By: Phillips	H.B. No. 3793

	A BILL TO BE ENTITLED
	AN ACT
	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 [Subsection] (b)
	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 [of] sporting goods to report to the
	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[; 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)  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 [Notwithstanding] Section 222.001, the
	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.