BILL ANALYSIS



S.B. 437
By: Madla (Alexander)
04-26-95
Committee Report (Amended)


BACKGROUND

Under current law, the only financial reporting the counties are
required to submit on their County Road and Bridge Funds is on the
additional motor vehicle registration fee that counties are allowed
to retain in lieu of the motor vehicle sales tax.  All counties are
required to submit this report each year by January 30 to the Texas
Department of Transportation.  Because the law does not provide for
a penalty for non-compliance, this law has never really been
enforced.  Thus, there is no accountability on the money that is
constitutionally dedicated to the County Road and Bridge Funds.

PURPOSE

As proposed, C.S.S.B. 437 requires a county to report to the
comptroller on its expenditure of funds required to be used for
highways.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 4C (Article 6702-1, V.T.C.S.), by adding
Section 4.204, as follows:

     Sec. 4.204.  REPORT TO COMPTROLLER.  Requires the county
     auditor or, if the county does not have a county auditor, the
     official with the duties of the county auditor, to file a
     report with the comptroller stating the total amount of
     expenditures for county road and bridge construction,
     maintenance, rehabilitation, right-of-way acquisition, and
     utility construction and other appropriate road expenditures
     of county funds to be spent on public roads or highways in the
     preceding calendar year, no later than January 30 of each
     year.  Requires the report to be in a form prescribed by the
     comptroller.
     
     SECTION 2.     Amends Section 10(a), Article 6675a-10, V.T.C.S., to
delete requirements for filing a report of expenditures of
collected tax and penalties retained by the county.

SECTION 3. Emergency clause.
           Effective date: upon passage.


EXPLANATION OF AMENDMENTS

Committee amendment number 1 adds a new section 3 to the County
Road and Bridge Act (Article 6702-1, Vernon's Texas Civil Statutes)
is amended by adding Section 2.0091 to read as follows:

Sec. 2.0091. (a) This section applies only to a county that has a
population of 20,000 to 25,000 and is adjacent to a county with a
population of 400,000 to one million.  (b) Each county commissioner
may decide whether to maintain a public road in the commissioner's
precinct.  (c) If the public road is within the limits of a
municipality, the county commissioner may authorize county
maintenance of the road if the work on the road is done with the
consent and approval of the governing body of the municipality. 
(d) If the public road is under the jurisdiction of the Texas
Department of Transportation, the county commissioner may authorize
county maintenance of the road if the work on the road is done with
the consent and approval of the department.

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posed on April 13, 1995 at 4:14 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, April 19, 1995 at 2:00 p.m., or upon adjournment, in
Room E1.014 of the Capitol Extension and was called to order at
2:16 p.m. by the Chair, Representative Clyde Alexander.  The Chair
laid out S.B. 437 and recognized Representative Alexander to
explain S.B. 437.  There were no witnesses testifying in support
of, or in opposition to S.B. 437.  The Chair left S.B. 437 pending
before the Committee.  Pursuant to a public notice posted on April
21, 1995, at 4:04 p.m., the House Committee on Transportation met
in a public hearing on Wednesday, April 26, 1995, at 2:00 p.m., or
upon adjournment, in Room E1.014 of the Capitol Extension and was
called to order at 6:13 p.m. by the Chair, Representative Clyde
Alexander.  The Chair laid out S.B. 437 by Madla, which was pending
before the Committee.  Representative Bosse laid out Committee
Amendment #1, and without objection Committee Amendment #1 was
adopted.  Representative Bosse moved that the Committee report S.B.
437, as amended, to the full House with the recommendation that it
do pass.  The motion prevailed by the following vote: Ayes (8),
Nayes (0), Absent (1), Present not voting (0).