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  S.B. No. 883
 
 
 
 
AN ACT
  relating to the use of the state highway fund to participate in the
  costs associated with a toll facility of a public or private entity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 222.001, Transportation Code, is amended
  to read as follows:
         Sec. 222.001.  USE OF STATE HIGHWAY FUND. (a)  Money that is
  required to be used for public roadways by the Texas Constitution or
  federal law and that is deposited in the state treasury to the
  credit of the state highway fund, including money deposited to the
  credit of the state highway fund under Title 23, United States Code,
  may be used only:
               (1)  to improve the state highway system;
               (2)  to mitigate adverse environmental effects that
  result directly from construction or maintenance of a state highway
  by the department; or
               (3)  by the Department of Public Safety to police the
  state highway system and to administer state laws relating to
  traffic and safety on public roads.
         (b)  Notwithstanding Section 222.103, the department may not
  pledge or otherwise encumber money deposited in the state highway
  fund to:
               (1)  guarantee a loan obtained by a public or private
  entity for costs associated with a toll facility of the public or
  private entity; or
               (2)  insure bonds issued by a public or private entity
  for costs associated with a toll facility of the public or private
  entity.
         SECTION 2.  Subsection (b), Section 222.001, Transportation
  Code, as added by this Act, applies only to an agreement to pledge
  or otherwise encumber money in the state highway fund that is
  entered into on or after the effective date of this Act, except that
  that section does not apply to an agreement to pledge or otherwise
  encumber money in the state highway fund that is associated with the
  following projects, regardless of whether the agreement is
  finalized on or after the effective date of this Act:
               (1)  the State Highway 161 project in Dallas County;
               (2)  the Southwest Parkway (State Highway 121) in
  Tarrant County from Interstate Highway 30 to Dirks Road/Altamesa
  Boulevard and the Chisholm Trail project from Dirks Road/Altamesa
  Boulevard to U.S. Highway 67 in the city of Cleburne;
               (3)  a project associated with the highway designated
  as the Trinity Parkway in the city of Dallas;
               (4)  the Grand Parkway project (State Highway 99);
               (5)  the Hidalgo Loop project in Hidalgo County from
  U.S. Highway 83 near the Pharr-Reynosa International Bridge to the
  U.S. Highway 83 Expressway in Penitas to U.S. Highway 281 north of
  Edinburg to U.S. Highway 83 west of Farm-to-Market Road 1423 to U.S.
  Highway 83 near the Pharr-Reynosa International Bridge;
               (6)  the U.S. Highway 290 project from east of U.S.
  Highway 183 to east of Farm-to-Market Road 734 in Travis County;
               (7)  the State Highway 71 East project from Riverside
  Drive east to east of State Highway 130 and including the
  interchange at State Highway 71 East/U.S. Highway 183 South in
  Travis County;
               (8)  the U.S. Highway 183 South project from Springdale
  Road south to State Highway 71 East in Travis County;
               (9)  the Loop 1 added capacity project, comprised of
  the addition of a managed lane on Loop 1 from Parmer Lane to State
  Highway 45 South in Travis County;
               (10)  any transaction related to the acquisition by a
  regional mobility authority, a regional tollway authority, or a
  county acting under Chapter 284 of a toll project of the department
  all or a portion of which was existing and in operation prior to
  September 1, 2009;
               (11)  any transaction related to the assumption by a
  regional mobility authority, a regional tollway authority, or a
  county acting under Chapter 284 of the operations of a toll project
  of the department all or a portion of which was existing and in
  operation prior to September 1, 2009;
               (12)  the Loop 49 project from U.S. Highway 69 north of
  Lindale to State Highway 110 in Smith County; or
               (13)  the U.S. Highway 281 project in Bexar County from
  Loop 1604 to the Comal County line and including five direct
  connectors at the Loop 1604/U.S. Highway 281 interchange.
         SECTION 3.  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.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 883 passed the Senate on
  May 5, 2009, by the following vote:  Yeas 28, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 883 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor