Bill Text: TX SB1428 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to authorizing the designation of an area adjacent to a state highway project as a transportation finance zone, and authorizing the revenue from the state sales and use taxes imposed in the zone to be deposited in a revolving fund and used to repay financial assistance provided from the fund for highway projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-18 - Left pending in committee [SB1428 Detail]
Download: Texas-2011-SB1428-Introduced.html
By: Ogden | S.B. No. 1428 | |
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relating to authorizing the designation of an area adjacent to a | ||
state highway project as a transportation finance zone, and | ||
authorizing the revenue from the state sales and use taxes imposed | ||
in the zone to be deposited in a revolving fund and used to repay | ||
financial assistance provided from the fund for highway projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 222, Transportation Code, | ||
is amended by adding Section 222.005 to read as follows: | ||
Sec. 222.005. TRANSPORTATION FINANCE ZONES. (a) The | ||
commission by order or resolution may designate as a transportation | ||
finance zone an area that is adjacent to the right-of-way of an | ||
existing or proposed state highway project and within two miles on | ||
either side of the centerline of the state highway. The area | ||
designated as a transportation finance zone may extend more than | ||
two miles on either side of the centerline of a state highway if | ||
necessary, as determined by the commission, to avoid the splitting | ||
of a location in which the sale, storage, use, or other consumption | ||
of a taxable item would be consummated. Each transportation | ||
finance zone shall be designated by the commission with a separate | ||
number or name. | ||
(b) The designation of a transportation finance zone is not | ||
effective until the legislature has reviewed and approved the | ||
designation and boundaries of the zone. | ||
(c) Notwithstanding Section 151.801(a), Tax Code, proceeds | ||
from the collection of the taxes imposed by that chapter in | ||
connection with a sale, storage, use, or other consumption that is | ||
consummated in a transportation finance zone shall be deposited in | ||
the state infrastructure bank or similar revolving fund authorized | ||
by law, to be used for the repayment of financial assistance | ||
provided from the revolving fund for highway projects as provided | ||
by law. | ||
(d) The proceeds from the collection of taxes deposited to | ||
the credit of a revolving fund under Subsection (c) may only be used | ||
for the repayment of financial assistance provided to the | ||
department for tolled or nontolled highway projects within the | ||
transportation finance zone in which the taxes were collected, and | ||
may not be used to provide financial assistance for a project | ||
developed, constructed, or operated by a private entity under a | ||
comprehensive development agreement. | ||
(e) In any state fiscal year the comptroller may not deposit | ||
more than $250 million to the credit of a revolving fund under | ||
Subsection (c). | ||
(f) A transportation finance zone terminates on the earlier | ||
of: | ||
(1) the termination date, if any, specified in the | ||
order or resolution designating the zone; or | ||
(2) the date on which the financial assistance secured | ||
by proceeds from the collection of taxes imposed within the zone has | ||
been repaid. | ||
(g) The commission shall adopt rules to implement and | ||
administer this section. | ||
SECTION 2. (a) Except as provided in Subsection (b) of | ||
this section, this Act takes effect January 1, 2012, but only if the | ||
constitutional amendment authorizing the legislature to permit the | ||
Texas Transportation Commission, subject to legislative review and | ||
approval, to designate the area adjacent to a state highway project | ||
as a transportation finance zone and authorizing the revenue from | ||
the state sales and use taxes imposed in the zone to be deposited in | ||
a revolving fund and used to repay financial assistance provided | ||
from the fund for transportation projects is approved by the | ||
voters. If that amendment is not approved by the voters, this Act | ||
has no effect. | ||
(b) The comptroller of public accounts may not deposit any | ||
funds to the credit of a revolving fund under Section 222.005, | ||
Transportation Code, as added by this Act, until September 1, 2014. |