85R1318 JTS-D
 
  By: Hall S.B. No. 84
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a pilot project for financing certain Texas Department
  of Transportation projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 223, Transportation Code,
  is amended by adding Section 223.251 to read as follows:
         Sec. 223.251.  DEPARTMENT PILOT FINANCING PROJECT USING
  ECONOMIC IMPACT ZONE.  (a)  The department may select one nontolled
  highway project under a design-build contract to be financed,
  including through the issuance of bonds, wholly or partly using
  revenue from:
               (1)  transportation reinvestment zones under
  Subchapter E, Chapter 222; and
               (2)  an economic impact zone under Subsection (b).
         (b)  The department may establish an economic impact zone for
  an area that extends not more than one mile on either side of the
  centerline of the project. If a zone is created:
               (1)  the department shall notify the comptroller of the
  establishment of the zone not later than the 30th day after the date
  the zone is established; and
               (2)  the comptroller shall:
                     (A)  at the beginning of each calendar year,
  estimate the projected annual increase in state sales tax revenue
  in the zone during the calendar year over the amount of state sales
  tax revenue in the zone during the calendar year in which the zone
  was established;
                     (B)  monthly deposit into a separate account
  outside the treasury, without the necessity of an appropriation,
  one-twelfth of the amount of the estimated projected annual
  increase calculated under Paragraph (A); and
                     (C)  at the end of each calendar year:
                           (i)  transfer from the account to the
  department for the purpose of financing the project, an amount
  necessary to pay the costs of the project as described by Subsection
  (d), not to exceed the actual increase in state sales tax revenue in
  the zone during the calendar year over the amount of the state sales
  tax revenue in the zone during the calendar year in which the zone
  was established; and
                           (ii)  transfer to the general revenue fund
  any amounts remaining in the account after the transfer.
         (c)  The department may require that the municipalities in
  which the project is located assume responsibility for project
  costs for rights-of-way and utility relocation.
         (d)  Revenue described by Subsection (b) may be used only
  for:
               (1)  development and construction of the project;
               (2)  payment of debt incurred for the project; and
               (3)  maintenance of the project.
         (e)  Financing agreements for a project financed under this
  section must contain provisions to allow the early retirement of
  debt using money from an economic impact zone under Subsection (b)
  or money appropriated by the legislature.
         (f)  The maturity date of any bonds issued for the project
  may not be extended after the bonds are issued, including through
  the use of refunding bonds or other refinancing agreements, unless
  the extension of the maturity date will decrease the total amount of
  interest to be paid until maturity.
         SECTION 2.  This Act takes effect August 31, 2017.