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.
1-68 * * * * *