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A BILL TO BE ENTITLED
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AN ACT
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relating to state fiscal matters regarding business and economic |
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development. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES |
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GENERALLY |
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SECTION 1.01. This article applies to any state agency that |
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receives an appropriation under Article VII of the General |
|
|
Appropriations Act. |
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SECTION 1.02. Notwithstanding any other statute of this |
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|
state, each state agency to which this article applies is |
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|
authorized to reduce or recover expenditures by: |
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(1) consolidating any reports or publications the |
|
|
agency is required to make and filing or delivering any of those |
|
|
reports or publications exclusively by electronic means; |
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|
(2) extending the effective period of any license, |
|
|
permit, or registration the agency grants or administers; |
|
|
(3) entering into a contract with another governmental |
|
|
entity or with a private vendor to carry out any of the agency's |
|
|
duties; |
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(4) adopting additional eligibility requirements for |
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|
persons who receive benefits under any law the agency administers |
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|
to ensure that those benefits are received by the most deserving |
|
|
persons consistent with the purposes for which the benefits are |
|
|
provided; |
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(5) providing that any communication between the |
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|
agency and another person and any document required to be delivered |
|
|
to or by the agency, including any application, notice, billing |
|
|
statement, receipt, or certificate, may be made or delivered by |
|
|
e-mail or through the Internet; and |
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|
(6) adopting and collecting fees or charges to cover |
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|
any costs the agency incurs in performing its lawful functions. |
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ARTICLE 2. FISCAL MATTERS REGARDING TRANSPORTATION PROJECTS AND |
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ACTIVITIES |
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SECTION 2.01. Article 2.133, Code of Criminal Procedure, is |
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|
amended by adding Subsection (c) to read as follows: |
|
|
(c) A report under Subsection (b) must also include the race |
|
|
or ethnicity of each passenger in the motor vehicle, as stated by |
|
|
the passenger or, if the passenger does not state the person's race |
|
|
or ethnicity, as determined by the officer to the best of the |
|
|
officer's ability. |
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|
SECTION 2.02. Section 201.601, Transportation Code, is |
|
|
amended by adding Subsection (e) to read as follows: |
|
|
(e) The plan must include a component that evaluates future |
|
|
federal funding opportunities for all modes of transportation and |
|
|
identifies actions necessary to maximize the total amount of |
|
|
federal funds received in the future for transportation |
|
|
improvements in this state. |
|
|
SECTION 2.03. Subchapter H, Chapter 201, Transportation |
|
|
Code, is amended by adding Section 201.622 to read as follows: |
|
|
Sec. 201.622. COOPERATION WITH LOCAL PLANNING ENTITIES TO |
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|
MAXIMIZE FEDERAL FUNDING FOR PROJECTS. The department shall work |
|
|
and plan with local transportation planning entities to maximize |
|
|
the amount of federal funding awarded for projects in this state by |
|
|
identifying and pursuing projects that are eligible for federal |
|
|
grant programs, including the scenic byways program. |
|
|
SECTION 2.04. The heading to Chapter 645, Transportation |
|
|
Code, is amended to read as follows: |
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|
CHAPTER 645. [SINGLE STATE] REGISTRATION FOR OPERATION IN MULTIPLE |
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STATES |
|
|
SECTION 2.05. Chapter 645, Transportation Code, is amended |
|
|
by adding Section 645.005 to read as follows: |
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|
Sec. 645.005. UNIFORM HAZARDOUS MATERIALS TRANSPORTATION. |
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|
The Texas Department of Motor Vehicles by rule shall establish, |
|
|
implement, and administer the terms of the uniform program for |
|
|
hazardous materials transportation registration and permitting |
|
|
developed by the Alliance for Uniform Hazmat Transportation |
|
|
Procedures under 49 U.S.C. Section 5119. |
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|
ARTICLE 3. FISCAL MATTERS REGARDING MOTOR FUEL TAX |
