2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter A. General Provisions › Section 222.003. Issuance of Bonds Secured by State Highway Fund

Sec. 222.003.  ISSUANCE OF BONDS SECURED BY STATE HIGHWAY FUND.  (a)  The commission may issue bonds and other public securities secured by a pledge of and payable from revenue deposited to the credit of the state highway fund.
(b)  The aggregate principal amount of the bonds and other public securities that are issued may not exceed $6 billion.  The commission may only issue bonds or other public securities in an aggregate principal amount of not more than $1.5 billion each year.
(c)  Proceeds from the sale of bonds and other public securities issued under this section shall be used to fund state highway improvement projects.
(d)  Of the aggregate principal amount of bonds and other public securities that may be issued under this section, the commission shall issue bonds or other public securities in an aggregate principal amount of $1.2 billion to fund projects that reduce collisions or correct or improve hazardous locations on the state highway system.  The commission by rule shall prescribe criteria for selecting projects eligible for funding under this section.  In establishing criteria for the projects, the commission shall consider collision data, traffic volume, pavement geometry, and other conditions that can create or exacerbate hazardous roadway conditions.
(e)  The proceeds of bonds and other public securities issued under this section may not be used for any purpose other than any costs related to the bonds and other public securities and the purposes for which revenues are dedicated under Section 7-a, Article VIII, Texas Constitution.
(f)  The commission may enter into credit agreements, as defined by Chapter 1371, Government Code, relating to the bonds and other public securities authorized by this section.  The agreements may be secured by and payable from the same sources as the bonds and other public securities.
(g)  All laws affecting the issuance of bonds and other public securities by governmental entities, including Chapters 1201, 1202, 1204, 1207, 1231, and 1371, Government Code, apply to the issuing of bonds and other public securities and the entering into of credit agreements under this section.
(h)  The proceeds of bonds and other public securities issued under this section may be used to:
(1)  finance other funds relating to the public security, including debt service reserve and contingency;  and
(2)  pay the cost or expense of the issuance of the public security.
(i)  Bonds and other public securities and credit agreements authorized by this section may not have a principal amount or terms that, at the time the bonds or other public securities are issued or the agreements entered into, are expected by the commission to cause annual expenditures with respect to the obligations to exceed 10 percent of the amount deposited to the credit of the state highway fund in the immediately preceding year.
(j)  Bonds and other public securities issued under this section may be sold in such manner and subject to such terms and provisions as set forth in the order authorizing their issuance, and such bonds and other public securities must mature not later than 20 years after their dates of issuance, subject to any refundings or renewals.
(k)  The comptroller shall withdraw from the state highway fund and forward at the direction of the commission to another person the amounts as determined by the commission to permit timely payment of:
(1)  the principal of and interest on the bonds and other public securities that mature or become due;  and
(2)  any cost related to the bonds and other public securities that become due, including payments under credit agreements.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 5.01, eff. Sept. 13, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 14.01, eff. June 11, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 259 (H.B. 1201), Sec. 6, eff. June 17, 2011.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 7, eff. September 1, 2023.