78R3702 CBH-D

By:  Hilderbran                                                   H.B. No. 865


A BILL TO BE ENTITLED
AN ACT
relating to providing revenue from the gasoline tax to municipalities and counties for constructing and maintaining roads. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 153.118, Tax Code, is amended by adding Subsection (c) and amending Subsection (f) to read as follows: (c) On or before the 25th day of each month, a dealer shall file each report and supplement required by the comptroller. The report shall be executed by the dealer or the dealer's representative using a form provided or approved by the comptroller. The report must contain complete and detailed information regarding gasoline sold to persons using or consuming the gasoline. A dealer who has not sold any gasoline during the reporting period shall file the report with the comptroller and include that information on the report. Failure to obtain a form from the comptroller does not excuse a dealer from filing a report under this subsection. (f) On or before the 25th day of each month, a gasoline jobber shall file each report and supplement required by the comptroller. The report shall be executed by the gasoline jobber or the jobber's representative using a form provided or approved by the comptroller. The report must contain complete and detailed information regarding gasoline sold to persons using or consuming the gasoline. A gasoline jobber who has not sold any gasoline to persons using or consuming the gasoline during the reporting period shall file the report with the comptroller and include that information on the report. Failure to obtain a form from the comptroller does not excuse a gasoline jobber from filing a report under this subsection. [A gasoline jobber is not required to file a report with the comptroller.] SECTION 2. Subchapter F, Chapter 153, Tax Code, is amended by adding Section 153.5026 to read as follows: Sec. 153.5026. ALLOCATION OF CERTAIN REVENUE TO COUNTIES AND MUNICIPALITIES. (a) On or before the fifth workday of each month, the comptroller shall compute for the previous month: (1) the total number of gallons or fractional parts of gallons on which the tax imposed under Subchapter B was collected; (2) the total number of gallons or fractional parts of gallons on which the tax imposed under Subchapter B was collected and that was sold outside a municipality within each county to persons using or consuming the gasoline; and (3) the total number of gallons or fractional parts of gallons on which the tax imposed under Subchapter B was collected and that was sold within each municipality in each county to persons using or consuming the gasoline. (b) On or before the fifth workday of each month, the comptroller shall allocate revenue to counties and municipalities in accordance with this section. (c) The comptroller shall allocate to each county in this state an amount determined by: (1) multiplying by one cent the total number of gallons or fractional parts of gallons on which the tax imposed under Subchapter B was collected and that was sold outside a municipality within the county to persons using or consuming the gasoline; and (2) subtracting the apportioned costs of collecting the tax. (d) The comptroller shall allocate to each municipality in this state an amount determined by: (1) multiplying by one cent the total number of gallons or fractional parts of gallons on which the tax imposed under Subchapter B was collected and that was sold within the municipality to persons using or consuming the gasoline; and (2) subtracting the apportioned costs of collecting the tax. (e) Money received by a county or municipality under this section shall be deposited and maintained in an account separate from other revenue of the county or municipality. (f) A county or municipality may use revenue received under this section only to: (1) acquire rights-of-way; and (2) construct and maintain roads. SECTION 3. Section 153.503, Tax Code, is amended to read as follows: Sec. 153.503. ALLOCATION OF GASOLINE TAX. (a) On or before the fifth workday [after the end] of each month, the comptroller, after making all deductions for refund purposes and for the amounts allocated under Sections 153.502 and 153.5025, shall allocate the net remainder of the taxes collected under Subchapter B for the previous month as provided by this section. (b) One-fourth of the tax shall be deposited to the credit of the available school fund. (c) After allocating the money as provided by Section 153.5026, the comptroller shall allocate the net remainder of the taxes collected under Subchapter B for the previous month as follows: (1) [one-fourth of the tax shall be deposited to the credit of the available school fund; [(2)] one-half of the remainder [tax] shall be deposited to the credit of the state highway fund for the construction and maintenance of the state road system under existing law; and (2) [(3)] from the remaining portion [one-fourth] of the tax the comptroller shall: (A) deposit to the credit of the county and road district highway fund all the remaining tax receipts until a total of $7,300,000 has been credited to the fund each fiscal year; and (B) after the amount required to be deposited to the county and road district highway funds has been deposited, deposit to the credit of the state highway fund the remainder [of the one-fourth of the tax], the amount to be provided on the basis of allocations made each month of the fiscal year, which sum shall be used by the Texas Department of Transportation for the construction, improvement, and maintenance of farm-to-market roads. SECTION 4. This Act takes effect October 1, 2003.