By:  Fraser                                           S.B. No. 1068
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the disposition of revenue from the motor vehicle sales
 1-2     tax by certain counties.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 152.121, Tax Code, is amended by amending
 1-5     the heading and adding Subsection (d) to read as follows:
 1-6           Sec. 152.121.  TAX SENT TO COMPTROLLER:  COUNTIES WITH A
 1-7     POPULATION OF MORE THAN 10,000.
 1-8           (d)  Subsections (a) and (c) apply only to a county with a
 1-9     population of more than 10,000.
1-10           SECTION 2.  Subchapter G, Chapter 152, Tax Code, is amended
1-11     by adding Section 152.1211 to read as follows:
1-12           Sec. 152.1211.  TAX SENT TO COMPTROLLER:  COUNTIES WITH A
1-13     POPULATION OF 10,000 OR LESS.  (a)  This section applies only to a
1-14     county with a population of 10,000 or less.
1-15           (b)  The county tax assessor-collector shall send 95 percent
1-16     of the money collected from taxes and penalties imposed by this
1-17     chapter to the comptroller and shall retain five percent of the
1-18     taxes and penalties collected under this chapter as fees of office
1-19     or to be paid into the officers' salary fund of the county as
1-20     provided by general law.
1-21           (c)  The state portion of the taxes collected under this
1-22     chapter by a county tax assessor-collector shall be sent to the
1-23     comptroller as follows:
1-24                 (1)  on the 10th day of each month if during the last
 2-1     preceding state fiscal year less than $2 million of the taxes and
 2-2     penalties imposed by this chapter was collected by the office of
 2-3     the county tax assessor-collector;
 2-4                 (2)  once each week if during the last preceding state
 2-5     fiscal year $2 million or more, but less than $10 million, of the
 2-6     taxes and penalties imposed by this chapter was collected by the
 2-7     office of the county tax assessor-collector; or
 2-8                 (3)  daily (as collected) if during the last preceding
 2-9     state fiscal year $10 million or more of the taxes and penalties
2-10     imposed by this chapter was collected by the office of the county
2-11     tax assessor-collector.
2-12           SECTION 3.  Subsection (b), Section 502.102, Transportation
2-13     Code, is amended to read as follows:
2-14           (b)  Each Monday, a county assessor-collector shall credit to
2-15     the county road and bridge fund an amount equal to the net
2-16     collections made during the preceding week until the amount so
2-17     credited for the calendar year equals the total of:
2-18                 (1)  $60,000;
2-19                 (2)  $350 for each mile of county road maintained by
2-20     the county, according to the most recent information available from
2-21     the department, not to exceed 500 miles;
2-22                 (3)  for a county with a population of more than
2-23     10,000, an amount equal to five percent of the tax and penalties
2-24     collected by the assessor-collector under Chapter 152, Tax Code, in
2-25     the preceding calendar year; and
2-26                 (4)  for a county with a population of more than
 3-1     10,000, an amount equal to five percent of the tax and penalties
 3-2     collected by the comptroller under Section 152.047, Tax Code, in
 3-3     the preceding calendar year.
 3-4           SECTION 4.  Subsection (e), Section 502.108, Transportation
 3-5     Code, is amended to read as follows:
 3-6           (e)  Registration fees that represent amounts of tax and
 3-7     penalties collected under Chapter 152, Tax Code, during the
 3-8     preceding year that are retained by a county with a population of
 3-9     more than 10,000 may be used only for:
3-10                 (1)  county road construction, maintenance, and repair;
3-11                 (2)  bridge construction, maintenance, and repair;
3-12                 (3)  the purchase of right-of-way for road or highway
3-13     purposes; or
3-14                 (4)  the relocation of utilities for road or highway
3-15     purposes.
3-16           SECTION 5.  This Act takes effect January 1, 2000.
3-17           SECTION 6.  The importance of this legislation and the
3-18     crowded condition of the calendars in both houses create an
3-19     emergency and an imperative public necessity that the
3-20     constitutional rule requiring bills to be read on three several
3-21     days in each house be suspended, and this rule is hereby suspended.