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Amend CSSB 21 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 284.061(c), Transportation Code, is
amended to read as follows:
(c) Except as provided by Section 361.1375, if applicable,
the [The] county is entitled to immediate possession of property
subject to a condemnation proceeding brought by the county after:
(1) a tender of a bond or other security in an amount
sufficient to secure the owner for damages; and
(2) the approval of the bond or security by the court.
SECTION 2. Section 361.136, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.136. SEVERANCE OF REAL PROPERTY. (a) If a
turnpike project severs an owner's real property, the department
shall pay:
(1) the value of the property acquired; and
(2) the damages to the remainder of the owner's
property caused by the severance, including damages caused by the
inaccessibility of one tract from the other.
(b) The department may negotiate for and purchase the
severed real property or either part of the severed real property if
the department and the owner agree on terms for the purchase.
Instead of a single fixed payment for the real property, the
department may agree to a payment to the owner in the form of:
(1) an intangible legal right to receive a percentage
of identified revenue attributable to the applicable segment of the
turnpike project; or
(2) an exclusive or nonexclusive right to use or
operate a segment or part of the turnpike project.
(c) A right to a payment under Subsection (b)(1) is subject
to any pledge of the revenue under the term of a trust agreement
securing bonds issued for the project.
SECTION 3. Section 361.137, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.137. DECLARATION OF TAKING. (a) The department
may file a declaration of taking with the clerk of the court:
(1) in which the department files a condemnation
petition under Chapter 21, Property Code; or
(2) to which the case is assigned.
(b) The department may file the declaration of taking
concurrently with or subsequent to the petition but may not file the
declaration after the special commissioners have made an award in
the condemnation proceeding.
(c) The department may not file a declaration of taking
before the completion of:
(1) all environmental documentation, including a
final environmental impact statement or a record of decision, that
is required by federal or state law;
(2) all public hearings and meetings, including those
held in connection with the environmental process and under
Sections 201.604 and 203.021, that are required by federal or state
law; and
(3) all notifications required by Section 203.022.
(d) The declaration of taking must include:
(1) a specific reference to the legislative authority
for the condemnation;
(2) a description and plot plan of the real property to
be condemned, including the following information if applicable:
(A) the municipality in which the property is
located;
(B) the street address of the property; and
(C) the lot and block number of the property;
(3) a statement of the property interest to be
condemned;
(4) the name and address of each property owner that
the department can obtain after reasonable investigation and a
description of the owner's interest in the property; and
(5) a statement that immediate possession of all or
part of the property to be condemned is necessary for the timely
construction of a turnpike project.
(d-1) A deposit to the registry of the court of an amount
equal to the appraised value, as determined by the department, of
the property to be condemned must accompany the declaration of
taking.
(e) The date on which the declaration is filed is the date of
taking for the purpose of assessing damages to which a property
owner is entitled.
(f) After a declaration of taking is filed, the case shall
proceed as any other case in eminent domain under Chapter 21,
Property Code.
SECTION 4. Subchapter D, Chapter 361, Transportation Code,
is amended by adding Section 361.1375 to read as follows:
Sec. 361.1375. DECLARATION OF TAKING BY CERTAIN COUNTIES.
(a) This section applies only to a county with a population of 3.3
million or more that operates under Chapter 284.
(b) If, in connection with projects under Chapter 284, the
director authorizes the county to proceed in the manner provided by
Section 361.137:
(1) the county may file a declaration of taking and
proceed in the manner provided by Section 361.137 on any project of
the county under Chapter 284; and
(2) a reference to the department in Section 361.137
means the county.
SECTION 5. Section 361.138(b), Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
(b) If the condemned property is a homestead or a portion of
a homestead as defined by Section 41.002, Property Code, the
department may not take possession sooner than the 91st day after
the date of service under Subsection (a).
SECTION 6. Section 361.171, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
Sec. 361.171. TURNPIKE REVENUE BONDS. (a) The commission
by order may authorize the issuance of turnpike revenue bonds to pay
all or part of the cost of a turnpike project. Each project shall be
financed and built by a separate bond issue. The proceeds of a bond
issue may be used solely for the payment of the project for which
the bonds were issued and may not be divided between or among two or
more projects. Each project is a separate undertaking, the cost of
which shall be determined separately.
