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SECTION 1. (a) The speaker of
the house of representatives shall appoint nine members to a House Select
Committee on Transportation Funding, Expenditures, and Finance and
designate one member as chair. The lieutenant governor shall appoint nine
members to a Senate Select Committee on Transportation Funding,
Expenditures, and Finance and designate one member as chair. The speaker
and lieutenant governor shall make the appointments not later than November
30, 2013.
(b) The committees
established under this section may meet separately at the call of the chair
of the committee or jointly at the call of both chairs. In joint meetings,
the chairs shall act as joint chairs.
(c) The committees
established under this section, meeting separately or jointly, shall
review, study, and evaluate:
(1) the future reliability of
all current state transportation funding sources;
(2) alternatives that may
increase available state funding for surface transportation, including an
examination of increases to current surface-transportation-related funding
streams and possible diversions of non-surface-transportation-related
funding streams toward surface transportation funding;
(3) the use of debt financing
in state transportation funding, including the uses of the Texas Mobility
Fund, and the effects on long-term transportation planning of using debt
financing;
(4) alternative
transportation funding options in use nationally and internationally;
(5) current and historic
appropriations to the Texas Department of Transportation, including:
(A) whether that agency's
budget structure best maximizes the application of limited public funds
toward highway maintenance and construction;
(B) whether there are
opportunities to reduce the use of money from the state highway fund by
that agency for activities not related to highway maintenance and
construction, including such uses as employee salaries and benefits; and
(C) possible benefits of
developing a budget for that agency for the 2016-2017 state fiscal biennium
using zero-based budgeting principles;
(6) the uses of the state
highway fund for agencies other than the Texas Department of
Transportation, including and emphasizing the use of that fund for the
Department of Public Safety of the State of Texas; and
(7) the original purpose of
the economic stabilization fund established by Section 49-g, Article III,
Texas Constitution, whether that purpose remains relevant, and whether it
remains appropriate to continue using the net amount of oil and gas production
taxes received in the 1987 state fiscal year as the basis for making
general revenue transfers to the economic stabilization fund.
(d) Following consideration
of the factors described by Subsection (c) of this section, the committees
established under this section shall jointly adopt recommendations related
to the reviewed subjects and shall provide a written report of the
committees' recommendations on the reviewed subjects to the legislature not
later than November 1, 2014.
(e) The committees established
under this section may exercise any power of a committee of their
respective chambers and any powers of a joint committee. For the purposes
of this Act, the committees established under this section are considered a
joint committee and the cost of operation of each committee may be borne in
the same manner as the cost of a joint committee. The Texas Legislative
Council may provide funding for the operations of the committees. To the
extent not inconsistent with this resolution, the joint rules adopted by
the 83rd Legislature for the administration of joint interim legislative
study committees apply to the committees established under this section.
(f) This section expires
January 13, 2015.
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SECTION 3. Substantially the
same as introduced version.
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No
equivalent provision.
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SECTION 1. Subchapter A,
Chapter 222, Transportation Code, is amended by adding Section 222.0031 to
read as follows:
Sec. 222.0031. REQUIRED
REPAYMENT OF BONDS. (a) On or before August 31, 2015, the department shall
identify and implement savings and efficiencies that result in a total
savings of at least $100 million in funds appropriated to the department
for the state fiscal biennium ending August 31, 2015. The amount saved is
appropriated for the state fiscal biennium ending August 31, 2015, to the
department from the source from which the money was originally appropriated
for the purpose of reducing the principal of and interest on bonds and
other public securities issued, and bond enhancement agreements entered
into, by the commission as authorized by Section 49-n, Article III, Texas
Constitution, as proposed by H.J.R. 28, 78th Legislature, Regular Session,
2003.
(b) To make payments
required under Subsection (a), the department:
(1) shall maximize the use
of all amounts appropriated to the department;
(2) may use savings
realized through operational efficiencies, cost reductions, and cost
savings; and
(3) may not reduce the
amount of funding available for transportation projects.
(c) Not later than August
31, 2015, the department shall report in writing to the legislature on the
implementation of this section.
(d) This section expires
September 1, 2015.
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SECTION 2. (a) Chapter 316,
Government Code, is amended by adding Subchapter H to read as follows:
SUBCHAPTER H. PRESERVATION
OF SUFFICIENT BALANCE IN ECONOMIC STABILIZATION FUND
Sec. 316.091. DEFINITIONS.
In this subchapter:
(1) "Board" means the Legislative Budget Board.
(2) "Fund" means
the economic stabilization fund.
Sec. 316.092. DETERMINATION
OF SUFFICIENT BALANCE; LEGISLATIVE APPROVAL.
