Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Alexander H.B. No. 2882
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection and use of the gasoline tax.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 153.503, Tax Code is amended to read as
1-5 follows:
1-6 Sec. 153.503 Allocation of Gasoline Tax. On or before the
1-7 fifth workday after the end of each month, the comptroller, after
1-8 making all deductions for refund purposes and for the amounts
1-9 allocated under Sections 153.502 and 153.5025, shall allocate the
1-10 net remainder of the taxes collected under Subchapter B as
1-11 follows:
1-12 (1) one-fourth of the tax shall be deposited to the
1-13 credit of the available school fund;
1-14 (2) one-half of the tax shall be deposited to the
1-15 credit of the state highway fund for the construction and
1-16 maintenance of the state road system under existing law; [and]
1-17 (3) [from the remaining one-fourth of the tax the
1-18 comptroller shall:] one-tenth of the tax shall be deposited to the
1-19 credit of the county and road district highway fund; and
1-20 [(A) deposit to the credit of the county and
1-21 road district highway fund all the remaining tax receipts until a
1-22 total of $7,300,000 has been credited to the fund each fiscal year;
1-23 and]
1-24 (4) [after the amount required to be deposited to the
2-1 county and road district highway funds has been deposited,] deposit
2-2 to the credit of the state highway fund the remainder of the
2-3 [one-fourth of the] tax, the amount to be provided on the basis of
2-4 allocations made each month of the fiscal year, which sum shall be
2-5 used by the State Department of Highways and Public Transportation
2-6 for the construction, improvement, and maintenance of
2-7 farm-to-market roads.
2-8 SECTION 2. Article 256.002(b), Transportation Code is
2-9 amended to read as follows:
2-10 Sec. 256.002. Distribution of County and Road District
2-11 Highway Fund. (b) The money appropriated under Subsection(a)
2-12 shall be allocated among the counties as follows:
2-13 (1) [one-fifth according to area determined by the
2-14 ratio of the area of the county to the area of the state,] one-half
2-15 according to population determined by the ratio of the population
2-16 of the county to the population of the state; and,
2-17 [(2) two-fifths according to rural population,
2-18 determined by the ratio of the rural population of the county to
2-19 the rural population of the state; and,]
2-20 [(3) two-fifths] (2) one-half according to lateral
2-21 road mileage, determined by the ratio of the mileage of lateral
2-22 roads in the county to the mileage of lateral roads in the state as
2-23 of January 1 of the year of the allocation as shown by the records
2-24 of the State-Federal Highway Planning Survey and the department.
2-25 SECTION 3. Article 256.003(a), Transportation Code is
2-26 amended to read as follows:
2-27 Sec. 256.003. Use of Revenues From County and Road District
2-28 Highway Fund. (a) A county may use the money it receives under
2-29 Section 256.002 only for:
2-30 (1) purchasing right-of-way for lateral roads,
3-1 farm-to-market roads, or state highways:
3-2 (2) funding contracts for constructing and maintaining
3-3 lateral roads, as provided by Chapter 262, Local Government Code
3-4 [including the hiring of labor and the purchase of materials,
3-5 supplies, and equipment]; or
3-6 (3) paying the principal, interest, and sinking fund
3-7 requirements maturing during the fiscal year on bonds, warrants, or
3-8 other legal obligations incurred to finance activities described in
3-9 Subdivisions (1) and (2).
3-10 SECTION 4. This Act takes effect on September 1, 1997.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days is each house be suspended, and this rule is hereby suspended.