By Clemons                                            H.B. No. 1131
       74R4391 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the rate of the gasoline tax and providing revenue from
    1-3  the gasoline tax to counties for acquiring rights-of-way,
    1-4  constructing, maintaining, and policing county roads.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 153.102, Tax Code, is amended to read as
    1-7  follows:
    1-8        Sec. 153.102.  TAX RATES.  (a)  The gasoline tax rate is 21
    1-9  <20> cents for each gross or volumetric gallon or fractional part
   1-10  sold or used in this state except as provided by Subsection (b).
   1-11        (b)  The gasoline tax rate for gasoline sold to a transit
   1-12  company for exclusive use in its transit carrier vehicles under an
   1-13  exemption certificate promulgated by the comptroller is 20 <19>
   1-14  cents for each gallon.
   1-15        SECTION 2.  Section 153.503, Tax Code, is amended to read as
   1-16  follows:
   1-17        Sec. 153.503.  ALLOCATION OF GASOLINE TAX.  (a)  On or before
   1-18  the fifth workday <after the end> of each month, the comptroller
   1-19  shall compute for the previous month the total number of gallons or
   1-20  fractional parts of gallons on which the tax imposed under
   1-21  Subchapter B was collected.
   1-22        (b)  On or before the fifth workday of each month, the
   1-23  comptroller, after making all deductions for refund purposes and
   1-24  for the amounts allocated under Sections 153.502 and 153.5025,
    2-1  shall allocate the net remainder of the taxes collected under
    2-2  Subchapter B for the previous month as provided by this section.
    2-3        (c)  The comptroller shall allocate to the credit of a trust
    2-4  account created under Section 4.005, County Road and Bridge Act
    2-5  (Article 6702-1, Vernon's Texas Civil Statutes), an amount
    2-6  determined by multiplying by one cent the total number of gallons
    2-7  or fractional parts of gallons on which the tax imposed under
    2-8  Subchapter B was collected for the previous month and by
    2-9  subtracting the apportioned costs of collecting the tax.  The
   2-10  resulting amount is to be disbursed to counties for acquiring
   2-11  rights-of-way, constructing, maintaining, and policing county roads
   2-12  in the manner provided by that section.
   2-13        (d)  After allocating funds as provided by Subsection (c),
   2-14  the comptroller shall allocate the net remainder of the taxes
   2-15  collected under Subchapter B for the previous month as follows:
   2-16              (1)  one-fourth of the tax shall be deposited to the
   2-17  credit of the available school fund;
   2-18              (2)  one-half of the tax shall be deposited to the
   2-19  credit of the state highway fund for the construction and
   2-20  maintenance of the state road system under existing law; and
   2-21              (3)  from the remaining one-fourth of the tax the
   2-22  comptroller shall:
   2-23                    (A)  deposit to the credit of the county and road
   2-24  district highway fund all the remaining tax receipts until a total
   2-25  of $7,300,000 has been credited to the fund each fiscal year; and
   2-26                    (B)  after the amount required to be deposited to
   2-27  the county and road district highway funds has been deposited,
    3-1  deposit to the credit of the state highway fund the remainder of
    3-2  the one-fourth of the tax, the amount to be provided on the basis
    3-3  of allocations made each month of the fiscal year, which sum shall
    3-4  be used by the State Department of Highways and Public
    3-5  Transportation for the construction, improvement, and maintenance
    3-6  of farm-to-market roads.
    3-7        SECTION 3.  Subchapter A, Chapter 4, County Road and Bridge
    3-8  Act (Article 6702-1, Vernon's Texas Civil Statutes), is amended by
    3-9  adding Section 4.005 to read as follows:
   3-10        Sec. 4.005.  TRUST ACCOUNT FOR REVENUE FROM GASOLINE TAXES
   3-11  FOR ROAD MAINTENANCE AND IMPROVEMENT.  (a)  The comptroller shall
   3-12  deposit with the state treasurer the revenue required to be
   3-13  allocated by the comptroller under Section 153.503(c), Tax Code.
   3-14        (b)  The treasurer shall keep the deposits in trust in a
   3-15  separate account.   The comptroller shall send to the county
   3-16  treasurer payable to the county the county's share of the revenue
   3-17  in the trust account as provided by this section.
   3-18        (c)  The comptroller shall determine a population ratio for
   3-19  each county in which:
   3-20              (1)  the numerator is the population of the county; and
   3-21              (2)  the denominator is the population of the state.
   3-22        (d)  The comptroller shall determine a road mileage ratio for
   3-23  each county in which:
   3-24              (1)  the numerator is the number of miles of county
   3-25  road in the county, without regard to the number of lanes in the
   3-26  roads, as of January 1 of the year in which the comptroller makes
   3-27  the determination; and
    4-1              (2)  the denominator is the number of miles of county
    4-2  road in the state, without regard to the number of lanes in the
    4-3  roads, as of January 1 of the year in which the comptroller makes
    4-4  the determination.
    4-5        (e)  The comptroller shall remit to a county an amount equal
    4-6  to the sum of the following amounts:
    4-7              (1)  an amount determined by multiplying the population
    4-8  ratio for the county determined under Subsection (c) by one-half
    4-9  the amount deposited in the trust account for the calendar month;
   4-10  and
   4-11              (2)  an amount determined by multiplying the road
   4-12  mileage ratio for the county determined under Subsection (d) by
   4-13  one-half the amount deposited in the trust account for the calendar
   4-14  month.
   4-15        (f)  The comptroller shall remit to a county the amount
   4-16  provided by this section not later than the 30th day after the last
   4-17  day of the calendar month during which the revenue was deposited in
   4-18  the trust account.
   4-19        (g)  Interest earned on all deposits made with the state
   4-20  treasurer shall be credited to the general revenue fund.
   4-21        (h)  A county may use money received under this section only
   4-22  for acquiring rights-of-way, constructing, maintaining, and
   4-23  policing county roads in the county.
   4-24        SECTION 4.  This Act takes effect January 1, 1996, only if
   4-25  the constitutional amendment proposed by the 74th Legislature,
   4-26  Regular Session, 1995, allowing one cent of the gasoline tax to be
   4-27  used exclusively for acquiring rights-of-way, constructing,
    5-1  maintaining, policing, or supervising traffic and safety on public
    5-2  roadways is approved by the voters.  If that amendment is not
    5-3  approved by the voters, this Act has no effect.
    5-4        SECTION 5.  The importance of this legislation and the
    5-5  crowded condition of the calendars in both houses create an
    5-6  emergency and an imperative public necessity that the
    5-7  constitutional rule requiring bills to be read on three several
    5-8  days in each house be suspended, and this rule is hereby suspended.