79R9000 MTB-D


By:  Phillips                                                     H.B. No. 2623



A BILL TO BE ENTITLED

AN ACT

relating to the distribution by the Texas Department of 
Transportation of certain assistance for the repair and maintenance 
of county roads.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 201.706, Transportation Code, is amended 
to read as follows:
	Sec. 201.706.  LOCAL GOVERNMENT ASSISTANCE.  (a) From 
appropriated funds, the department shall assist counties with 
materials and equipment to repair and maintain county roads.  The 
department shall:
		(1)  provide that the total annual value of assistance 
under this section is[:
			[(A)  at least $12 million per year for fiscal 
years 1998 and 1999;  and
			[(B)] at least $6 million per year [for a fiscal 
year other than 1998 or 1999];
		(2)  make maximum usage of surplus materials and 
equipment on hand;  
		(3)  develop rules and procedures to implement this 
section and to provide for the distribution of the assistance with 
preference given to counties with an above average number of 
overweight trucks receiving weight tolerance permits based on the 
previous year's permit totals;  and
		(4)  undertake cooperative and joint procurement of 
road materials with counties under Texas Building and Procurement
[General Services] Commission procedures.
	(b)  Chapter 2175, Government Code, does not apply to the 
distribution of assistance by the department under this section.
	(c)  Except as provided by Subsection (a)(4), this section 
does not authorize the department to purchase materials or 
equipment for a county.
	SECTION 2.  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.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.