(b) As determined in the order authorizing the issuance, the
bonds of each issue shall:
(1) be dated;
(2) bear interest at the rate or rates provided by the
order and beginning on the dates provided by the order and as
authorized by law, or bear no interest;
(3) mature at the time or times provided by the order,
not exceeding 40 years from their date or dates; and
(4) be made redeemable before maturity, at the price
or prices and under the terms provided by the order.
(c) The commission may sell the bonds at public or private
sale in the manner and for the price it determines to be in the best
interest of the department.
(d) The proceeds of each bond issue shall be disbursed in
the manner and under the restrictions, if any, the commission
provides in the order authorizing the issuance of the bonds or in
the trust agreement securing the bonds.
(e) If the proceeds of a bond issue are less than the
turnpike project cost, additional bonds may be issued in the same
manner to pay the costs of a turnpike project. Unless otherwise
provided in the order authorizing the issuance of the bonds or in
the trust agreement securing the bonds, the additional bonds are on
a parity with and are payable, without preference or [of] priority,
from the same fund as the bonds first issued. In addition, the
commission may issue bonds for a turnpike project secured by a lien
on the revenue of the turnpike project subordinate to the lien on
the revenue securing other bonds issued for the turnpike project.
(f) If the proceeds of a bond issue exceed the cost of the
turnpike project for which the bonds were issued, the surplus shall
be segregated from the other money of the commission and used only
for the purposes specified in the order authorizing the issuance.
(g) In addition to other permitted uses, the proceeds of a
bond issue may be used to pay costs incurred before the issuance of
the bonds, including costs of environmental review, design,
planning, acquisition of property, relocation assistance,
construction, and operation.
(h) Bonds issued and delivered under this chapter and
interest coupons on the bonds are a security under Chapter 8,
Business & Commerce Code.
(i) Bonds issued under this chapter and income from the
bonds, including any profit made on the sale or transfer of the
bonds, are exempt from taxation in this state.
SECTION 7. Section 361.172, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.172. APPLICABILITY OF OTHER LAW; CONFLICTS. All
laws affecting the issuance of bonds by governmental entities,
including Chapters 1201, 1202, 1204, 1207, and 1371, Government
Code, apply to bonds issued under this chapter. To the extent of a
conflict between those laws and this chapter, the provisions of
this chapter prevail.
SECTION 8. Section 361.173(a), Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted and amended to read as follows:
(a) The principal of, interest on, and any redemption
premium on bonds issued by the commission under this chapter are
payable solely from:
(1) the revenue of the turnpike project for which the
bonds are [were] issued, including tolls pledged to pay the bonds;
[and]
(2) the proceeds of bonds issued for the turnpike
project;
(3) the amounts deposited in a debt service reserve
fund as required by the trust agreement securing bonds issued for
the turnpike project; and
(4) amounts received under a credit agreement relating
to the turnpike project for which the bonds are issued.
SECTION 9. Section 361.174, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
Sec. 361.174. SOURCES OF PAYMENT OF AND SECURITY FOR
TURNPIKE PROJECT BONDS. Notwithstanding any other provisions of
this chapter, turnpike project bonds issued by the commission may:
(1) be payable from and secured by:
(A) payments made under an agreement with a local
governmental entity as provided by Subchapter A, Chapter 362;
(B) the proceeds of bonds issued for the turnpike
project; or
(C) amounts deposited in a debt service reserve
fund as required by the trust agreement securing bonds issued for
the turnpike project; [,] and
(2) [may] state on their faces any pledge of revenue or
taxes and any security for the bonds under the agreement.
SECTION 10. Section 361.177, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
Sec. 361.177. PROVISIONS PROTECTING AND ENFORCING RIGHTS
AND REMEDIES OF BONDHOLDERS. A trust agreement or order providing
for the issuance of bonds may contain provisions to protect and
enforce the rights and remedies of the bondholders, including:
(1) covenants establishing the commission's duties
relating to:
(A) the acquisition of property;
(B) the construction, improvement, expansion,
maintenance, repair, operation, and insurance of the turnpike
project in connection with which the bonds were authorized; and
(C) the custody, safeguarding, and application
of money;
(2) covenants prescribing events that constitute
default;
(3) covenants prescribing terms on which any or all of
the bonds become or may be declared due before maturity;
(4) covenants relating to the rights, powers,
liabilities, or duties that arise on the breach of a duty of the
commission; and
(5) provisions for the employment of consulting
engineers in connection with the construction or operation of the
turnpike project.
