Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Alexander                                    H.B. No. 2168

                                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 Section 21.007,

1-16     Transportation Code.  The comptroller shall certify the amount to

1-17     be deposited to the account according to available statistical data

1-18     indicating the estimated average or actual consumption or sales of

1-19     aviation services, aircraft, and aviation parts.  If satisfactory

1-20     data are not available, the comptroller may require taxpayers who

1-21     make taxable sales or use of those taxable items to report to the

1-22     comptroller as necessary to make the allocation required by this

1-23     subsection.

1-24           (f)  In this section:

 2-1                 (1)  "Aviation part" means an item of tangible personal

 2-2     property designed and sold for aeronautical purposes.  The term

 2-3     does not include an item of tangible personal property designed and

 2-4     sold for agricultural purposes.

 2-5                 (2)  "Motor vehicle" means a trailer, a semi-trailer,

 2-6     or a self-propelled vehicle in or by which a person or property can

 2-7     be transported upon a public highway.  "Motor vehicle" does not

 2-8     include a device moved only by human power or used exclusively on

 2-9     stationary rails or tracks, a farm machine, a farm trailer, a

2-10     road-building machine, or a self-propelled vehicle used exclusively

2-11     to move farm machinery, farm trailers, or road-building machinery.

2-12                 (3) [(2)]  "Sporting goods" means an item of tangible

2-13     personal property designed and sold for use in a sport or sporting

2-14     activity, excluding apparel and footwear except that which is

2-15     suitable only for use in a sport or sporting activity, and

2-16     excluding board games, electronic games and similar devices,

2-17     aircraft and powered vehicles, and replacement parts and

2-18     accessories for any excluded item.

2-19           SECTION 2.  Section 171.401, Tax Code, is amended to read as

2-20     follows:

2-21           Sec. 171.401.  DEPOSIT OF REVENUE [DEPOSITED IN GENERAL

2-22     REVENUE FUND].  (a)  Except as provided by Subsection (b), the

2-23     [The] revenue from the tax imposed by this chapter on corporations

2-24     shall be deposited to the credit of the general revenue fund.

2-25           (b)  Revenue from the tax imposed by this chapter shall be

2-26     deposited to the credit of the public aviation account created by

2-27     Section 21.007, Transportation Code, if the revenue is collected

2-28     from taxes imposed on a person engaged in:

2-29                 (1)  aviation services;

2-30                 (2)  the distribution, sale, manufacture, storage, or

 3-1     repair of aircraft; or

 3-2                 (3)  the sale, manufacture, or repair of aviation parts

 3-3     and equipment.

 3-4           SECTION 3.  Subchapter A, Chapter 21, Transportation Code, is

 3-5     amended by adding Section 21.007 to read as follows:

 3-6           Sec. 21.007.  PUBLIC AVIATION ACCOUNT.  (a)  A public

 3-7     aviation account is created as a special account in the state

 3-8     highway fund.

 3-9           (b)  Money from the account may be appropriated only for the

3-10     benefit of publicly owned airports.

3-11           (c)  Section 403.095, Government Code, does not apply to the

3-12     account.

3-13           SECTION 4.  This Act applies only to the distribution of

3-14     revenue collected on or after the effective date of this Act.  The

3-15     distribution of revenue collected before the effective date of this

3-16     Act is governed by the law in effect at the time the revenue was

3-17     collected, and that law is continued in effect for the purpose of

3-18     the distribution of that revenue.

3-19           SECTION 5.  The importance of this legislation and the

3-20     crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three several

3-23     days in each house be suspended, and this rule is hereby suspended,

3-24     and that this Act take effect and be in force from and after its

3-25     passage, and it is so enacted.