By: Barrientos S.B. No. 369
A BILL TO BE ENTITLED
AN ACT
1-1 relating to financing of the acquisition of rights-of-way for and
1-2 the construction, maintenance, and policing of public roads by
1-3 state agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 5, Chapter 186, General
1-6 Laws, Acts of the 39th Legislature, Regular Session, 1925 (Article
1-7 6674e, Vernon's Texas Civil Statutes), is amended to read as
1-8 follows:
1-9 (a) All revenues that are required by the Texas Constitution
1-10 or Federal law to be used for public roadways and that are
1-11 deposited in the State Treasury to the credit of the "State Highway
1-12 Fund", including all Federal aid moneys deposited to the credit of
1-13 said fund under the terms of the Federal Highway Act and all
1-14 county aid moneys deposited to the credit of said fund under the
1-15 terms of this Act shall be subject to appropriation for the
1-16 specific purposes of the improvement of the State Highway System
1-17 and the mitigation of adverse environmental impacts directly
1-18 resulting from construction or maintenance of State Highways by the
1-19 Texas Department of Transportation. However:
1-20 (1) <,> direct appropriations may be made from the
1-21 State Highway Fund to the Department of Public Safety for policing
1-22 the State Highway System and for the administration of laws
1-23 prescribed by the Legislature pertaining to the supervision of
1-24 traffic and safety on public roads; and
2-1 (2) the direct and indirect material and labor costs
2-2 of constructing, maintaining, policing, and acquiring rights-of-way
2-3 for public roadways under the jurisdiction of state agencies,
2-4 including institutions of higher education, may be paid only from
2-5 appropriations from the State Highway Fund, unless stipulated
2-6 otherwise by the legislature in the General Appropriations Act.
2-7 SECTION 2. Section 322.007, Government Code, is amended to
2-8 read as follows:
2-9 Sec. 322.007. Estimates and Reports. (a) Each institution,
2-10 department, agency, officer, employee, or agent of the state shall
2-11 submit any estimate or report relating to appropriations requested
2-12 by the board or under the board's direction.
2-13 (b) Each institution, department, or agency that during the
2-14 preceding fiscal year incurred a cost described by this subsection
2-15 shall submit a report to the board that specifies the full cost to
2-16 the entity during the preceding year of right-of-way purchases,
2-17 road construction and maintenance, purchases of road materials and
2-18 supplies, and policing roads. The report must include direct labor
2-19 and fringe benefit costs, the cost of supplies and materials, and
2-20 appropriate indirect costs as determined under professional cost
2-21 accounting practices. The report required by this subsection is in
2-22 addition to the estimates and reports required under Subsection
2-23 (a).
2-24 (c) Each estimate or report shall be submitted at a time set
2-25 by the board and in the manner and form prescribed by board rules.
2-26 (d) <(c)> An estimate or report required under this section
2-27 is in addition to an estimate or report required by other law<,
3-1 including those estimates or reports relating to appropriations
3-2 required by Sections 2, 3, and 5 through 8, Chapter 206, General
3-3 Laws, Acts of the 42nd Legislature, Regular Session, 1931
3-4 (Articles 689a-1; 689a-2; 689a-4; 689a-5 through 689a-8, Vernon's
3-5 Texas Civil Statutes)>.
3-6 SECTION 3. This Act takes effect September 1, 1993.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.