By Keffer, Swinford, Turner of Coleman, Walker,       H.B. No. 2156
         76R6905 WP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the county and road district highway fund.
 1-4           SECTION 1.  Sections 256.002(b) and (c), Transportation Code,
 1-5     are amended to read as follows:
 1-6           (b)  The money appropriated under Subsection (a)  shall be
 1-7     allocated among the counties as follows:
 1-8                 (1)  one-half [one-fifth according to area, determined
 1-9     by the ratio of the area of the county to the area of the state;]
1-10                 [(2)  two-fifths] according to rural population,
1-11     determined by the ratio of the rural population of the county to
1-12     the rural  population of the state; and
1-13                 (2)  one-half [(3)  two-fifths] according to lateral
1-14     road mileage, determined by the ratio of the mileage of lateral
1-15     roads in the  county to the mileage of lateral roads in the state
1-16     as of January 1 of the year of the allocation as shown by the
1-17     records of the State-Federal Highway Planning Survey and the
1-18     department.
1-19           (c)  On its own motion or at the request of a county, the
1-20     commission may have a survey made of the county's lateral road
1-21     mileage.  If a survey is made, its results shall be substituted for
1-22     the corresponding government information to be used under
1-23     Subsection (b)(2) [(3)].  The governmental entity that requests the
1-24     survey shall pay for  it.
 2-1           SECTION 2.  Section 256.003(a), Transportation Code, is
 2-2     amended to read as follows:
 2-3           (a)  A county may use the money it receives under Section
 2-4     256.002 only for:
 2-5                 (1)  purchasing right-of-way for lateral roads,
 2-6     farm-to-market roads, or state highways;
 2-7                 (2)  funding contracts for constructing and maintaining
 2-8     lateral roads, as provided by Chapter 262, Local Government Code,
 2-9     including  the hiring of labor and the purchase of materials,
2-10     supplies, and equipment; or
2-11                 (3)  paying the principal, interest, and sinking fund
2-12     requirements maturing during the fiscal year on bonds, warrants, or
2-13     other legal obligations incurred to finance activities described in
2-14     Subdivisions (1) and (2).
2-15           SECTION 3.  Section 153.503, Tax Code, is amended to read as
2-16     follows:
2-17           Sec. 153.503.  ALLOCATION OF GASOLINE TAX.  On or before the
2-18     fifth workday after the end of each month, the comptroller, after
2-19     making all deductions for refund purposes and for the amounts
2-20     allocated under Sections 153.502 and 153.5025, shall allocate the
2-21     net remainder of the taxes collected under Subchapter B as follows:
2-22                 (1)  one-fourth of the tax shall be deposited to the
2-23     credit of the available school fund;
2-24                 (2)  one-half of the tax shall be deposited to the
2-25     credit of the state highway fund for the construction and
2-26     maintenance of the state road system under existing law; and
2-27                 (3)  from the remaining one-fourth of the tax the
 3-1     comptroller shall:
 3-2                       (A)  deposit to the credit of the county and road
 3-3     district highway fund all the remaining tax receipts until a total
 3-4     of $50 million [$7,300,000] has been credited to the fund each
 3-5     fiscal year; and
 3-6                       (B)  after the amount required to be deposited to
 3-7     the county and road district highway funds has been deposited,
 3-8     deposit to the credit of the state highway fund the remainder of
 3-9     the one-fourth of the tax, the amount to be provided on the basis
3-10     of allocations made each month of the fiscal year, which sum shall
3-11     be used by the Texas Department of Transportation for the
3-12     construction, improvement, and maintenance of farm-to-market roads.
3-13           SECTION 4.  This Act takes effect September 1, 1999.
3-14           SECTION 5.  The importance of this legislation and the
3-15     crowded condition of the calendars in both houses create an
3-16     emergency and an imperative public necessity that the
3-17     constitutional rule requiring bills to be read on three several
3-18     days in each house be suspended, and this rule is hereby suspended.
3-19                          COMMITTEE AMENDMENT NO. 1
3-20           Amend H.B. No. 2156 on page 3, line 4, by striking "$50
3-21     million" and substituting "$25 million".
3-22                                                                  McCall