
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into on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |