1-1 By: Ogden S.B. No. 713
1-2 (In the Senate - Filed February 25, 1999; March 1, 1999, read
1-3 first time and referred to Committee on Finance; May 12, 1999,
1-4 reported favorably, as amended, by the following vote: Yeas 8,
1-5 Nays 2; May 12, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Ogden
1-7 Amend S.B. No. 713 (Senate filed version) on page 1, line 63,
1-8 by striking "$50 million" and substituting "$25 million".
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the county and road district highway fund.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsections (b) and (c), Section 256.002,
1-14 Transportation Code, are amended to read as follows:
1-15 (b) The money appropriated under Subsection (a) shall be
1-16 allocated among the counties as follows:
1-17 (1) one-half [one-fifth according to area, determined
1-18 by the ratio of the area of the county to the area of the state;]
1-19 [(2) two-fifths] according to rural population,
1-20 determined by the ratio of the rural population of the county to
1-21 the rural population of the state; and
1-22 (2) one-half [(3) two-fifths] according to lateral
1-23 road mileage, determined by the ratio of the mileage of lateral
1-24 roads in the county to the mileage of lateral roads in the state as
1-25 of January 1 of the year of the allocation as shown by the records
1-26 of the State-Federal Highway Planning Survey and the department.
1-27 (c) On its own motion or at the request of a county, the
1-28 commission may have a survey made of the county's lateral road
1-29 mileage. If a survey is made, its results shall be substituted for
1-30 the corresponding government information to be used under
1-31 Subsection (b)(2) [(b)(3)]. The governmental entity that requests
1-32 the survey shall pay for it.
1-33 SECTION 2. Subsection (a), Section 256.003, Transportation
1-34 Code, is amended to read as follows:
1-35 (a) A county may use the money it receives under Section
1-36 256.002 only for:
1-37 (1) purchasing right-of-way for lateral roads,
1-38 farm-to-market roads, or state highways;
1-39 (2) funding contracts for constructing and maintaining
1-40 lateral roads, as provided by Chapter 262, Local Government Code,
1-41 including the hiring of labor and the purchase of materials,
1-42 supplies, and equipment; or
1-43 (3) paying the principal, interest, and sinking fund
1-44 requirements maturing during the fiscal year on bonds, warrants, or
1-45 other legal obligations incurred to finance activities described in
1-46 Subdivisions (1) and (2).
1-47 SECTION 3. Section 153.503, Tax Code, is amended to read as
1-48 follows:
1-49 Sec. 153.503. ALLOCATION OF GASOLINE TAX. On or before the
1-50 fifth workday after the end of each month, the comptroller, after
1-51 making all deductions for refund purposes and for the amounts
1-52 allocated under Sections 153.502 and 153.5025, shall allocate the
1-53 net remainder of the taxes collected under Subchapter B as follows:
1-54 (1) one-fourth of the tax shall be deposited to the
1-55 credit of the available school fund;
1-56 (2) one-half of the tax shall be deposited to the
1-57 credit of the state highway fund for the construction and
1-58 maintenance of the state road system under existing law; and
1-59 (3) from the remaining one-fourth of the tax the
1-60 comptroller shall:
1-61 (A) deposit to the credit of the county and road
1-62 district highway fund all the remaining tax receipts until a total
1-63 of $50 million [$7,300,000] has been credited to the fund each
2-1 fiscal year; and
2-2 (B) after the amount required to be deposited to
2-3 the county and road district highway funds has been deposited,
2-4 deposit to the credit of the state highway fund the remainder of
2-5 the one-fourth of the tax, the amount to be provided on the basis
2-6 of allocations made each month of the fiscal year, which sum shall
2-7 be used by the Texas Department of Transportation for the
2-8 construction, improvement, and maintenance of farm-to-market roads.
2-9 SECTION 4. This Act takes effect September 1, 1999.
2-10 SECTION 5. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.
2-15 * * * * *