RESOLUTION ANALYSIS

 

 

 

C.S.H.J.R. 61

By: Martinez, "Mando"

Land & Resource Management

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note that both border crossing security and international bridge trade corridors are vital interests of the state but that inadequate funding for border infrastructure has hindered the development of these interests. The parties additionally note a willingness among many local communities to invest their own funds to improve local infrastructure for these purposes. C.S.H.J.R. 61 seeks to address this issue by proposing a constitutional amendment authorizing the state or a municipality or county to donate certain property to the United States to promote border crossing security or international bridge trade corridors.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this resolution does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

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

 

ANALYSIS

 

C.S.H.J.R. 61 proposes an amendment to the Texas Constitution to authorize the state or a municipality or county to unconditionally donate to the United States to promote border crossing security or international bridge trade corridors real property acquired by and improvements to that property acquired or constructed by the state or the municipality or county and technology or equipment acquired by the state or the municipality or county. The resolution authorizes the state or a municipality or county, for such purposes, to issue public securities as provided under general law for financing public works to finance the acquisition of the property or the construction of the improvements or to refund or finance existing debt incurred by the state or the municipality or county to acquire the property or to construct the improvements. The resolution authorizes the state or a municipality or county to use public money to pay lease payments, service payments, user fees, debt service, or other costs associated with a public‑private partnership.

 

ELECTION DATE

 

The constitutional amendment proposed by this joint resolution will be submitted to the voters at an election to be held November 7, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.J.R. 61 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the resolution.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Article III, Texas Constitution, is amended by adding Section 52l to read as follows:

Sec. 52l.  A political subdivision may unconditionally donate to the United States real property and improvements to that property, technology, or equipment acquired by the political subdivision to promote border security or international trade.

 

SECTION 1.  Article III, Texas Constitution, is amended by adding Sections 52m and 52n to read as follows:

Sec. 52m.  (a)  The state or a municipality or county may unconditionally donate to the United States to promote border crossing security or international bridge trade corridors:

(1)  real property acquired by and improvements to that property acquired or constructed by the state or the municipality or county; and

(2)  technology or equipment acquired by the state or the municipality or county.

(b)  For the purposes described by Subsection (a) of this section, the state or a municipality or county may issue public securities as provided under general law for financing public works to:

(1)  finance the acquisition of property described by that subsection or the construction of improvements described by that subsection; or

(2)  refund or refinance existing debt incurred by the state or the municipality or county to acquire property described by that subsection or to construct improvements described by that subsection.

Sec. 52n.  The state or a municipality or county may use public money to pay lease payments, service payments, user fees, debt service, or other costs associated with a public-private partnership.

SECTION 2.  This proposed constitutional amendment shall be submitted to the voters at an election to be held November 7, 2017.  The ballot shall be printed to permit voting for or against the proposition:  "The constitutional amendment authorizing political subdivisions to unconditionally donate to the United States certain property acquired by the political subdivision to promote border security or international trade."

 

SECTION 2.  This proposed constitutional amendment shall be submitted to the voters at an election to be held November 7, 2017.  The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment authorizing the state or a municipality or county to unconditionally donate to the United States certain property acquired or constructed by the state or the municipality or county to promote border crossing security or international bridge trade corridors, to issue public securities to finance the acquisition or construction of that property, and to use public money to make certain payments related to public-private partnerships."