SECTION 11. Section 361.178, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
Sec. 361.178. FURNISHING OF INDEMNIFYING BONDS OR PLEDGE OF
SECURITIES. A bank or trust company incorporated under the laws of
this state and that acts as depository of the proceeds of bonds or
of revenue may furnish indemnifying bonds or pledge securities that
the department requires.
SECTION 12. Section 361.179(a), Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted and amended to read as follows:
(a) The department may:
(1) impose tolls for the use of each turnpike project
and the different segments or parts [or sections] of each turnpike
project; and
(2) notwithstanding anything in Chapter 202 to the
contrary, contract with a person for the use of part of a turnpike
project or lease part of a turnpike project for a gas station,
garage, store, hotel, restaurant, railroad tracks, utilities, and
telecommunications facilities and equipment and set the terms for
the use or lease.
SECTION 13. Section 361.185(a), Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
(a) All money received under this chapter, whether as
proceeds from the sale of bonds or as revenue, is a trust fund to be
held and applied as provided by this chapter. Notwithstanding any
other law, including Section 9, Chapter 1123, Acts of the 75th
Legislature, Regular Session, 1997, and without the prior approval
of the comptroller, funds held under this chapter shall be held in
trust by a banking institution chosen by the department or, at the
discretion of the department, in trust in the state treasury
outside the general revenue fund.
SECTION 14. Section 361.189, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
Sec. 361.189. USE OF SURPLUS REVENUE. The commission by
order may authorize the use of surplus revenue of a turnpike project
to pay the costs of another turnpike project within the region. The
commission may in the order prescribe terms for the use of the
revenue, including the pledge of the revenue, but may not take an
action under this section that violates, impairs, or is
inconsistent with a bond order, trust agreement, or indenture
governing the use of the surplus revenue.
SECTION 15. Section 361.302, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted and amended to read as follows:
Sec. 361.302. COMPREHENSIVE DEVELOPMENT AGREEMENTS. (a)
Subject to Section 361.3021, the department may enter into a
comprehensive development agreement with a private entity to
construct, maintain, repair, operate, extend, or expand a turnpike
project.
(b) In this subchapter, "comprehensive development
agreement" means an agreement [with a private entity] that, at a
minimum, provides for the design and construction of a turnpike
project and may also provide for the financing, acquisition,
maintenance, or operation of a turnpike project.
(c) The department may negotiate provisions relating to
professional and consulting services provided in connection with a
comprehensive development agreement.
(d) Money disbursed by the department under a comprehensive
development agreement is not included in the amount:
(1) required to be spent in a state fiscal biennium for
engineering and design contracts under Section 223.041; or
(2) appropriated in Strategy A.1.1.
Plan/Design/Manage of the General Appropriations Act for that
biennium for the purpose of making the computation under Section
223.041.
(e) The authority to enter into comprehensive development
agreements provided by this section expires on August 31, 2011.
SECTION 16. Section 361.3021, Transportation Code, as added
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.3021. LIMITATION ON DEPARTMENT FINANCIAL
PARTICIPATION. The amount of money disbursed by the department
from the state highway fund and the Texas mobility fund during a
federal fiscal year to pay the costs under comprehensive
development agreements may not exceed 40 percent of the obligation
authority under the federal-aid highway program that is distributed
to this state for the fiscal year.
SECTION 17. Section 361.303(a), Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
(a) A turnpike project that is the subject of a
comprehensive development agreement with a private entity,
including the facilities acquired or constructed on the project, is
public property and belongs to the department.
SECTION 18. Section 361.305, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted and amended to read as follows:
Sec. 361.305. TERMS OF PRIVATE PARTICIPATION. (a) The
department shall negotiate the terms of private participation in a
turnpike project, including:
(1) methods to determine the applicable cost, profit,
and project distribution between the private equity investors and
the department;
(2) reasonable methods to determine and classify toll
rates;
(3) acceptable safety and policing standards; and
(4) other applicable professional, consulting,
construction, operation, and maintenance standards, expenses, and
costs.
