Bill Text: TX HB3793 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the permissible uses of the state highway fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Ways & Means [HB3793 Detail]
Download: Texas-2011-HB3793-Introduced.html
By: Phillips | H.B. No. 3793 |
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relating to the permissible uses of the state highway fund. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 151.801, Tax Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) Except for the amounts allocated under Subsections (b), | ||
(b-1), and (c), all proceeds from the collection of the taxes | ||
imposed by this chapter shall be deposited to the credit of the | ||
general revenue fund. | ||
(b-1) The amount of the proceeds from the collection of the | ||
taxes imposed by this chapter on the sale, storage, or use of new | ||
and used motor vehicle tires and new and used motor vehicle parts | ||
shall be deposited to the credit of the state highway fund. | ||
(d) The comptroller shall determine the amount to be | ||
deposited to the highway fund under Subsections [ |
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and (b-1) according to available statistical data indicating the | ||
estimated average or actual consumption or sales of lubricants used | ||
to propel motor vehicles over the public roadways, new and used | ||
motor vehicle tires, and new and used motor vehicle parts. The | ||
comptroller shall determine the amounts to be deposited to the | ||
funds or accounts under Subsection (c) according to available | ||
statistical data indicating the estimated or actual total receipts | ||
in this state from taxable sales of sporting goods. If satisfactory | ||
data are not available, the comptroller may require taxpayers who | ||
make taxable sales or uses of those lubricants, motor vehicle | ||
tires, motor vehicle parts, or [ |
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comptroller as necessary to make the allocation required by | ||
Subsection (b), (b-1), or (c). | ||
SECTION 2. Section 201.115(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) Notwithstanding Section 222.001, money in the state | ||
highway fund may be used to repay a loan under this section, if | ||
permissible under the Texas Constitution and appropriated by the | ||
legislature for that purpose. | ||
SECTION 3. 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; or | ||
(2) to mitigate adverse environmental effects that | ||
result directly from construction or maintenance of a state highway | ||
by the department[ |
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(b) Except as otherwise provided by this code, money in the | ||
state highway fund that is not described by Subsection (a) may be | ||
used only to improve the state highway system. | ||
SECTION 4. Section 222.073, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. To the | ||
extent permissible under [ |
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commission shall use money deposited in the bank to: | ||
(1) encourage public and private investment in | ||
transportation facilities both within and outside of the state | ||
highway system, including facilities that contribute to the | ||
multimodal and intermodal transportation capabilities of the | ||
state; and | ||
(2) develop financing techniques designed to: | ||
(A) expand the availability of funding for | ||
transportation projects and to reduce direct state costs; | ||
(B) maximize private and local participation in | ||
financing projects; and | ||
(C) improve the efficiency of the state | ||
transportation system. | ||
SECTION 5. Section 222.002, Transportation Code, is | ||
repealed. | ||
SECTION 6. This Act takes effect September 1, 2011. | ||
SECTION 7. This Act takes effect only if the constitutional | ||
amendment proposed by the 81st Legislature, Regular Session, 2009, | ||
limiting the purposes for which revenue from taxes on motor fuels | ||
and lubricants may be used and authorizing the legislature to | ||
provide for automatic adjustments of the rates of motor fuels taxes | ||
is approved by the voters. If that amendment is not approved by the | ||
voters, this Act has no effect. |