(a) For the purposes of
Section 49-g(c-2), Article III, Texas Constitution, before the board submits the budget as prescribed by Section
322.008(c), the board shall determine and adopt for the next state
fiscal biennium a sufficient balance of the fund in an amount that the board estimates will ensure an appropriate
amount of revenue available in the fund. In determining the sufficient
balance for that fiscal biennium, the board
shall consider:
(1) the history of fund
balances;
(2) the history of
transfers to the fund;
(3) estimated fund
balances during that fiscal biennium;
(4) estimated transfers to
the fund to occur during that fiscal biennium;
(5) information available
to the board regarding state highway
congestion and funding demands; and
(6) any other information
requested by the board regarding the
state's financial condition.
(b) On or before October 1
of each even-numbered year, the comptroller shall provide to the board the comptroller's projection of the
amounts to be transferred to the fund during the next state fiscal
biennium.
(c) The legislature by adoption of a resolution approved by at least
two-thirds of the members of each house must approve the sufficient balance
of the fund determined by the board under this section. If the legislature
does not adopt a resolution as provided by this subsection, the comptroller
shall adjust the allocation of amounts to be transferred to the fund and to
the state highway fund as provided by Section 49-g(c), Article III, Texas
Constitution, so that the total of those amounts are transferred to the
economic stabilization fund, except that the comptroller shall reduce a
transfer made under this subsection as necessary to prevent the amount in
the fund from exceeding the limit in effect for that biennium under Section
49-g(g) of that article.
Sec. 316.093. ADJUSTMENT
OF CONSTITUTIONAL ALLOCATIONS TO FUND AND STATE HIGHWAY FUND. (a) Before
the comptroller makes transfers for a state fiscal year in accordance with
Section 49-g(c), Article III, Texas Constitution, the comptroller shall
determine whether the sum of the balance of the fund on the preceding
August 31, any projected transfer to the fund under Sections 49-g(b) of
that article, and any projected transfer to the fund under Section 49-g(c)
of that article in accordance with the allocations for the transfer as
provided by Section 49-g(c-1) of that article is less than the sufficient
balance adopted under Section 316.092.
(b) If the sum described
by Subsection (a) is less than the sufficient balance adopted under Section
316.092, the comptroller shall adjust
the allocation of amounts to be transferred
to the fund and to the state highway fund as provided by Section
49-g(c), Article III, Texas Constitution, so
that:
(1) the amount allocated for transfer to the fund is increased by an
additional amount equal to the lesser of the remaining one-half of the sum
of the amounts allocated for transfer under Sections 49-g (d) and (e) of
that article or the amount necessary for the sufficient balance to be
reached when considered together with other estimated transfers to the fund
during the then-current fiscal year; and
(2) the amount allocated for transfer to the state highway fund is
reduced by the amount of the increased allocation to the fund under
Subdivision (1).
(c) If the board has not adopted under Section 316.092 a
sufficient balance for the comptroller to consider under this
section, the comptroller shall adjust the allocation of amounts to be
transferred to the fund and to the state highway fund as provided by
Section 49-g(c), Article III, Texas Constitution, so that the total of
those amounts are transferred to the economic stabilization fund, except
that the comptroller shall reduce a transfer made under this subsection as
necessary to prevent the amount in the fund from exceeding the limit in
effect for that biennium under Section 49-g(g) of that article.
(d) As soon as practicable
after the effective date of this section, the
board shall determine and adopt a sufficient balance of the fund
applicable to the transfers to be made under Section 49-g(c), Article III,
Texas Constitution, for the state fiscal year beginning September 1, 2014,
and a sufficient balance of the fund applicable to the transfers to be made
under that section for the next fiscal biennium. The comptroller may not
make the transfers required under that
section for the state fiscal year beginning September 1, 2014, until
the board has adopted a sufficient
balance under this subsection. However, if the board has not adopted the balance before the 30th day after
the effective date of this section, the comptroller shall make that
transfer on the 30th day after the effective date of this section in
accordance with Subsection (c) of this section. This subsection expires
September 1, 2015.
(b) This section takes effect
immediately on the final canvass of the election on the constitutional
amendment proposed by the 83rd Legislature, 3rd Called Session, 2013, to
provide for the transfer of certain general revenue to the economic
stabilization fund and the state highway fund and for the dedication of the
revenue transferred to the state highway fund, but only if that amendment
is approved by the voters. If that amendment is not approved by the voters,
this section has no effect.
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SECTION 2. (a) Chapter 316,
Government Code, is amended by adding Subchapter H to read as follows:
SUBCHAPTER H. PRESERVATION
OF SUFFICIENT BALANCE IN ECONOMIC STABILIZATION FUND
Sec. 316.091. DEFINITION. In
this subchapter,
"fund" means the
economic stabilization fund.
Sec. 316.092.
