By: Pickett H.B. No. 1
 
  Substitute the following for H.B. No. 1:
 
  By:  Phillips C.S.H.B. No. 1
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to transportation funding, expenditures, and finance and
  the preservation of a sufficient balance in the economic
  stabilization fund; making an appropriation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 222, Transportation Code,
  is amended by adding Section 222.0031 to read as follows:
         Sec. 222.0031.  REQUIRED REPAYMENT OF BONDS. (a) On or
  before August 31, 2015, the department shall identify and implement
  savings and efficiencies that result in a total savings of at least
  $100 million in funds appropriated to the department for the state
  fiscal biennium ending August 31, 2015. The amount saved is
  appropriated for the state fiscal biennium ending August 31, 2015,
  to the department from the source from which the money was
  originally appropriated for the purpose of reducing the principal
  of and interest on bonds and other public securities issued, and
  bond enhancement agreements entered into, by the commission as
  authorized by Section 49-n, Article III, Texas Constitution, as
  proposed by H.J.R. 28, 78th Legislature, Regular Session, 2003.
         (b)  To make payments required under Subsection (a), the
  department:
               (1)  shall maximize the use of all amounts appropriated
  to the department;
               (2)  may use savings realized through operational
  efficiencies, cost reductions, and cost savings; and
               (3)  may not reduce the amount of funding available for
  transportation projects.
         (c)  Not later than August 31, 2015, the department shall
  report in writing to the legislature on the implementation of this
  section.
         (d)  This section expires September 1, 2015.
         SECTION 2.  (a) Chapter 316, Government Code, is amended by
  adding Subchapter H to read as follows:
  SUBCHAPTER H. PRESERVATION OF SUFFICIENT BALANCE IN
  ECONOMIC STABILIZATION FUND
         Sec. 316.091.  DEFINITION.  In this subchapter, "fund" means
  the economic stabilization fund.
         Sec. 316.092.  DETERMINATION OF SUFFICIENT FUND BALANCE. (a)
  Not later than September 1 of each even-numbered year, the speaker
  of the house of representatives and the lieutenant governor shall
  appoint a select committee as follows:
               (1)  the speaker of the house of representatives shall
  appoint five members of the house appropriations committee as
  members of the committee; and
               (2)  the lieutenant governor shall appoint five members
  of the senate finance committee as members of the committee.
         (b)  For the purposes of Section 49-g(c-2), Article III,
  Texas Constitution, not later than December 1 of each even-numbered
  year, the select committee shall determine and adopt for the next
  state fiscal biennium a sufficient balance of the fund in an amount
  that the committee estimates will ensure an appropriate amount of
  revenue available in the fund.  In determining the sufficient
  balance for that fiscal biennium, the committee shall consider:
               (1)  the history of fund balances;
               (2)  the history of transfers to the fund;
               (3)  estimated fund balances during that fiscal
  biennium;
               (4)  estimated transfers to the fund to occur during
  that fiscal biennium;
               (5)  information available to the committee regarding
  state highway congestion and funding demands; and
               (6)  any other information requested by the committee
  regarding the state's financial condition.
         (c)  On or before October 1 of each even-numbered year, the
  comptroller shall provide to the select committee the comptroller's
  projection of the amounts to be transferred to the fund during the
  next state fiscal biennium.
         (d)  The sufficient fund balance adopted by the select
  committee under Subsection (b) may be adjusted by filing a
  resolution proposing that a different amount be adopted as the
  sufficient fund balance. The resolution must be filed not later
  than the 30th day of the regular legislative session that begins
  after the date the sufficient fund balance is adopted by the
  committee, and must be approved by a majority of the members of both
  houses of the legislature not later than the 60th day of that
  legislative session or the resolution has no effect.  If the
  resolution is approved as provided by this subsection, the amount
  of the sufficient fund balance specified in the resolution is
  adopted and supersedes the balance adopted by the committee under
  Subsection (b).
         Sec. 316.093.  ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO
  FUND AND STATE HIGHWAY FUND. (a) Before the comptroller makes
  transfers for a state fiscal year in accordance with Section
  49-g(c), Article III, Texas Constitution, the comptroller shall
  determine whether the sum of the balance of the fund on the
  preceding August 31, any projected transfer to the fund under
  Section 49-g(b) of that article, and any projected transfer to the
  fund under Section 49-g(c) of that article in accordance with the
  allocations for the transfer as provided by Section 49-g(c-1) of
  that article is less than the sufficient balance adopted under
  Section 316.092.
         (b)  If the sum described by Subsection (a) is less than the
  sufficient balance adopted under Section 316.092, the comptroller
  shall reduce the allocation to the state highway fund provided by
  Section 49-g(c), Article III, Texas Constitution, and increase the
  allocation to the economic stabilization fund, in an equal amount,
  until the sufficient balance adopted under Section 316.092 is
  achieved.
         (c)  If under Section 316.092 a sufficient balance has not
  been adopted for the comptroller to consider under this section,
  the comptroller shall adjust the allocation of amounts to be
  transferred to the fund and to the state highway fund provided by
  Section 49-g(c), Article III, Texas Constitution, so that the total
  of those amounts is transferred to the economic stabilization fund,
  except that the comptroller shall reduce a transfer made under this
  subsection as necessary to prevent the amount in the fund from
  exceeding the limit in effect for that biennium under Section
  49-g(g) of that article.