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|
SECTION 3.01. Section 162.204, Tax Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (g) to read as |
|
|
follows: |
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|
(a) The tax imposed by this subchapter does not apply to: |
|
|
(1) diesel fuel sold to the United States for its |
|
|
exclusive use, provided that the exemption does not apply to diesel |
|
|
fuel sold or delivered to a person operating under a contract with |
|
|
the United States; |
|
|
(2) diesel fuel sold to a public school district in |
|
|
this state for the district's exclusive use; |
|
|
(3) diesel fuel sold to a commercial transportation |
|
|
company or a metropolitan rapid transit authority operating under |
|
|
Chapter 451, Transportation Code, that provides public school |
|
|
transportation services to a school district under Section 34.008, |
|
|
Education Code, and that uses the diesel fuel only to provide those |
|
|
services; |
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|
(4) diesel fuel exported by either a licensed supplier |
|
|
or a licensed exporter from this state to any other state, provided |
|
|
that: |
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(A) for diesel fuel in a situation described by |
|
|
Subsection (d), the bill of lading indicates the destination state |
|
|
and the supplier collects the destination state tax; or |
|
|
(B) for diesel fuel in a situation described by |
|
|
Subsection (e), the bill of lading indicates the destination state, |
|
|
the diesel fuel is subsequently exported, and the exporter is |
|
|
licensed in the destination state to pay that state's tax and has an |
|
|
exporter's license issued under this subchapter; |
|
|
(5) diesel fuel moved by truck or railcar between |
|
|
licensed suppliers or licensed permissive suppliers and in which |
|
|
the diesel fuel removed from the first terminal comes to rest in the |
|
|
second terminal, provided that the removal from the second terminal |
|
|
rack is subject to the tax imposed by this subchapter; |
|
|
(6) diesel fuel delivered or sold into a storage |
|
|
facility of a licensed aviation fuel dealer from which the diesel |
|
|
fuel will be delivered solely into the fuel supply tanks of aircraft |
|
|
or aircraft servicing equipment, or sold from one licensed aviation |
|
|
fuel dealer to another licensed aviation fuel dealer who will |
|
|
deliver the diesel fuel exclusively into the fuel supply tanks of |
|
|
aircraft or aircraft servicing equipment; |
|
|
(7) diesel fuel exported to a foreign country if the |
|
|
bill of lading indicates the foreign destination and the fuel is |
|
|
actually exported to the foreign country; |
|
|
(8) dyed diesel fuel sold or delivered by a supplier to |
|
|
another supplier and dyed diesel fuel sold or delivered by a |
|
|
supplier or distributor into the bulk storage facility of a dyed |
|
|
diesel fuel bonded user or to a purchaser who provides a signed |
|
|
statement as provided by Section 162.206; |
|
|
(9) the volume of water, fuel ethanol, renewable |
|
|
diesel, biodiesel, or mixtures thereof that are blended together |
|
|
with taxable diesel fuel when the finished product sold or used is |
|
|
clearly identified on the retail pump, storage tank, and sales |
|
|
invoice as a combination of diesel fuel and water, fuel ethanol, |
|
|
renewable diesel, biodiesel, or mixtures thereof; |
|
|
(10) dyed diesel fuel sold by a supplier or permissive |
|
|
supplier to a distributor, or by a distributor to another |
|
|
distributor; |
|
|
(11) dyed diesel fuel delivered by a license holder |
|
|
into the fuel supply tanks of [railway engines,] motorboats[,] or |
|
|
refrigeration units or other stationary equipment powered by a |
|
|
separate motor from a separate fuel supply tank; |
|
|
(12) dyed kerosene when delivered by a supplier, |
|
|
distributor, or importer into a storage facility at a retail |
|
|
business from which all deliveries are exclusively for heating, |
|
|
cooking, lighting, or similar nonhighway use; |
|
|
(13) diesel fuel used by a person, other than a |
|
|
political subdivision, who owns, controls, operates, or manages a |
|
|
commercial motor vehicle as defined by Section 548.001, |
|
|
Transportation Code, if the fuel: |
|
|
(A) is delivered exclusively into the fuel supply |
|
|
tank of the commercial motor vehicle; and |
|
|
(B) is used exclusively to transport passengers |
|
|
for compensation or hire between points in this state on a fixed |
|
|
route or schedule; or |
|
|
(14) diesel fuel sold to a volunteer fire department |
|
|
in this state for the department's exclusive use. |
|
|
(g) Notwithstanding any other provision of this chapter, a |
|
|
person may not make a tax-free purchase of dyed diesel fuel for |
|
|
delivery into the fuel supply tank of a railway engine. Sections |
|
|
162.205(b), 162.206, 162.231, 162.233, and 162.403(32) do not apply |
|
|
to a purchase described by this subsection. |
|
|
SECTION 3.02. Section 162.227, Tax Code, is amended by |
|
|
adding Subsection (i) to read as follows: |
|
|
(i) A person who paid tax on diesel fuel delivered into the |
|
|
fuel supply tank of a railway engine may claim a credit or seek a |
|
|
refund with the comptroller if the person uses the diesel fuel to |
|
|
operate the railway engine in another state. |
|
|
SECTION 3.03. Section 162.504, Tax Code, is amended to read |
