By:  Shapiro                                           S.B. No. 896
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to county and road district highway fund.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 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 ration of the area of the county to the area of the state;]
1-10                 [(2)  two-fifths] according to total county [rural]
1-11     population, determined by the ratio of the [rural] population of
1-12     the county to the [rural] population of the state; [and]
1-13                 (2)  one-half [(3)  two-fifths] according to miles of
1-14     lanes of county roads, determined by the ratio of the mileage of
1-15     lanes of county [lateral] roads in the county to the mileage of
1-16     lanes of county [lateral] roads in the state as of January 1 of the
1-17     year of the allocation as shown by the records of the
1-18     [State-Federal Highway Planning Survey and the] department; and
1-19                 (3)  each county shall receive no less than 150% of the
1-20     funding it received in fiscal year 2000.
1-21           (c)  On its own motion or at the request of a county, the
1-22     commission may have a survey made of the county's lane [lateral
1-23     road] mileage.  If a survey is made, its result shall be
 2-1     substituted for the corresponding governmental information to be
 2-2     used under Subsection (b)(2) [(b)(3)].  The governmental entity
 2-3     that requests the survey shall pay for it.
 2-4           SECTION 2.  Section 256.003(a), Transportation Code, is
 2-5     amended to read as follows:
 2-6           (a)  A county may use the money it receives under Section
 2-7     256.002 only for:
 2-8                 (1)  purchasing right-of-way for lateral roads,
 2-9     farm-to-market roads, or state highways;
2-10                 (2)  funding contracts for construction and maintaining
2-11     lateral roads, as provided by Chapter 262, Local Government Code,
2-12     including the hiring of labor and the purchase of materials,
2-13     supplies, and equipment; or
2-14                 (3)  paying the principal, interest, and sinking fund
2-15     requirements maturing during the fiscal year on bonds, warrants, or
2-16     other legal obligations incurred to finance activities described in
2-17     Subdivisions (1) and (2).
2-18           SECTION 3.  Section 152.122, Tax Code, is amended to read as
2-19     follows:
2-20           Sec. 152.122.  Allocation of Tax.  The comptroller shall
2-21     deposit the funds received under Section 152.121 of this code as
2-22     follows:
2-23           (1)  1/4 to the credit of the foundation school fund; [and]
2-24           (2)  1 percent to the credit of the county and road district
2-25     highway fund; and
2-26           (3)  the remaining funds to the credit of the general revenue
 3-1     fund.
 3-2           SECTION 4.  This Act takes effect September 1, 2001.