Bill Text: TX HB3 | 2013 | 83rd Legislature 3rd Special Session | Introduced
Bill Title: Relating to the provision and use of revenue for transportation; making an appropriation.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 2013-08-01 - Left pending in committee [HB3 Detail]
Download: Texas-2013-HB3-Introduced.html
By: Harper-Brown | H.B. No. 3 |
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relating to the provision and use of revenue for transportation; | ||
making an appropriation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter G, Chapter 152, Tax Code, is amended | ||
by adding Section 152.1223 to read as follows: | ||
Sec. 152.1223. ALLOCATION OF CERTAIN TAX REVENUE TO STATE | ||
HIGHWAY FUND. (a) Notwithstanding Section 152.122, in each state | ||
fiscal year beginning on or after September 1, 2015, the | ||
comptroller shall deposit to the credit of the state highway fund an | ||
amount of money that is equal to 33-1/3 percent of the money that: | ||
(1) is received under Sections 152.043, 152.045, | ||
152.047, and 152.121 and is remaining after the comptroller makes | ||
the allocation required by Section 152.1222; and | ||
(2) exceeds the first $3.6 billion of money described | ||
by Subdivision (1) that is received in that fiscal year. | ||
(b) Money deposited to the credit of the state highway fund | ||
under this section may be appropriated only: | ||
(1) for a purpose authorized by Section 7-a, Article | ||
VIII, Texas Constitution; or | ||
(2) to pay for a function performed by or under the | ||
supervision of the Texas Department of Transportation, excluding | ||
toll roads. | ||
SECTION 2. (a) In this section, "biennial state taxes and | ||
fees general revenue estimate" means the amount of revenue stated | ||
in the comptroller's estimate provided in advance of the regular | ||
legislative session as required by Section 49a, Article III, Texas | ||
Constitution, that, based on the laws in effect at the time the | ||
estimate is made, is anticipated to be received by and for the state | ||
from collections of taxes and fees the revenue from which is | ||
anticipated to be deposited to the credit of the general revenue | ||
fund and is not set aside by law for a particular purpose or entity, | ||
including probable changes to that anticipated revenue as shown in | ||
supplemental statements submitted in accordance with Section 49a, | ||
Article III, Texas Constitution. | ||
(b) The comptroller of public accounts shall deposit to the | ||
credit of the state highway fund an amount of money equal to the | ||
amount by which the revenue derived from state taxes and fees that | ||
is received by the comptroller in the state fiscal biennium ending | ||
August 31, 2015, exceeds the estimate of revenue contained in the | ||
biennial state taxes and fees general revenue estimate for that | ||
biennium. The amount of money deposited to the credit of the state | ||
highway fund under this section may not exceed $2,000,000,000. | ||
(c) This section expires September 1, 2015. | ||
SECTION 3. (a) A joint committee shall conduct a study to | ||
evaluate and make recommendations regarding the issues described by | ||
Subsection (d) of this section. | ||
(b) The committee is composed of eight members appointed as | ||
follows: | ||
(1) four members of the senate appointed by the | ||
lieutenant governor; and | ||
(2) four members of the house of representatives | ||
appointed by the speaker of the house of representatives. | ||
(c) The speaker of the house of representatives and the | ||
lieutenant governor jointly shall designate a chair or, | ||
alternatively, designate two co-chairs from among the committee | ||
membership. | ||
(d) The committee shall: | ||
(1) consider whether the continued use of oil and gas | ||
production tax amounts received by this state in the fiscal year | ||
ending August 31, 1987, to determine certain amounts to be | ||
transferred to the economic stabilization fund under Sections | ||
49-g(d) and (e), Article III, Texas Constitution, is appropriate, | ||
or whether different figures should be used when calculating | ||
amounts to be transferred to the fund; | ||
(2) consider whether the current percentage | ||
allocations of certain oil and gas production tax revenue under | ||
Sections 49-g(d) and (e), Article III, Texas Constitution, are | ||
appropriate, or whether changes should be made to those | ||
allocations; | ||
(3) consider whether the manner in which the | ||
limitation on the balance of the economic stabilization fund under | ||
Section 49-g(g), Article III, Texas Constitution, is currently | ||
prescribed is appropriate, or whether changes should be made to the | ||
way that limitation is prescribed; and | ||
(4) examine whether the constitutional provisions | ||
relating to the permissible uses of money in the economic | ||
stabilization fund and the vote requirements necessary to | ||
appropriate money from the fund for those uses are appropriate and | ||
whether changes should be made to either the permissible uses of | ||
money in the fund or the vote requirement to appropriate money from | ||
the fund. | ||
(e) The committee may adopt rules necessary to carry out the | ||
committee's duties under this section. | ||
(f) Except as otherwise specifically provided by this | ||
section, the committee may operate in the same manner as a joint | ||
committee of the 83rd Legislature. | ||
(g) Not later than November 1, 2014, the committee shall | ||
report to the governor and the legislature the recommendations | ||
developed by the committee under this section. | ||
(h) This section expires January 1, 2015. | ||
SECTION 4. The changes in law made by this Act do not affect | ||
tax liability accruing before the effective date of this Act. That | ||
liability continues in effect as if this Act had not been enacted, | ||
and the former law is continued in effect for the collection and | ||
allocation of the revenue from those taxes. | ||
SECTION 5. This Act takes effect on the 91st day after the | ||
last day of the legislative session. |