By Place                                              H.B. No. 2116
       74R5643 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of certain tax revenue for publicly owned
    1-3  airports.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 151.801, Tax Code, is amended by amending
    1-6  Subsections (a) and (e) and adding Subsection (f) to read as
    1-7  follows:
    1-8        (a)  Except for the amounts allocated under Subsections (b),
    1-9  <and> (c), and (e), all proceeds from the collection of the taxes
   1-10  imposed by this chapter shall be deposited to the credit of the
   1-11  general revenue fund.
   1-12        (e)  The amount of the proceeds from the collection of the
   1-13  taxes imposed by this chapter on the sale of aviation services,
   1-14  aircraft, and aviation parts shall be deposited to the credit of
   1-15  the public aviation account created by Subdivision 11, Section 6,
   1-16  Chapter 344, Acts of the 49th Legislature, Regular Session, 1945
   1-17  (Article 46c-6, Vernon's Texas Civil Statutes).  The comptroller
   1-18  shall certify the amount to be deposited to the account to the
   1-19  treasurer according to available statistical data indicating the
   1-20  estimated average or actual consumption or sales of aviation
   1-21  services, aircraft, and aviation parts.   If satisfactory data are
   1-22  not available, the comptroller may require taxpayers who make
   1-23  taxable sales or use of those taxable items to report to the
   1-24  comptroller as necessary to make the allocation required by this
    2-1  subsection.
    2-2        (f)  In this section:
    2-3              (1)  "Aviation part" means an item of tangible personal
    2-4  property designed and sold for aeronautical purposes.  The term
    2-5  does not include an item of tangible personal property designed and
    2-6  sold for agricultural purposes.
    2-7              (2)  "Motor vehicle" means a trailer, a semitrailer, or
    2-8  a self-propelled vehicle in or by which a person or property can be
    2-9  transported upon a public highway.  "Motor vehicle" does not
   2-10  include a device moved only by human power or used exclusively on
   2-11  stationary rails or tracks, a farm machine, a farm trailer, a
   2-12  road-building machine, or a self-propelled vehicle used exclusively
   2-13  to move farm machinery, farm trailers, or road-building machinery.
   2-14              (3) <(2)>  "Sporting goods" means an item of tangible
   2-15  personal property designed and sold for use in a sport or sporting
   2-16  activity, excluding apparel and footwear except that which is
   2-17  suitable only for use in a sport or sporting activity, and
   2-18  excluding board games, electronic games and similar devices,
   2-19  aircraft and powered vehicles, and replacement parts and
   2-20  accessories for any excluded item.
   2-21        SECTION 2.  Section 171.401, Tax Code, is amended to read as
   2-22  follows:
   2-23        Sec. 171.401.  DEPOSIT OF REVENUE <DEPOSITED IN GENERAL
   2-24  REVENUE FUND>.  (a)  Except as provided by Subsection (b), the
   2-25  <The> revenue from the tax imposed by this chapter on corporations
   2-26  shall be deposited to the credit of the general revenue fund.
   2-27        (b)  Revenue from the tax imposed by this chapter shall be
    3-1  deposited to the credit of the public aviation account created by
    3-2  Subdivision 11, Section 6, Chapter 344, Acts of the 49th
    3-3  Legislature, Regular Session, 1945 (Article 46c-6, Vernon's Texas
    3-4  Civil Statutes), if the revenue is collected from taxes imposed on
    3-5  a person engaged in:
    3-6              (1)  aviation services;
    3-7              (2)  the distribution, sale, manufacture, storage, or
    3-8  repair of aircraft; or
    3-9              (3)  the sale, manufacture, or repair of aviation parts
   3-10  and equipment.
   3-11        SECTION 3.  Section 6, Chapter 344, Acts of the 49th
   3-12  Legislature, Regular Session, 1945 (Article 46c-6, Vernon's Texas
   3-13  Civil Statutes), is amended by adding Subdivision 11 to read as
   3-14  follows:
   3-15        Subdiv. 11.  Public Aviation Account.  (a)  A public aviation
   3-16  account is created as a special account in the state highway fund.
   3-17        (b)  Money from the account may be appropriated only for the
   3-18  benefit of publicly owned airports.
   3-19        (c)  Sections 403.094 and 403.095, Government Code, do not
   3-20  apply to the account.
   3-21        SECTION 4.  This Act applies only to the distribution of
   3-22  revenue collected on or after the effective date of this Act.  The
   3-23  distribution of revenue collected before the effective date of this
   3-24  Act is governed by the law in effect at the time the revenue was
   3-25  collected, and that law is continued in effect for the purpose of
   3-26  the distribution of that revenue.
   3-27        SECTION 5.  The importance of this legislation and the
    4-1  crowded condition of the calendars in both houses create an
    4-2  emergency and an imperative public necessity that the
    4-3  constitutional rule requiring bills to be read on three several
    4-4  days in each house be suspended, and this rule is hereby suspended,
    4-5  and that this Act take effect and be in force from and after its
    4-6  passage, and it is so enacted.