DETERMINATION OF SUFFICIENT FUND
BALANCE. (a) Not later than September 1 of
each even-numbered year, the speaker of the house of representatives and
the lieutenant governor shall appoint a select committee as follows:
(1) the speaker of the house of representatives shall appoint five
members of the house appropriations committee as members of the committee;
and
(2) the lieutenant governor shall appoint five members of the senate
finance committee as members of the committee.
(b) For the purposes of
Section 49-g(c-2), Article III, Texas Constitution, not later than December 1 of each even-numbered year, the select
committee shall determine and adopt for the next state fiscal
biennium a sufficient balance of the fund in an amount that the committee estimates will ensure an
appropriate amount of revenue available in the fund. In determining the
sufficient balance for that fiscal biennium, the committee shall consider:
(1) the history of fund
balances;
(2) the history of transfers
to the fund;
(3) estimated fund
balances during that fiscal biennium;
(4) estimated transfers to
the fund to occur during that fiscal biennium;
(5) information available
to the committee regarding state
highway congestion and funding demands; and
(6) any other information
requested by the committee regarding
the state's financial condition.
(c) On or before October 1
of each even-numbered year, the comptroller shall provide to the select committee the comptroller's
projection of the amounts to be transferred to the fund during the next
state fiscal biennium.
(d) The sufficient fund balance adopted by the select committee under
Subsection (b) may be adjusted by filing a resolution proposing that a
different amount be adopted as the sufficient fund balance. The resolution
must be filed not later than the 30th day of the regular legislative
session that begins after the date the sufficient fund balance is adopted
by the committee, and must be approved by a majority of the members of both
houses of the legislature not later than the 60th day of that legislative
session or the resolution has no effect. If the resolution is approved as
provided by this subsection, the amount of the sufficient fund balance
specified in the resolution is adopted and supersedes the balance adopted
by the committee under Subsection (b).
Sec. 316.093. ADJUSTMENT
OF CONSTITUTIONAL ALLOCATIONS TO FUND AND STATE HIGHWAY FUND. (a) Before
the comptroller makes transfers for a state fiscal year in accordance with
Section 49-g(c), Article III, Texas Constitution, the comptroller shall
determine whether the sum of the balance of the fund on the preceding
August 31, any projected transfer to the fund under Section 49-g(b) of that
article, and any projected transfer to the fund under Section 49-g(c) of
that article in accordance with the allocations for the transfer as
provided by Section 49-g(c-1) of that article is less than the sufficient
balance adopted under Section 316.092.
(b) If the sum described
by Subsection (a) is less than the sufficient balance adopted under Section
316.092, the comptroller shall reduce
the allocation to the state highway fund provided by Section 49-g(c),
Article III, Texas Constitution, and increase
the allocation to the economic stabilization fund, in an equal amount,
until the sufficient balance adopted under Section 316.092 is achieved.
(c) If under Section 316.092 a sufficient balance has not
been adopted for the comptroller to consider under this section, the
comptroller shall adjust the allocation of amounts to be transferred to the
fund and to the state highway fund provided by Section 49-g(c), Article
III, Texas Constitution, so that the total of those amounts is transferred
to the economic stabilization fund, except that the comptroller shall
reduce a transfer made under this subsection as necessary to prevent the
amount in the fund from exceeding the limit in effect for that biennium
under Section 49-g(g) of that article.
(d) As soon as practicable
after the effective date of this section, the
speaker of the house of representatives and the lieutenant governor shall
appoint a select committee in the manner required by Section 316.092(a),
and that committee shall determine and adopt a sufficient balance of
the fund applicable to the transfers to be made under Section 49-g(c),
Article III, Texas Constitution, for the state fiscal year beginning
September 1, 2014, and a sufficient balance of the fund applicable to the
transfers to be made under that subsection for the next fiscal biennium. The
comptroller may not make the transfers required under Section 49-g of that article for the state
fiscal year beginning September 1, 2014, until the committee has adopted a sufficient balance under this
subsection. However, if the committee
has not adopted the balance before the 30th day after the effective date of
this section, the comptroller shall make that transfer on the 30th day
after the effective date of this section in accordance with Subsection (c).
This subsection expires September 1, 2015.
Sec. 316.094. ALLOCATION OF CERTAIN AMOUNTS TRANSFERRED TO STATE
HIGHWAY FUND. (a) Amounts transferred to the state highway fund under
Section 49-g(c), Article III, Texas Constitution, when appropriated, must
be used and allocated throughout the state by the Texas Department of
Transportation consistent with existing formulas adopted by the Texas
Transportation Commission.
(b) This section takes effect
immediately on the final canvass of the election on the constitutional
amendment proposed by the 83rd Legislature, 3rd Called Session, 2013, to
provide for the transfer of certain general revenue to the economic
stabilization fund and to the state highway fund and for the dedication of
the revenue transferred to the state highway fund, but only if that
amendment is approved by the voters. If that amendment is not approved by
the voters, this section has no effect.
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