(b) A comprehensive development agreement entered into
under Section 361.302 must include a provision authorizing the
department to purchase, under terms and conditions agreed to by the
parties, the interest of a private equity investor in a turnpike
agreement.
(c) The department may [only] enter into a comprehensive
development agreement under Section 361.302 with a private equity
investor only if the project is identified in the department's
unified transportation program or is located on a transportation
corridor identified in the statewide transportation plan.
SECTION 19. Section 361.306, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
Sec. 361.306. RULES, PROCEDURES, AND GUIDELINES GOVERNING
SELECTION AND NEGOTIATING PROCESS. (a) The commission shall adopt
rules, procedures, and guidelines governing selection and
negotiations to promote fairness, obtain private participants in
turnpike projects, and promote confidence among those
participants. The rules must contain criteria relating to the
qualifications of the participants and the award of the contracts.
(b) The department shall have up-to-date procedures for
participation in negotiations on turnpike projects.
(c) The department has exclusive judgment to determine the
terms of an agreement.
(d) The department shall include the attorney general or the
attorney general's designated representative in a negotiation with
a private participant.
SECTION 20. Section 361.307, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
Sec. 361.307. AGREEMENTS WITH PRIVATE ENTITIES AND OTHER
GOVERNMENTAL AGENCIES. (a) The department and a private entity
jointly may enter into an agreement with another governmental
agency or entity, including a federal agency, an agency of this or
another state, including the United Mexican States or a state of the
United Mexican States, or a political subdivision, to independently
or jointly provide services, to study the feasibility of a turnpike
project, or to finance, construct, operate, and maintain a turnpike
project.
(b) The department may not enter into an agreement with the
United Mexican States or a state of the United Mexican States
without the approval of the governor.
SECTION 21. Section 361.281, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
Sec. 361.281. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to:
(1) a county with a population of more than 1.5
million;
(2) a local government corporation serving a county
with a population of more than 1.5 million;
(3) an adjacent county in a joint turnpike authority
with a county with a population of more than 1.5 million;
(4) a municipality with a population of more than
170,000 that is adjacent to the United Mexican States;
(5) a regional tollway authority created under Chapter
366; or
(6) a regional mobility authority organized [created]
under Chapter 370 or Section 361.003, as that section existed
before June 22, 2003.
SECTION 22. The heading to Section 542.4031, Transportation
Code, as added by House Bill 3588, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
Sec. 542.4031. STATE TRAFFIC FINE [ADDITIONAL COURT COST].
SECTION 23. Sections 542.4031(a)-(d) and (h),
Transportation Code, as added by House Bill 3588, Acts of the 78th
Legislature, Regular Session, 2003, are amended to read as follows:
(a) In addition to the fine prescribed by Section 542.401 or
other section of this subtitle, as applicable [other costs,
including a cost under Section 542.403], a person convicted of an
offense under this subtitle shall pay $30 as a state traffic fine
[court cost].
(b) An officer collecting a state traffic fine [cost due]
under this section in a case in municipal court shall keep separate
records of the money collected and shall deposit the money in the
municipal treasury.
(c) An officer collecting a state traffic fine [cost due]
under this section in a justice, county, or district court shall
keep separate records of the money collected and shall deposit the
money in the county treasury.
(d) Each calendar quarter, an officer collecting a state
traffic fine [cost due] under this section shall submit a report to
the comptroller. The report must comply with Articles 103.005(c)
and (d), Code of Criminal Procedure. [If no money due as a cost
under this section is collected in any quarter, the report required
for that quarter shall be filed in the regular manner, and the
report shall state that no money due under this section was
collected.]
(h) Notwithstanding Subsection (g)(1), in any state fiscal
year the comptroller shall deposit 67 percent of the money [court
costs] received under Subsection (e)(2) [that subsection] to the
credit of the general revenue fund only until the total amount of
the money [court costs] deposited to the credit of the general
revenue fund under Subsection (g)(1) [that subsection] and [the
surcharges deposited to the credit of that fund under] Section
780.002(b), Health and Safety Code, equals $250 million for that
year. If in any state fiscal year the amount received by the
comptroller under those laws for deposit to the credit of the
general revenue fund exceeds $250 million, the comptroller shall
deposit the additional amount [received under Subsection (g)] to
the credit of the Texas mobility fund.