|
|
as follows: |
|
|
Sec. 162.504. ALLOCATION OF DIESEL FUEL TAX. (a) On or |
|
|
before the fifth workday after the end of each month, the |
|
|
comptroller, after making deductions for refund purposes, for the |
|
|
administration and enforcement of this chapter, and for the amounts |
|
|
allocated under Subsection (b) and Section 162.5025, shall allocate |
|
|
the remainder of the taxes collected under Subchapter C as follows: |
|
|
(1) one-fourth of the taxes shall be deposited to the |
|
|
credit of the available school fund; and |
|
|
(2) three-fourths of the taxes shall be deposited to |
|
|
the credit of the state highway fund. |
|
|
(b) On or before the fifth workday after the end of each |
|
|
month, the comptroller, after making deductions for refund |
|
|
purposes, shall allocate taxes collected under Subchapter C on dyed |
|
|
or undyed diesel fuel delivered into the fuel tanks of railway |
|
|
engines to the credit of the Texas rail relocation and improvement |
|
|
fund. |
|
|
ARTICLE 4. FISCAL MATTERS REGARDING PERMIT FEES |
|
|
SECTION 4.01. Subchapter A, Chapter 623, Transportation |
|
|
Code, is amended by adding Section 623.002 to read as follows: |
|
|
Sec. 623.002. EVALUATION OF PERMIT FEES. (a) The |
|
|
department shall evaluate highway use in this state by oversize or |
|
|
overweight vehicles, calculate the cost of damage to highways in |
|
|
this state caused by those vehicles, and determine whether: |
|
|
(1) the fees charged for permits issued under this |
|
|
chapter are adequate to offset the costs of damage to highways |
|
|
caused by those vehicles and recommend any fee adjustments for the |
|
|
permits to reflect the costs of damage to highways caused by those |
|
|
vehicles; and |
|
|
(2) vehicles currently exempt from permit |
|
|
requirements under this chapter should be required to obtain a |
|
|
permit to operate on roads or highways in this state. |
|
|
(b) Not later than October 1 of each even-numbered year, the |
|
|
department shall report its findings to: |
|
|
(1) the Legislative Budget Board; and |
|
|
(2) the governor. |
|
|
SECTION 4.02. Section 623.077, Transportation Code, is |
|
|
amended to read as follows: |
|
|
Sec. 623.077. HIGHWAY MAINTENANCE FEE. (a) An applicant |
|
|
for a permit under this subchapter, other than a permit under |
|
|
Section 623.071(c)(3), must also pay a highway maintenance fee in |
|
|
an amount determined according to vehicle weight and distance |
|
|
traveled. [the following table:
|
|
|
|
[Vehicle Weight in Pounds
|
|
Fee
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(b) The department shall adopt rules to implement this |
|
|
section and establish a schedule of rates, based on miles traveled, |
|
|
for all vehicle weight categories that provides for an increase in |
|
|
the rates according to the weight of a vehicle. |
|
|
(c) The department shall send each fee collected under |
|
|
Subsection (a) to the comptroller for deposit to the credit of the |
|
|
state highway fund. |
|
|
SECTION 4.03. (a) The Texas Department of Transportation |
|
|
shall adopt rules implementing Section 623.077, Transportation |
|
|
Code, as amended by this article, not later than January 1, 2012. |
|
|
(b) Section 623.077(a), Transportation Code, as amended by |
|
|
this article, applies only to an application for a permit submitted |
|
|
under Subchapter D, Chapter 623, Transportation Code, to the Texas |
|
|
Department of Transportation on or after January 1, 2012. An |
|
|
application for a permit submitted before January 1, 2012, is |
|
|
governed by the law in effect on the date the application was |
|
|
submitted, and that law is continued in effect for that purpose. |
|
|
ARTICLE 5. FISCAL MATTERS REGARDING TEXAS DEPARTMENT OF RURAL |
|
|
AFFAIRS |
|
|
SECTION 5.01. The heading to Chapter 487, Government Code, |
|
|
is amended to read as follows: |
|
|
CHAPTER 487. OFFICE [TEXAS DEPARTMENT] OF RURAL |
|
|
AFFAIRS IN DEPARTMENT OF AGRICULTURE |
|
|
SECTION 5.02. Section 487.001, Government Code, is amended |
|
|
to read as follows: |
|
|
Sec. 487.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the commissioner [board of the Texas
|
|
|
Department of Rural Affairs]. |
|
|
(2) "Commissioner" means the commissioner of |
|
|
agriculture. |
|
|
(3) "Department" means the office [Texas Department of
|
|
|
Rural Affairs]. |
|
|
(4) "Office" means the Office of Rural Affairs |
|
|
established within the Department of Agriculture under Section |
|
|
12.038, Agriculture Code. |
|
|
SECTION 5.03. Subchapter A, Chapter 487, Government Code, |
|
|
is amended by adding Section 487.003 to read as follows: |
|
|
Sec. 487.003. REFERENCE IN LAW. (a) A reference in this |
|
|
chapter or other law to the board of the Department of Rural Affairs |
|
|
means the commissioner. |
|
|
(b) A reference in law to the executive director of the |
|
|
Department of Rural Affairs means the director of the Office of |
|
|
Rural Affairs appointed under Section 12.038, Agriculture Code. |
|
|
SECTION 5.04. Section 487.026, Government Code, is amended |
|
|
to read as follows: |
|
|
Sec. 487.026. [EXECUTIVE] DIRECTOR. (a) The [board may
|
|
|
hire an executive] director serves [to serve] as the chief |
|
|
executive officer of the office [department] and performs [to
|
|
|
perform] the administrative duties of the office [department]. |
|
|
(b) [The executive director serves at the will of the board.
