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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of general obligation bonds by the Texas |
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Transportation Commission to fund state highways, publicly owned |
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toll roads, and other publicly owned transportation projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 222, Transportation Code, |
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is amended by adding Section 222.007 to read as follows: |
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Sec. 222.007. CENTURY BONDS. (a) In this section: |
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(1) "Bonds" means bonds, notes, and other public |
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securities. |
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(2) "Credit agreement" has the meaning assigned by |
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Section 1371.001, Government Code. |
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(3) "Transportation project" means the construction |
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or provision of a tolled or nontolled project, the primary purpose |
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of which is to preserve or facilitate the movement of people or |
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goods by any mode of transportation. The term includes buildings, |
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structures, parking areas, appurtenances, rights-of-way, rolling |
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stock, and other property needed for the project, but does not |
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include a project that is primarily for recreational purposes such |
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as a hiking trail or off-road vehicle trail. |
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(b) The commission by order or resolution may issue general |
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obligation bonds for the purposes provided in this section. The |
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aggregate principal amount of the bonds that are issued may not |
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exceed the amount specified by Section 49-q(a), Article III, Texas |
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Constitution. |
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(c) The commission may enter into credit agreements |
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relating to the bonds. A credit agreement entered into under this |
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section may be secured by and payable from the same sources as the |
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bonds. |
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(d) The bonds shall be executed in the form, on the terms, |
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and in the denominations, bear interest, and be issued in |
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installments as prescribed by the commission, and must mature not |
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later than 100 years after their dates of issuance, subject to any |
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refundings or renewals. The bonds may be issued in multiple series |
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and issues from time to time and may have the provisions the |
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commission determines appropriate and in the interest of the state. |
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(e) The commission has all powers necessary or appropriate |
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to carry out this section and to implement Section 49-q, Article |
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III, Texas Constitution, including the powers granted to other |
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bond-issuing governmental agencies and units and to nonprofit |
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corporations by Chapters 1201, 1207, and 1371, Government Code. |
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(f) The bonds and the record of proceedings authorizing the |
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bonds and any related credit agreements shall be submitted to the |
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attorney general for approval as to their legality. If the attorney |
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general finds that they will be issued in accordance with this |
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section and other applicable law, the attorney general shall |
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approve them and deliver them to the comptroller for registration. |
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After approval by the attorney general, registration by the |
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comptroller, and payment by the purchasers of the bonds in |
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accordance with the terms of sale and after execution and delivery |
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of the related credit agreements, the bonds and related credit |
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agreements are incontestable for any cause. |
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(g) Bonds may be issued for one or more of the following |
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purposes: |
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(1) to pay all or part of the costs of constructing, |
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reconstructing, acquiring, and expanding state highways, including |
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any necessary design and acquisition of rights-of-way; |
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(2) to provide participation by the state in the |
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payment of part of the costs of constructing and providing publicly |
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owned toll roads and other publicly owned transportation projects; |
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and |
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(3) to pay: |
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(A) the costs of administering projects |
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authorized under this section; |
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(B) the cost or expense of the issuance of the |
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bonds; |
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(C) refunding bonds and related credit |
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agreements authorized by this section; or |
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(D) all or part of a payment owed or to be owed |
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under a credit agreement. |
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(h) The comptroller shall pay the principal of the bonds as |
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they mature and the interest as it becomes payable and shall pay any |
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cost related to the bonds that becomes due, including payments |
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under credit agreements. |
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SECTION 2. This Act takes effect on the date on which the |
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constitutional amendment proposed by the 83rd Legislature, Regular |
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Session, 2013, providing for the issuance of general obligation |
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bonds by the Texas Transportation Commission in an amount not to |
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exceed $3 billion to provide funding for state highways, publicly |
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owned toll roads, and other publicly owned transportation projects, |
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takes effect. If that amendment is not approved by the voters, this |
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Act has no effect. |