SECTION 24. Articles 45.051(c) and (d), Code of Criminal
Procedure, as amended by Senate Bills 631 and 1904, Acts of the 78th
Legislature, Regular Session, 2003, are reenacted and amended to
read as follows:
(c) On determining that the defendant has complied with the
requirements imposed by the judge under this article, the judge
shall dismiss the complaint, and it shall be clearly noted in the
docket that the complaint is dismissed and that there is not a final
conviction. If the complaint is dismissed, a special expense not to
exceed the amount of the fine assessed may be imposed.
(d) If by the conclusion of the deferral period the
defendant does not present satisfactory evidence that the defendant
complied with the requirements imposed, the judge may impose the
fine assessed or impose a lesser fine. The imposition of the fine
or lesser fine constitutes a final conviction of the defendant.
Regardless of whether the judge imposes the fine assessed or a
lesser fine, the judge shall impose the state traffic fine
prescribed by Section 542.4031, Transportation Code, if the offense
is defined by Subtitle C, Title 7, of that code.
SECTION 25. Article 45.051(c-1), Code of Criminal
Procedure, as added by Senate Bill 1904, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(c-1) This subsection applies only to an offense defined by
Subtitle C, Title 7 [involving the operation of a motor vehicle,
other than an offense under Section 545.413], Transportation Code.
At the conclusion of the deferral period, if the defendant presents
satisfactory evidence that the defendant has complied with the
requirements imposed, the justice shall impose the state traffic
fine prescribed by Section 542.4031, Transportation Code [proceed
with an adjudication of guilt but may not impose the fine assessed
or a reduced fine].
SECTION 26. Article 45.0511(l), Code of Criminal Procedure,
as amended by Senate Bills 631 and 1904, Acts of the 78th
Legislature, Regular Session, 2003, is reenacted to read as
follows:
(l) When a defendant complies with Subsection (c), the court
shall:
(1) remove the judgment and dismiss the charge;
(2) report the fact that the defendant successfully
completed a driving safety course or a motorcycle operator training
course and the date of completion to the Texas Department of Public
Safety for inclusion in the person's driving record; and
(3) state in that report whether the course was taken
under this article to provide information necessary to determine
eligibility to take a subsequent course under Subsection (b).
SECTION 27. Article 45.0511, Code of Criminal Procedure, is
amended by adding Subsection (l-1) as follows:
(l-1) This subsection applies only to a defendant charged
with an offense defined by Subtitle C, Title 7, Transportation
Code. When the defendant complies with Subsection (c), the court
shall impose the state traffic fine prescribed by Section 542.4031,
Transportation Code.
SECTION 28. Section 780.002(c), Health and Safety Code, as
added by House Bill 3588, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(c) Notwithstanding Subsection (b), in any state fiscal
year the comptroller shall deposit 49.5 percent of the surcharges
collected under Chapter 708, Transportation Code, to the credit of
the general revenue fund only until the total amount of the
surcharges deposited to the credit of the general revenue fund
under Subsection (b), and the state traffic fines [court costs]
deposited to the credit of that fund under Section 542.4031(g)(1),
Transportation Code, equals $250 million for that year. If in any
state fiscal year the amount received by the comptroller under
those laws for deposit to the credit of the general revenue fund
exceeds $250 million, the comptroller shall deposit [49.5 percent
of] the additional amount [received under Subsection (a) to the
account established under this chapter and 49.5 percent of the
additional amount] to the credit of the Texas mobility fund.
SECTION 29. Section 370.003(1), Transportation Code, as
added by House Bill 3588, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(1) "Authority" means a regional mobility authority
organized under this chapter or under Section 361.003, as that
section existed before June 22 [September 1], 2003.
SECTION 30. Section 20.02, House Bill 3588, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
Sec. 20.02. (a) [The comptroller shall establish the Texas
mobility fund debt service account as a dedicated account within
the general revenue fund.
