By: Phillips H.B. No. 3308
A BILL TO BE ENTITLED
AN ACT
relating to the revenue sources for and administration of the Texas
Mobility Fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 45.0511(f) and (h), Code of Criminal
Procedure, are amended to read as follows:
(f) In addition to court costs and fees authorized or
imposed by a law of this state and applicable to the offense, the
court may:
(1) require a defendant requesting a course under
Subsection (b) to pay a [an administrative] fee set by the court [to
cover the cost of administering this article] at an amount of not
more than $40 but not less than $30 [$10]; or
(2) require a defendant requesting a course under
Subsection (d) to pay a fee set by the court at an amount not to
exceed the maximum amount of the fine for the offense committed by
the defendant.
(h) Fees collected by a municipal court shall be deposited
in the municipal treasury. Fees collected by another court shall be
deposited in the county treasury of the county in which the court is
located. A municipality or county shall send $30 of each fee
collected under Subsection (f)(1) to the comptroller for deposit to
the credit of the Texas Mobility Fund.
SECTION 2. Subchapter B, Chapter 2302, Occupations Code, is
amended by adding Section 2302.054 to read as follows:
Sec. 2302.054. DISPOSITION OF FEES. Each fee collected by
the department under this chapter shall be deposited to the credit
of the Texas Mobility Fund.
SECTION 3. Subchapter B, Chapter 2303, Occupations Code, is
amended by adding Section 2303.055 to read as follows:
Sec. 2303.055. DISPOSITION OF FEES. Each fee and penalty
collected by the department under this chapter shall be deposited
to the credit of the Texas Mobility Fund.
SECTION 4. Section 151.801, Tax Code, is amended by
amending Subsections (a) and (d) and adding Subsection (c-1) to
read as follows:
(a) Except for the amounts allocated under Subsections (b),
[and] (c), and (c-1), all proceeds from the collection of the taxes
imposed by this chapter shall be deposited to the credit of the
general revenue fund.
(c-1) The amount of the proceeds from the collection of the
taxes imposed by this chapter on the following shall be deposited to
the credit of the Texas Mobility Fund:
(1) the sale, storage, or use of aircraft and aircraft
component parts;
(2) repair, remodeling, and maintenance services to
aircraft, aircraft engines, or aircraft component parts; and
(3) machinery, tools, supplies, and equipment used or
consumed in the repair, remodeling, or maintenance of aircraft,
aircraft engines, or aircraft component parts.
(d) The comptroller shall determine the amount to be
deposited to the highway fund under Subsection (b) according to
available statistical data indicating the estimated average or
actual consumption or sales of lubricants used to propel motor
vehicles over the public roadways. The comptroller shall determine
the amounts to be deposited to the funds or accounts under
Subsection (c) according to available statistical data indicating
the estimated or actual total receipts in this state from taxable
sales of sporting goods. The comptroller shall determine the
amounts to be deposited to the Texas Mobility Fund under Subsection
(c-1) according to available statistical data indicating the
estimated or actual total receipts in this state from taxable
sales, services, and consumption of aircraft, aircraft engines, or
aircraft component parts. If satisfactory data are not available,
the comptroller may require taxpayers who make taxable sales or
uses of those lubricants, [or] of sporting goods, or of aircraft,
aircraft engines, or aircraft component parts, or machinery, tools,
supplies, and equipment used to repair aircraft, aircraft engines,
or aircraft component parts, to report to the comptroller as
necessary to make the allocation required by Subsection (b), [or]
(c), or (c-1).
SECTION 5. Section 152.122, Tax Code, is amended to read as
follows:
Sec. 152.122. ALLOCATION OF TAX. (a) Except as provided by
Subsection (b), the [The] comptroller shall deposit the funds
received under Section 152.121 of this code as follows:
(1) 1/4 to the credit of the foundation school fund;
and
(2) the remaining funds to the credit of the general
revenue fund.
(b) The comptroller shall deposit the money collected from
the taxes imposed by Section 152.026 to the credit of the Texas
Mobility Fund.
SECTION 6. Section 171.401, Tax Code, is amended to read as
follows:
Sec. 171.401. DISPOSITION OF REVENUE [DEPOSITED IN GENERAL
REVENUE FUND]. (a) Except as provided by Subsection (b), the [The]
revenue from the tax imposed by this chapter on corporations shall
be deposited to the credit of the general revenue fund.
(b) The revenue from the tax imposed by this chapter on
corporations engaged in the sale or use of aircraft, aircraft
engines, or aircraft component parts, or the repair, remodeling, or
maintenance of aircraft, aircraft engines, or aircraft component
parts, shall be deposited to the credit of the Texas Mobility Fund.
(c) The comptroller shall determine the amounts to be
deposited to the Texas Mobility Fund under Subsection (b) according
to available statistical data indicating the estimated or actual
total receipts in this state from taxes on corporations engaged in
the sale or use of aircraft, aircraft engines, or aircraft
component parts, or the repair, remodeling, or maintenance of
aircraft, aircraft engines, or aircraft component parts. If
satisfactory data are not available, the comptroller may require
corporations engaged in the sale or use of aircraft, aircraft
engines, or aircraft component parts, or the repair, remodeling, or
maintenance of aircraft, aircraft engines, or aircraft component
parts, to report to the comptroller as necessary to make the
allocation required by Subsection (b).
