This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1044

                                                                                                                                            By: Janek

                                                                                                          Land & Resource Management

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The Texas coast suffers from one of the highest rate of coastal erosion in the country. The need for healthy, full beaches is necessary for maintaining wildlife, protecting homes along the shore, and the encouragement of tourism, which many coastal communities depend upon for their tax base. 

 

The purpose of S.B. 1044 is to provide funding for qualified coastal projects to mitigate coastal erosion. The bill creates the Coastal Protection and Improvement Fund administered by the commissioner of the General Land Office (GLO). The bill directs the comptroller to deposit a portion of the collections from the hotel occupancy tax received from coastal counties beginning September 1, 2007, into the fund. Currently, the twelve costal counties collect $384.5 million from the hotel occupancy tax. Funds from the Coastal Protection and Improvement Fund will be used for “qualified projects” as determined by the GLO.

 

RULEMAKING AUTHORITY

 

It is the opinion of the committee that this bill does not expressly grant any additional rulemaking authority to a state office, department, agency, or institution.

 

ANALYSIS

 

SECTION 1.               Creates legislative findings regarding coastal erosion in Texas.

 

SECTION 2.               Amends Chapter 33, Natural Resources Code, by adding Subchapter I, as                                       follows:

 

                                    Defines numerous terms ("Bond," "Coastal county," "Coastal erosion,"                                            "Coastal improvement project," "Coastal protection project," "Coastal                                             protection and improvement fund," "County coastal protection and                                                      improvement fund," "Project cost," " Public beach," Qualified agreement,"                                   "Qualified payment" and "Qualified project").

 

                                    Provides that certain municipalities in coastal counties are covered by the                                       provisions in the new subchapter.

 

                                    Creates the Coastal Protection and Improvement Fund as a trust fund held                                                 by the Texas Treasury Safekeeping Trust Company.

 

                                                Requires the comptroller to deposit into the fund money collected                                                   in coastal counties from the hotel occupancy tax collected at a rate                                                  of 4%.

 

                                                Requires the commissioner to allocate 5% of the fund to                                                                  administration costs and the coastal monitoring program and the                                                    sea turtle and shore monitoring programs.

 

                                                Requires the commissioner to allocate 95% of the fund to coastal                                                    counties under the new subchapter.   

 

                                    Authorizes the fund to be used for certain coastal projects and under                                              certain conditions and circumstances.           

 

                                    Creates a County Coastal Protection and Improvement Fund in each                                               coastal county.

 

                                                Requires counties to use money in its fund to pay project costs.

 

                                    States the requirements for a project to be eligible for funding.

 

                                    Authorizes the GLO and a coastal county to enter into agreements related                                      to a qualified project and project costs.

 

                                    Specifies the requirements, duties of parties, and limitations regarding                                            qualified payments.

 

                                                Requires the commissioner to make qualified payments to a coastal                                                 county based on GLO's estimate of the expected project costs in                                                     the fiscal year in which the payment is made.

 

                                                Requires the commissioner to recover overpayments when a                                                             qualified payment to a coastal county exceeds the project costs of                                                   projects undertaken by the county during that year. Creates                                                                         exceptions.

 

                                                Prohibits a coastal county from using qualified payment as a local                                                   match for funding under a state program, but authorizes such                                                          money to be used as a local match for funding under a federal                                                         program.                                   

 

                                    Specifies the requirements, duties of parties, and limitations regarding                                            equalization payments (a system by which each coastal county is allocated                          funds regardless of the revenue raised in the county by the hotel                                                             occupancy tax.

 

                                    Establishes the general powers of coastal counties.

 

                                                A coastal county has all the rights, powers, privileges, authority,                                                      and functions that are necessary or convenient to plan and                                                               complete a qualified project and to fund a reserve or other fund                                                      relating to bonds.

 

                                                Authorizes a coastal county to issue bonds to pay for project costs.

 

                                                A coastal county may do anything necessary, convenient, or                                                            desirable to carry out the powers expressly granted or implied by                                                     this subchapter.

 

                                    Authorizes a coastal county to contract with the United States, this state,                                       or a political subdivision of this state to implement a qualified project.

 

                                                Authorizes a coastal county to enter into a contract, lease, or                                                            agreement with or make or accept grants and loans to or from the                                                    United States, this state, a political subdivision of the state, a                                                          corporation or any other person.

 

                                    Authorizes a coastal county to pay project costs from general or available                                       funds, payments received from the GLO, contract reserves, ad valorem                                          taxes, sales taxes, the proceeds of bonds, or any combination of those                                        funds.

 

                                    Authorizes bonds issued by a coastal county under this subchapter to be                                         purchased by the Texas Water Development Board.

 

SECTION 3.               Amends Subchapter F, Chapter 156, Tax Code, by adding Section                                                   156.2513, as follows:

 

                                    Requires the comptroller from September 1, 2007 on to compute the                                               amount of revenue from the collection of hotel occupancy taxes at a rate                                        of 4%             received from hotels in coastal counties and then deposit it into the                                                 Coastal Protection and Improvement Fund.

 

SECTION 4.               Transition Clause.

 

SECTION 5.               Effective Date.

 

EFFECTIVE DATE

 

Effective date is September 1, 2005, or immediately if approved by two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.