RESOLUTION ANALYSIS

 

 

 

C.S.H.J.R. 83

By: Martinez

International Relations & Economic Development

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Due to the vital role international bridges play in the local economy of many communities along the U.S.-Mexico border, there have been calls to provide these communities the authority to invest their own funds to improve international trade and border security by either improving the infrastructure of locally owned bridges or by donating entirely new projects, such as a border inspection facility, to the United States. C.S.H.J.R. 83 proposes a constitutional amendment authorizing the state or a municipality or county to unconditionally donate certain property to the United States 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 certain public-private partnerships.

 

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. 83 proposes an amendment to the Texas Constitution to authorize the state or a municipality or county to unconditionally donate the following 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.

 

C.S.H.J.R. 83 authorizes the state or a municipality or county, for the purposes of making such a donation, to issue public securities as provided under general law for financing public works, without the necessity of further or amendatory legislation, to:

·       finance the acquisition of eligible property or the construction of eligible improvements; or

·       refund or refinance existing debt incurred by the state or the municipality or county to acquire such property or to construct such improvements.

 

C.S.H.J.R. 83 establishes that an election is not required to authorize such a public security regardless of whether the security is payable from property taxes.

 

C.S.H.J.R. 83 authorizes the state or a municipality or county to use public money to pay costs associated with a public-private partnership to establish public works for border crossing security or for international bridge trade corridors.

 

ELECTION DATE

 

The constitutional amendment proposed by this joint resolution will be submitted to the voters at an election to be held November 5, 2019.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.J.R. 83 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute includes provisions providing that the public securities may be issued without the necessity of further or amendatory legislation and that an election is not required to authorize the public security.

 

The substitute specifies that the bill's authorization for the state or a municipality or county to use public money to pay for costs associated with a public-private partnership applies with respect to such a partnership to establish public works for border crossing security or for international bridge trade corridors.

 

The substitute revises the text of the proposed ballot question.