[(b)] Notwithstanding Sections 780.002(b) and (c)
[780.002(a) and (b)], Health and Safety Code, as added by this Act,
of the money allocated to the undedicated portion of the general
revenue fund by Section 780.002(b) [780.002(a)], Health and Safety
Code, as added by this Act, other than money that may only be
appropriated to the Department of Public Safety, in state fiscal
years [year] 2004 and 2005 the comptroller shall deposit that money
to the credit of the Texas mobility fund instead of to the credit of
the general revenue fund [debt service account, which is subject to
the provisions of Subsection (d)].
(b) [(c)] Notwithstanding Section 542.4031(g)(1),
Transportation Code, as added by this Act, of the money allocated to
the undedicated portion of the general revenue fund in Section
542.4031(g)(1), Transportation Code, in state fiscal years [year]
2004 and 2005 the comptroller shall deposit that money to the credit
of the Texas mobility fund instead of to the credit of the general
revenue fund [debt service account, which is subject to the
provisions of Subsection (d)].
(c) [(d) Funds deposited to the Texas mobility fund debt
service account pursuant to Subsections (b) and (c) may be
transferred to the Texas mobility fund upon certification by the
Texas Transportation Commission to the comptroller that a payment
is due under an obligation pursuant to Section 49-k, Article 3,
Texas Constitution. Funds in the Texas mobility fund debt service
account are not appropriated in the state fiscal year ending August
31, 2004.
[(e)] Notwithstanding Sections 521.058, 521.313(c),
521.3466(e), 521.427, 522.029(i), 524.051(c), 548.508, 644.153(i),
and 724.046(c), Transportation Code, as added by this Act, to the
extent that those sections allocate funds to the Texas mobility
fund, in state fiscal years [year] 2004 and 2005 the comptroller
shall deposit those funds to the credit of the general revenue fund
instead of to the credit of the Texas mobility fund.
SECTION 31. An amount of funds estimated to be $231,700,000
deposited to the credit of the general revenue fund in state fiscal
year 2005 under Section 20.02(c), House Bill 3588, Acts of the 78th
Legislature, Regular Session, 2003, as amended by this Act, is
appropriated out of the general revenue fund for the state fiscal
biennium beginning September 1, 2003, to replace an equal amount of
federal fiscal relief funds utilized to certify general revenue
appropriations made by House Bill 1, Acts of the 78th Legislature,
Regular Session, 2003 (the General Appropriations Act). The
federal fiscal relief funds so replaced are appropriated to the
comptroller for the state fiscal biennium beginning September 1,
2003, for the purposes described by Section 11.28, Article IX,
House Bill 1, Acts of the 78th Legislature, Regular Session, 2003
(the General Appropriations Act).
SECTION 32. Section 11.28(a), Article IX, House Bill 1,
Acts of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act), is amended to read as follows:
(a) Notwithstanding other provisions of this Act, based
upon the passage of federal legislation that provides federal funds
for the purpose of state fiscal relief, such funds are
appropriated[, after the implementation of Section 11.15,
Contingency Appropriation Reduction and Contingency
Appropriation,] to the Comptroller of Public Accounts in the fiscal
year in which the funds are received for the purpose of transferring
funds to state agencies for state fiscal relief, as directed by the
Governor and Legislative Budget Board acting under Chapter 317,
Government Code, and in accordance with [provided by] subsection
(b) of this section.
SECTION 33. Sections 361.181, 361.182, and 361.184,
Transportation Code, and Section 361.3025, Transportation Code, as
added by Section 61, House Bill 3184, Acts of the 78th Legislature,
Regular Session, 2003, are repealed.
SECTION 34. Section 521.427(c), Transportation Code, as
added by Section 11.04, House Bill 3588, Acts of the 78th
Legislature, Regular Session, 2003, is repealed.
SECTION 35. (a) Except as otherwise provided by Subsection
(b) of this section, this Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
(b) Sections 22-28 and 34 of this Act take effect September
1, 2003, if this Act receives a vote of two-thirds of all the
members elected to each house, as provided by Section 39, Article
III, Texas Constitution.
(c) If this Act does not receive the vote necessary for
effect as provided by Subsections (a) and (b) of this section, this
Act takes effect on the 91st day after the last day of the
legislative session.