1-1  By:  Madla, Lucio                                      S.B. No. 437
    1-2        (In the Senate - Filed February 3, 1995; February 6, 1995,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  February 21, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 13, Nays 0;
    1-6  February 21, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 437                 By:  Gallegos
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to requiring a county to report on its expenditure of
   1-11  funds required to be used for highways.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subchapter C, Chapter 4, County Road and Bridge
   1-14  Act (Article 6702-1, Vernon's Texas Civil Statutes), is amended by
   1-15  adding Section 4.204 to read as follows:
   1-16        Sec. 4.204.  REPORT TO COMPTROLLER.  Not later than January
   1-17  30 of each year, the county auditor or, if the county does not have
   1-18  a county auditor, the official with the duties of the county
   1-19  auditor, shall file a report with the comptroller stating the total
   1-20  amount of expenditures for county road and bridge construction,
   1-21  maintenance, rehabilitation, right-of-way acquisition, and utility
   1-22  construction and other appropriate road expenditures of county
   1-23  funds in the preceding calendar year that are required by the
   1-24  constitution or other law to be spent on public roads or highways.
   1-25  The report must be in a form prescribed by the comptroller.
   1-26        SECTION 2.  Subsection (a), Section 10, Chapter 88, General
   1-27  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
   1-28  (Article 6675a-10, Vernon's Texas Civil Statutes), is amended to
   1-29  read as follows:
   1-30        (a)  Except as provided by Subsections (c-1), (c-2), (c-3),
   1-31  and (c-4) of this section, on Monday of each week each County Tax
   1-32  Collector shall deposit in the County Depository of his County to
   1-33  the credit of the County Road and Bridge Fund an amount equal to
   1-34  one hundred per cent (100%) of the net collections made hereunder
   1-35  during the preceding week until the amount so deposited for the
   1-36  current calendar year shall have reached a total sum of Sixty
   1-37  Thousand Dollars ($60,000), plus Three Hundred and Fifty Dollars
   1-38  ($350) for each mile of county road, not to exceed five hundred
   1-39  (500) miles, maintained by the County according to the latest data
   1-40  available from the State Department of Highways and Public
   1-41  Transportation, plus an amount equal to five per cent (5%) of the
   1-42  tax and penalties collected by the County Tax Collector under
   1-43  Chapter 152, Tax Code, in the preceding calendar year, plus an
   1-44  amount equal to five per cent (5%) of the tax and penalties
   1-45  collected by the Comptroller of Public Accounts under Section
   1-46  152.047, Tax Code, in the preceding calendar year.  All of the
   1-47  amount of the tax and penalties collected under Chapter 152, Tax
   1-48  Code, in the preceding calendar year that is retained by a county
   1-49  under this subsection shall be used for county road construction,
   1-50  maintenance, and rehabilitation, for bridge construction,
   1-51  maintenance, and rehabilitation, for purchase of right-of-way for
   1-52  road or highway purposes, or for relocation of utilities for road
   1-53  or highway purposes.  <On or before January 30 of each year, each
   1-54  county shall file a report, in a form promulgated by the State
   1-55  Department of Highways and Public Transportation, with the State
   1-56  Engineer-Director for the State Department of Highways and Public
   1-57  Transportation that accurately sets forth the amounts and purposes
   1-58  of all expenditures of the tax and penalties collected under
   1-59  Chapter 152, Tax Code, and retained by the county under this
   1-60  subsection.>
   1-61        SECTION 3.  The importance of this legislation and the
   1-62  crowded condition of the calendars in both houses create an
   1-63  emergency and an imperative public necessity that the
   1-64  constitutional rule requiring bills to be read on three several
   1-65  days in each house be suspended, and this rule is hereby suspended,
   1-66  and that this Act take effect and be in force from and after its
   1-67  passage, and it is so enacted.
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