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


Office of House Bill AnalysisC.S.S.B. 4
By: Shapiro
Transportation
5/6/2001
Committee Report (Substituted)



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. C.S.S.B. 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

C.S.S.B. 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 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 that have an expected useful life of at least
10 years;  

_provide participation by the state in the payment of part of the costs
associated with toll roads and other public transportation projects;  

_create debt service reserve accounts;

_pay interest on obligations for no longer than two years;
 
_refund or cancel outstanding obligations; and

 _ pay the commission's cost of issuance.

The bill sets forth conditions for certification by the comptroller for the
issuance of long-term and short-term obligations and provides that the
certification must be based on economic data, forecasting methods, and
projections that the comptroller determines reliable.  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 requires proceedings authorizing obligations and related credit
agreements to be issued and executed to be submitted to the attorney
general for approval as to their legality.   

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 revenue of
the state that is dedicated or appropriated to the fund pursuant to  Texas
Constitution.   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.  The bill
provides that income received from the investment of money in the fund is
required to be deposited in the fund subject to requirements that may be
imposed by the proceedings authorizing obligations to protect the
tax-exempt status of interest payable on the obligations under the Internal
Revenue Code of 1986. 

EFFECTIVE DATE

The Act takes effect on the date when the proposed constitutional amendment
creating the Texas Mobility Fund takes effect and only if  legislation
relating to the participation of the Texas Department of Transportation in
the acquisition, construction, maintenance, and operation of toll
facilities is enacted and becomes law. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 4 differs from the original bill by authorizing obligations to be
issued to pay all or part of the costs of constructing, reconstructing,
acquiring, and expanding state highways that have an expected useful life
of at least 10 years rather than five years. 

The substitute requires proceedings authorizing obligations and related
credit agreements to be issued and executed under the provisions of the
bill to be submitted to the attorney general for approval as to their
legality. 

The substitute provides that income received from the investment of money
in the fund is subject to requirements that may be imposed by the
proceedings authorizing obligations to protect the tax-exempt status of
interest payable on the obligations under the Internal Revenue Code of
1986.  The substitute provides that the bill takes effect only if Senate
Bill 342, 77th Legislature is enacted and  becomes law.