SECTION 7. Sections 201.943(b), (c), (f), and (j),
Transportation Code, are amended to read as follows:
(b) Obligations must be secured by and payable from a pledge
of and lien on all or part of the money in the fund, including the
revenues of the state dedicated or appropriated for deposit to the
fund. Obligations may be additionally secured by and payable from
credit agreements. The commission may pay amounts due on the
obligations from discretionary money available to it that is not
dedicated to or appropriated for other specific purposes.
(c) The commission may create within the fund accounts,
reserves, and subfunds for purposes the commission finds
appropriate and necessary [in connection with the issuance of
obligations].
(f) Short-term obligations in the amount proposed by the
commission may not be issued unless the comptroller, in a
comptroller's certification:
(1) assumes that the short-term obligations will be
refunded and refinanced to mature over a 20-year period with level
debt service [principal] requirements and bearing interest at then
current market rates, as determined by the comptroller; and
(2) projects that the amount of money dedicated to the
fund pursuant to Section 49-k(e), Article III, Texas Constitution,
and required to be on deposit in the fund pursuant to Section
49-k(f), Article III, Texas Constitution, and the investment
earnings on that money, during each year of the assumed 20-year
period will be equal to at least 110 percent of the requirements to
pay the principal of and interest on the proposed refunding
obligations during that year.
(j) A comptroller's certification under this section must
be based on economic data, forecasting methods, and projections
that the comptroller determines are reliable. In determining the
principal and interest requirements on outstanding and proposed
obligations, and subject to the express limitations of this
subchapter and Section 49-k, Article III, Texas Constitution, the
comptroller shall rely on the assumptions included in the
resolution authorizing the obligations for the calculation of debt
service.
SECTION 8. Section 501.138(c), Transportation Code, is
amended to read as follows:
(c) Of the amount received under Subsection (b)(2), the
department shall deposit:
(1) $5 in the Texas Mobility Fund [general revenue
fund]; and
(2) $3 to the credit of the state highway fund to
recover the expenses necessary to administer this chapter.
SECTION 9. Section 504.101(e), Transportation Code, is
amended to read as follows:
(e) Of each fee collected by the department under this
section:
(1) $1.25 shall be used to defray the cost of
administering this section; and
(2) the remainder shall be deposited to the credit of
the Texas Mobility Fund [general revenue fund].
SECTION 10. Section 542.402, Transportation Code, is
amended by adding Subsection (f) to read as follows:
(f) The comptroller shall deposit money received under
Subsection (b) to the credit of the Texas Mobility Fund.
SECTION 11. Section 542.4031(g), Transportation Code, is
amended to read as follows:
(g) Of the money received by the comptroller under this
section, the comptroller shall deposit:
(1) 67 percent to the credit of the Texas Mobility Fund
[undedicated portion of the general revenue fund]; and
(2) 33 percent to the credit of the designated trauma
facility and emergency medical services account under Section
780.003, Health and Safety Code.
SECTION 12. Section 623.011(b), Transportation Code, is
amended to read as follows:
(b) To qualify for a permit under this section:
(1) the vehicle must be registered under Chapter 502
for the maximum gross weight applicable to the vehicle under
Section 621.101, not to exceed 80,000 pounds;
(2) the security requirement of Section 623.012 must
be satisfied; and
(3) a base permit fee of $200 [$75], any additional fee
required by Section 623.0111, and any additional fee set by the
department under Section 623.0112 must be paid.
SECTION 13. Subchapter B, Chapter 623, Transportation Code,
is amended by adding Section 623.020 to read as follows:
Sec. 623.020. DISPOSITION OF FEES. Except as provided by
Section 621.353, each fee collected by the department for a permit
issued under this subchapter shall be deposited to the credit of the
Texas Mobility Fund.
SECTION 14. Section 623.076, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) An application for a permit under Section 623.071(c)(3)
or (d) must be accompanied by the permit fee established by the
commission for the permit, not to exceed $3,500. Of each fee
collected under this subsection, the department shall send:
(1) the first $1,000 to the comptroller for deposit to
the credit of the Texas Mobility Fund [general revenue fund]; and
(2) any amount in excess of $1,000 to the comptroller
for deposit to the credit of the state highway fund.
(d) Except as provided in Subsection (c)(2), each fee
collected under this section shall be deposited to the credit of the
Texas Mobility Fund.
SECTION 15. Chapter 643, Transportation Code, is amended by
adding Section 643.005 to read as follows:
Sec. 643.005. DEPOSIT OF FUNDS. Except as provided by
Section 643.004(b), all fees and penalties collected by the
department under this chapter shall be deposited to the credit of
the Texas Mobility Fund.
SECTION 16. Chapter 645, Transportation Code, is amended by
adding Section 645.005 to read as follows:
Sec. 645.005. DEPOSIT OF FUNDS. Except as provided by
Section 645.002(c), all fees and penalties collected under this
chapter shall be deposited to the credit of the Texas Mobility Fund.
SECTION 17. Section 542.4031(h), Transportation Code, is
repealed.
SECTION 18. This Act applies only to the distribution of
revenue collected on or after the effective date of this Act. The
distribution of revenue collected before the effective date of this
Act is governed by the law in effect at the time the revenue was
collected, and that law is continued in effect for the purpose of
the distribution of that revenue.
SECTION 19. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2005.
(b) Section 7 of this Act takes effect immediately 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.
If this Act does not receive the vote necessary for immediate
effect, Section 7 takes effect September 1, 2005.