BWH C.S.S.B. 205 75(R) BILL ANALYSIS COUNTY AFFAIRS C.S.S.B. 205 By: Madla (Alexander) 5-12-97 Committee Report (Substituted) BACKGROUND Currently, reporting requirements of a county auditor to the comptroller for expenditures used for public roads in the preceding county fiscal year or for the distribution of funds to a county are based on a calendar year. A survey of phone calls from county auditors and treasurers shows the requirement of reporting calendar years is more difficult than the reporting of county fiscal years. Current law (Sec. 251.005, Transportation Code) requires county commissioner, who act as road commissioners, to submit burdensome monthly road reports. Currently, Van Zandt county operates under the Special Road law passed in 1913 and amended in 1917 and 1921. The county would like to operate under a different section of the Transportation Code and needs legislation granting that authority. PURPOSE C.S.S.B. 205 requires the county auditor to report to the comptroller the expenditures required by the constitution or other law spent on public roads or highways used in the preceding county fiscal year and sets forth requirements for distribution of funds to a county. It also calls on county commissioners serving as road supervisors to submit a report during the ninth month of the fiscal year about all county roads and traffic control devices under the direction of the commissioner. C.S.S.B. 205 permits Van Zandt county to operate its county road system under this section of the Transportation Code rather than the Special Road law. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sec. 251.005(a), Transportation Code, as follows. (a) Changes the monthly road report to the county commissioner's court to an annual report submitted during the ninth month of the county fiscal year on a form to be approved by the court. The report must show: (2) the amount of money reasonably necessary to maintain roads in the precinct during the next fiscal year as opposed to the money "held by overseers to be spent on" roads; (3) the number of defaced or torn down traffic control devices in the precinct, instead of specifying "mileposts and fingerboards". Deletes Subsection (6) which required the commissioners to name each overseer who failed to work on roads or who may have neglected to perform their duties. SECTION 2. Amends Sec. 252.101(b), Transportation Code, by permitting Van Zandt county to operate its county road system under this section of the Transportation Code rather than the Special Road law passed in 1913 and amended in 1917 and 1921. SECTION 3. Amends Subchapter A, Chapter 256, Transportation Code, by adding Section 256.009, as follows: Sec. 256.009. (a) Requires the official performing the duties of the county auditor to file a report with the comptroller which states the amount of expenditures that have been used for county road and bridge construction, maintenance, rehabilitation, right-of-way acquisition, and utility construction and other appropriate road expenditures required by the constitution or other law to be spent on public roads or highways by January 30 of each year. Requires the report to be in a form prescribed by the comptroller. (b) Authorizes the comptroller to distribute money under Section 256.002(a) to a county only if the most recent report required by Subsection (a) has been filed. SECTION 4. In addition to the substantive changes made by this Act, Section 3 of this Act conforms Subchapter A, Chapter 256, Transportation Code, to Section 1, Chapter 568, Acts of the 74th Legislature, Regular Session, 1995. To the extent of any conflict, this Act prevails over another Act of the 75th Legislature, Regular Session, 1997, relating to nonsubstantive additions and amendments to enacted codes. SECTION 5. Emergency Clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1 of the original is moved to Section 3 of the substitute. Section 2 of the original is moved to Section 4 of the substitute. Section 3 of the original is moved to Section 5 of the substitute. Sections 1 and 2 of the substitute were not included in the original and are entirely new to the substitute. Section 1 of the substitute changes the monthly road report to the county commissioner's court to an annual report submitted during the ninth month of the county fiscal year on a form to be approved by the court. It also specifies what must be in the report. Section 2 of the substitute permits Van Zandt county to operate its county road system under this section of the Transportation Code rather than the Special Road law passed in 1913 and amended in 1917 and 1921.