HBA-MPM S.B. 4 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 4
By: Shapiro
Transportation
4/12/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the state uses a "pay as you go" model to fund infrastructure
projects.  Under this system, Texas is only able to fund approximately 36
percent of identified and needed projects.  During the last seven years,
vehicle miles traveled on Texas roads have increased 4.1 percent annually,
indicating a substantial increase in traffic and the subsequent need for
additional roads and road improvements.  The lack of adequate funding for
transportation infrastructure suggests the need to establish other funding
mechanisms. Senate Bill 4 authorizes the Texas Transportation Commission to
issue and enter into obligations and credit agreements to finance the
construction, acquisition, and  improvement of state highways and other
mobility projects through the Texas Mobility Fund. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 4 amends the Transportation Code to establish provisions
regarding the Texas Mobility Fund (fund) for the issuance of obligations
for financing the construction, reconstruction, and expansion of state
highways and other mobility projects.   

The bill requires the comptroller of public accounts (comptroller) to hold
the fund, and the Texas Transportation Commission (commission) through the
Texas Department of Transportation (TxDOT) to manage and administer the
fund.  The bill requires that income on money in the fund be deposited in
the fund.  The bill authorizes the commission to issue obligations in the
name and on behalf of the state and TxDOT and to enter into credit
agreements.  The obligations may be issued as long-term or short-term
obligations or both, the scheduled maturity of which may not exceed 30
years. 

The bill specifies that obligations must be secured and payable from a
pledge of and lien on all or part of the money in the fund, and provides
that they may be additionally secured by and payable from credit
arrangements. The bill provides that obligations may be issued to:  

_pay all or part of the costs of constructing, reconstructing, acquiring,
and expanding state highways;  
_provide participation by the state in the payment of part of the costs
associated with toll roads and other transportation projects;  

_create debt service reserve accounts, paying interest on obligations for
no longer than two years; 
 
_refund or cancel outstanding obligations; and

_to pay the commission's cost of issuance.

 The bill sets forth conditions for certification by the comptroller for
the issuance of long- and short-term obligations.  The commission is
authorized to agree to restrictions in connection with the issuance of
obligations and may retain independent professional consultants to make
projections in addition to those made by the comptroller if necessary. 

The bill authorizes the commission to guarantee on the state's behalf the
payment of any obligations and credit agreements issued under the
provisions of the bill.  The exercise of this authority does not relieve
the commission from complying with conditions under which bonds may be
issued, nor does it permit the issuance of aggregate obligations in an
amount exceeding the maximum obligation amount.  The bill requires that, if
the commission exercises this authority, a constitutional appropriation be
implemented and observed by all state officers during any period during
which obligations and credit arrangements are outstanding and unpaid. 

The bill provides for annual dedications to the fund from the miscellaneous
and general revenue of the state in an amount determined by the General
Appropriations Act.  The bill authorizes money in the fund to be invested
as permitted under law governing the investment of money on deposit in the
state highway fund. The commission is authorized to limit the types of
investments eligible for the investment of money in the fund. 

EFFECTIVE DATE

The Act takes effect on the date when the proposed constitutional amendment
creating the Texas Mobility Fund and authorizing the issuance of
obligations for financing the construction, reconstruction, acquisition,
acquisition, and expansion of state highways and other mobility projects
takes effect.