By:  Barrientos                                        S.B. No. 369
       73R3810 GCH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to financing of the acquisition of rights-of-way for and
    1-3  the construction, maintenance, and policing of public roads by
    1-4  state agencies.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 5(a), Chapter 186, General Laws, Acts of
    1-7  the 39th Legislature, Regular Session, 1925 (Article 6674e,
    1-8  Vernon's Texas Civil Statutes), is amended to read as 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 State
   1-21  Highway Fund to the Department of Public Safety for policing the
   1-22  State Highway System and for the administration of laws prescribed
   1-23  by the Legislature pertaining to the supervision of traffic and
   1-24  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.
    2-6        SECTION 2.  Section 322.007, Government Code, is amended to
    2-7  read as follows:
    2-8        Sec. 322.007.  Estimates and Reports.  (a)  Each institution,
    2-9  department, agency, officer, employee, or agent of the state shall
   2-10  submit any estimate or report relating to appropriations requested
   2-11  by the board or under the board's direction.
   2-12        (b)  Each institution, department, or agency that during the
   2-13  preceding fiscal year incurred a cost described by this subsection
   2-14  shall submit a report to the board that specifies the full cost to
   2-15  the entity during the preceding year of right-of-way purchases,
   2-16  road construction and maintenance, purchases of road materials and
   2-17  supplies, and policing roads.  The report must include direct labor
   2-18  and fringe benefit costs, the cost of supplies and materials, and
   2-19  appropriate indirect costs as determined under professional cost
   2-20  accounting practices.  The report required by this subsection is in
   2-21  addition to the estimates and reports required under Subsection
   2-22  (a).
   2-23        (c)  Each estimate or report shall be submitted at a time set
   2-24  by the board and in the manner and form prescribed by board rules.
   2-25        (d) <(c)>  An estimate or report required under this section
   2-26  is in addition to an estimate or report required by other law<,
   2-27  including those estimates or reports relating to appropriations
    3-1  required by Sections 2, 3, and 5 through 8, Chapter 206, General
    3-2  Laws, Acts of the 42nd Legislature, Regular Session, 1931
    3-3  (Articles 689a-1; 689a-2; 689a-4; 689a-5 through 689a-8, Vernon's
    3-4  Texas Civil Statutes)>.
    3-5        SECTION 3.  This Act takes effect September 1, 1994, except
    3-6  Section 1, which takes effect September 1, 1995.
    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.