|
|
|
[(c)] The [executive] director may hire staff within |
|
|
guidelines established by the commissioner [board]. |
|
|
SECTION 5.05. Section 487.051(a), Government Code, is |
|
|
amended to read as follows: |
|
|
(a) The office [department] shall: |
|
|
(1) assist rural communities in the key areas of |
|
|
economic development, community development, rural health, and |
|
|
rural housing; |
|
|
(2) serve as a clearinghouse for information and |
|
|
resources on all state and federal programs affecting rural |
|
|
communities; |
|
|
(3) in consultation with rural community leaders, |
|
|
locally elected officials, state elected and appointed officials, |
|
|
academic and industry experts, and the interagency work group |
|
|
created under this chapter, identify and prioritize policy issues |
|
|
and concerns affecting rural communities in the state; |
|
|
(4) make recommendations to the legislature to address |
|
|
the concerns affecting rural communities identified under |
|
|
Subdivision (3); |
|
|
(5) monitor developments that have a substantial |
|
|
effect on rural Texas communities, especially actions of state |
|
|
government, and compile an annual report describing and evaluating |
|
|
the condition of rural communities; |
|
|
(6) administer the federal community development |
|
|
block grant nonentitlement program; |
|
|
(7) administer programs supporting rural health care |
|
|
as provided by this chapter; |
|
|
(8) perform research to determine the most beneficial |
|
|
and cost-effective ways to improve the welfare of rural |
|
|
communities; |
|
|
(9) ensure that the office [department] qualifies as |
|
|
the state's office of rural health for the purpose of receiving |
|
|
grants from the Office of Rural Health Policy of the United States |
|
|
Department of Health and Human Services under 42 U.S.C. Section |
|
|
254r; |
|
|
(10) manage the state's Medicare rural hospital |
|
|
flexibility program under 42 U.S.C. Section 1395i-4; |
|
|
(11) seek state and federal money available for |
|
|
economic development in rural areas for programs under this |
|
|
chapter; |
|
|
(12) in conjunction with other offices and divisions |
|
|
of the Department of Agriculture, regularly cross-train office |
|
|
[department] employees with other employees of the Department of |
|
|
Agriculture regarding the programs administered and services |
|
|
provided [by each agency] to rural communities; and |
|
|
(13) work with interested persons to assist volunteer |
|
|
fire departments and emergency services districts in rural areas. |
|
|
SECTION 5.06. Section 487.0541(c), Government Code, is |
|
|
amended to read as follows: |
|
|
(c) The work group shall meet at the call of the [executive] |
|
|
director of the office [department]. |
|
|
SECTION 5.07. Section 487.351(d), Government Code, is |
|
|
amended to read as follows: |
|
|
(d) An applicant for a grant, loan, or award under a |
|
|
community development block grant program may appeal a decision of |
|
|
the [executive] director by filing an appeal with the commissioner |
|
|
[board]. The commissioner [board] shall hold a hearing on the |
|
|
appeal and render a decision. |
|
|
SECTION 5.08. Section 535.051(b), Government Code, is |
|
|
amended to read as follows: |
|
|
(b) The chief administrative officer of each of the |
|
|
following state agencies, in consultation with the governor, shall |
|
|
designate one employee from the agency to serve as a liaison for |
|
|
faith- and community-based organizations: |
|
|
(1) the Office of Rural [Community] Affairs within the |
|
|
Department of Agriculture; |
|
|
(2) the Texas Commission on Environmental Quality; |
|
|
(3) the Texas Department of Criminal Justice; |
|
|
(4) the Texas Department of Housing and Community |
|
|
Affairs; |
|
|
(5) the Texas Education Agency; |
|
|
(6) the Texas Juvenile Probation Commission; |
|
|
(7) the Texas Veterans Commission; |
|
|
(8) the Texas Workforce Commission; |
|
|
(9) the Texas Youth Commission; and |
|
|
(10) other state agencies as determined by the |
|
|
governor. |
|
|
