By:  Madla, Lucio                                      S.B. No. 437
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to requiring a county to report on its expenditure of
    1-2  funds required to be used for highways.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter C, Chapter 4, County Road and Bridge
    1-5  Act (Article 6702-1, Vernon's Texas Civil Statutes), is amended by
    1-6  adding Section 4.204 to read as follows:
    1-7        Sec. 4.204.  REPORT TO COMPTROLLER.  Not later than January
    1-8  30 of each year, the county auditor or, if the county does not have
    1-9  a county auditor, the official with the duties of the county
   1-10  auditor, shall file a report with the comptroller stating the total
   1-11  amount of expenditures for county road and bridge construction,
   1-12  maintenance, rehabilitation, right-of-way acquisition, and utility
   1-13  construction and other appropriate road expenditures of county
   1-14  funds in the preceding calendar year that are required by the
   1-15  constitution or other law to be spent on public roads or highways.
   1-16  The report must be in a form prescribed by the comptroller.  The
   1-17  distribution of money from the county and road district highway
   1-18  fund under Section 4.001 of this Act may not be made to a county
   1-19  unless the most recent report required by this section has been
   1-20  filed with the comptroller.
   1-21        SECTION 2.  Subsection (a), Section 10, Chapter 88, General
   1-22  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
   1-23  (Article 6675a-10, Vernon's Texas Civil Statutes), is amended to
   1-24  read as follows:
    2-1        (a)  Except as provided by Subsections (c-1), (c-2), (c-3),
    2-2  and (c-4) of this section, on Monday of each week each County Tax
    2-3  Collector shall deposit in the County Depository of his County to
    2-4  the credit of the County Road and Bridge Fund an amount equal to
    2-5  one hundred per cent (100%) of the net collections made hereunder
    2-6  during the preceding week until the amount so deposited for the
    2-7  current calendar year shall have reached a total sum of Sixty
    2-8  Thousand Dollars ($60,000), plus Three Hundred and Fifty Dollars
    2-9  ($350) for each mile of county road, not to exceed five hundred
   2-10  (500) miles, maintained by the County according to the latest data
   2-11  available from the State Department of Highways and Public
   2-12  Transportation, plus an amount equal to five per cent (5%) of the
   2-13  tax and penalties collected by the County Tax Collector under
   2-14  Chapter 152, Tax Code, in the preceding calendar year, plus an
   2-15  amount equal to five per cent (5%) of the tax and penalties
   2-16  collected by the Comptroller of Public Accounts under Section
   2-17  152.047, Tax Code, in the preceding calendar year.  All of the
   2-18  amount of the tax and penalties collected under Chapter 152, Tax
   2-19  Code, in the preceding calendar year that is retained by a county
   2-20  under this subsection shall be used for county road construction,
   2-21  maintenance, and rehabilitation, for bridge construction,
   2-22  maintenance, and rehabilitation, for purchase of right-of-way for
   2-23  road or highway purposes, or for relocation of utilities for road
   2-24  or highway purposes.  <On or before January 30 of each year, each
   2-25  county shall file a report, in a form promulgated by the State
   2-26  Department of Highways and Public Transportation, with the State
   2-27  Engineer-Director for the State Department of Highways and Public
    3-1  Transportation that accurately sets forth the amounts and purposes
    3-2  of all expenditures of the tax and penalties collected under
    3-3  Chapter 152, Tax Code, and retained by the county under this
    3-4  subsection.>
    3-5        SECTION 3.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended,
   3-10  and that this Act take effect and be in force from and after its
   3-11  passage, and it is so enacted.