         (d)  As soon as practicable after the effective date of this
  section, the speaker of the house of representatives and the
  lieutenant governor shall appoint a select committee in the manner
  required by Section 316.092(a), and that committee shall determine
  and adopt a sufficient balance of the fund applicable to the
  transfers to be made under Section 49-g(c), Article III, Texas
  Constitution, for the state fiscal year beginning September 1,
  2014, and a sufficient balance of the fund applicable to the
  transfers to be made under that subsection for the next fiscal
  biennium.  The comptroller may not make the transfers required
  under Section 49-g of that article for the state fiscal year
  beginning September 1, 2014, until the committee has adopted a
  sufficient balance under this subsection.  However, if the
  committee has not adopted the balance before the 30th day after the
  effective date of this section, the comptroller shall make that
  transfer on the 30th day after the effective date of this section in
  accordance with Subsection (c).  This subsection expires September
  1, 2015.
         Sec. 316.094.  ALLOCATION OF CERTAIN AMOUNTS TRANSFERRED TO
  STATE HIGHWAY FUND. (a)  Amounts transferred to the state highway
  fund under Section 49-g(c), Article III, Texas Constitution, when
  appropriated, must be used and allocated throughout the state by
  the Texas Department of Transportation consistent with existing
  formulas adopted by the Texas Transportation Commission.
         (b)  This section takes effect immediately on the final
  canvass of the election on the constitutional amendment proposed by
  the 83rd Legislature, 3rd Called Session, 2013, to provide for the
  transfer of certain general revenue to the economic stabilization
  fund and to the state highway fund and for the dedication of the
  revenue transferred to the state highway fund, but only if that
  amendment is approved by the voters. If that amendment is not
  approved by the voters, this section has no effect.
         SECTION 3.  (a)  The speaker of the house of representatives
  shall appoint nine members to a House Select Committee on
  Transportation Funding, Expenditures, and Finance and designate
  one member as chair.  The lieutenant governor shall appoint nine
  members to a Senate Select Committee on Transportation Funding,
  Expenditures, and Finance and designate one member as chair.  The
  speaker and lieutenant governor shall make the appointments not
  later than November 30, 2013.
         (b)  The committees established under this section may meet
  separately at the call of the chair of the committee or jointly at
  the call of both chairs.  In joint meetings, the chairs shall act as
  joint chairs.
         (c)  The committees established under this section, meeting
  separately or jointly, shall review, study, and evaluate:
               (1)  the future reliability of all current state
  transportation funding sources;
               (2)  alternatives that may increase available state
  funding for surface transportation, including an examination of
  increases to current surface-transportation-related funding
  streams and possible diversions of
  non-surface-transportation-related funding streams toward surface
  transportation funding;
               (3)  the use of debt financing in state transportation
  funding, including the uses of the Texas Mobility Fund, and the
  effects on long-term transportation planning of using debt
  financing;
               (4)  alternative transportation funding options in use
  nationally and internationally;
               (5)  current and historic appropriations to the Texas
  Department of Transportation, including:
                     (A)  whether that agency's budget structure best
  maximizes the application of limited public funds toward highway
  maintenance and construction;
                     (B)  whether there are opportunities to reduce the
  use of money from the state highway fund by that agency for
  activities not related to highway maintenance and construction,
  including such uses as employee salaries and benefits; and
                     (C)  possible benefits of developing a budget for
  that agency for the 2016-2017 state fiscal biennium using
  zero-based budgeting principles;
               (6)  the uses of the state highway fund for agencies
  other than the Texas Department of Transportation, including and
  emphasizing the use of that fund for the Department of Public Safety
  of the State of Texas; and
               (7)  the original purpose of the economic stabilization
  fund established by Section 49-g, Article III, Texas Constitution,
  whether that purpose remains relevant, and whether it remains
  appropriate to continue using the net amount of oil and gas
  production taxes received in the 1987 state fiscal year as the basis
  for making general revenue transfers to the economic stabilization
  fund.
         (d)  Following consideration of the factors described by
  Subsection (c) of this section, the committees established under
  this section shall jointly adopt recommendations related to the
  reviewed subjects and shall provide a written report of the
  committees' recommendations on the reviewed subjects to the
  legislature not later than November 1, 2014.
         (e)  The committees established under this section may
  exercise any power of a committee of their respective chambers and
  any powers of a joint committee. For the purposes of this section,
  the committees established under this section are considered a
  joint committee and the cost of operation of each committee may be
  borne in the same manner as the cost of a joint committee.  The Texas
  Legislative Council may provide funding for the operations of the
  committees.  To the extent not inconsistent with this section, the
  joint rules adopted by the 83rd Legislature for the administration
  of joint interim legislative study committees apply to the
  committees established under this section.
         (f)  This section expires January 13, 2015.
         SECTION 4.  Except as otherwise provided by this Act:
               (1)  this Act takes effect immediately if it receives a
  vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution; and
               (2)  if this Act does not receive the vote necessary for
  immediate effect, this Act takes effect on the 91st day after the
  last day of the legislative session.