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).