The question the Texas Attorney General Answered: whether the Texas Transportation Commission may use Proposition 1 and Proposition 7 funds on toll projects.
What complicated the question & answer: That roads in Texas are often mixed, partially free and partially tolled.
Why do roads that have tolled and free lanes make the answer more complicated? There is no guidance in statute and no guidance in case law for whether a “toll road” and “toll project” are the same and thus the constitutional funding ban applies.
What would clarify this in 2019 legislation: A definition of “toll project” as a “toll road”
What wiggle room is there? The use of funds for non-tolled roads within a toll project, with a mechanism that ensures that the funds are spent for their constitutional purpose.