SECTION 5.09. Section 2306.1092(b), Government Code, is |
|
|
amended to read as follows: |
|
|
(b) The council is composed of 16 members consisting of: |
|
|
(1) the director; |
|
|
(2) one representative from each of the following |
|
|
agencies, appointed by the head of that agency: |
|
|
(A) the Office of Rural [Community] Affairs |
|
|
within the Department of Agriculture; |
|
|
(B) the Texas State Affordable Housing |
|
|
Corporation; |
|
|
(C) the Health and Human Services Commission; |
|
|
(D) the Department of Assistive and |
|
|
Rehabilitative Services; |
|
|
(E) the Department of Aging and Disability |
|
|
Services; and |
|
|
(F) the Department of State Health Services; |
|
|
(3) one representative from the Department of |
|
|
Agriculture who is: |
|
|
(A) knowledgeable about the Texans Feeding |
|
|
Texans and Retire in Texas programs or similar programs; and |
|
|
(B) appointed by the head of that agency; |
|
|
(4) one member who is: |
|
|
(A) a member of the Health and Human Services |
|
|
Commission Promoting Independence Advisory Committee; and |
|
|
(B) appointed by the governor; and |
|
|
(5) one representative from each of the following |
|
|
interest groups, appointed by the governor: |
|
|
(A) financial institutions; |
|
|
(B) multifamily housing developers; |
|
|
(C) health services entities; |
|
|
(D) nonprofit organizations that advocate for |
|
|
affordable housing and consumer-directed long-term services and |
|
|
support; |
|
|
(E) consumers of service-enriched housing; |
|
|
(F) advocates for minority issues; and |
|
|
(G) rural communities. |
|
|
SECTION 5.10. Sections 487.002, 487.021, 487.022, 487.023, |
|
|
487.024, 487.025, 487.028, 487.029, 487.051(b), 487.058, and |
|
|
487.352, Government Code, are repealed. |
|
|
SECTION 5.11. (a) The Texas Department of Rural Affairs is |
|
|
abolished as an independent agency and transferred as a program to |
|
|
the Office of Rural Affairs in the Department of Agriculture. The |
|
|
board of the Texas Department of Rural Affairs is abolished. |
|
|
(b) The validity of an action taken by the Texas Department |
|
|
of Rural Affairs or its board before either is abolished under |
|
|
Subsection (a) of this section is not affected by the abolishment. |
|
|
SECTION 5.12. On September 1, 2011: |
|
|
(1) the position of executive director of the Texas |
|
|
Department of Rural Affairs is abolished, except that the director |
|
|
of the Office of Rural Affairs in the Department of Agriculture may |
|
|
hire the executive director for a position in the office; |
|
|
(2) an employee of the Texas Department of Rural |
|
|
Affairs becomes an employee of the Office of Rural Affairs in the |
|
|
Department of Agriculture; |
|
|
(3) a reference in law to the Texas Department of Rural |
|
|
Affairs means the Office of Rural Affairs in the Department of |
|
|
Agriculture; |
|
|
(4) all money, contracts, leases, rights, and |
|
|
obligations of the Texas Department of Rural Affairs are |
|
|
transferred to the Office of Rural Affairs in the Department of |
|
|
Agriculture; |
|
|
(5) all property, including records, in the custody of |
|
|
the Texas Department of Rural Affairs becomes the property of the |
|
|
Office of Rural Affairs in the Department of Agriculture; and |
|
|
(6) all funds appropriated by the legislature to the |
|
|
Texas Department of Rural Affairs are transferred to the Office of |
|
|
Rural Affairs in the Department of Agriculture. |
|
|
SECTION 5.13. A function or activity performed by the Texas |
|
|
Department of Rural Affairs is transferred to the Office of Rural |
|
|
Affairs in the Department of Agriculture as provided by this |
|
|
article. |
|
|
SECTION 5.14. The Texas Department of Rural Affairs and the |
|
|
Department of Agriculture shall establish a transition plan for the |
|
|
transfer described in Sections 5.11 and 5.12 of this article. |
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ARTICLE 6. EFFECTIVE DATE |
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SECTION 6.01. This Act takes effect September 1, 2011. |