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A BILL TO BE ENTITLED
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AN ACT
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relating to the permissible uses of the state highway fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.013(c), Government Code, is amended |
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to read as follows: |
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(c) Appropriations for the Texas Highway Patrol must be made |
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from the general revenue [state highway] fund. |
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SECTION 2. Section 411.0205(g), Government Code, is amended |
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to read as follows: |
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(g) Funds collected under this section shall be deposited in |
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the state treasury to the credit of the general revenue [state
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highway] fund, and money deposited to the general revenue [state
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highway] fund under this section may be used only to defray the cost |
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of administering this section or Subchapter G. |
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SECTION 3. Section 411.145(c), Government Code, is amended |
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to read as follows: |
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(c) A fee collected under this section shall be deposited in |
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the state treasury to the credit of the general revenue [state
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highway] fund, and money deposited to the general revenue [state
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highway] fund under this section and under Articles 42.12 and |
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102.020(h), Code of Criminal Procedure, may be used only to defray |
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the cost of administering this subchapter and Section 411.0205. |
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SECTION 4. Section 201.115(d), Transportation Code, is |
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amended to read as follows: |
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(d) Notwithstanding Section 222.001, money in the state |
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highway fund may be used to repay a loan under this section, if |
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permissible under the Texas Constitution and appropriated by the |
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legislature for that purpose. |
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SECTION 5. Section 222.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 222.001. USE OF STATE HIGHWAY FUND. (a) Money that is |
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required to be used for public roadways by the Texas Constitution or |
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federal law and that is deposited in the state treasury to the |
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credit of the state highway fund, including money deposited to the |
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credit of the state highway fund under Title 23, United States Code, |
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may be used only: |
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(1) to improve the state highway system; or |
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(2) to mitigate adverse environmental effects that |
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result directly from construction or maintenance of a state highway |
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by the department[; or
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[(3)
by the Department of Public Safety to police the
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state highway system and to administer state laws relating to
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traffic and safety on public roads]. |
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(b) Except as otherwise provided by this code, money in the |
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state highway fund that is not described by Subsection (a) may be |
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used only to improve the state highway system. |
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SECTION 6. Section 222.073, Transportation Code, is amended |
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to read as follows: |
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Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. To the |
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extent permissible under [Notwithstanding] Section 222.001, the |
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commission shall use money deposited in the bank to: |
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(1) encourage public and private investment in |
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transportation facilities both within and outside of the state |
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highway system, including facilities that contribute to the |
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multimodal and intermodal transportation capabilities of the |
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state; and |
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(2) develop financing techniques designed to: |
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(A) expand the availability of funding for |
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transportation projects and to reduce direct state costs; |
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(B) maximize private and local participation in |
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financing projects; and |
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(C) improve the efficiency of the state |
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transportation system. |
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SECTION 7. Section 501.100(e), Transportation Code, is |
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amended to read as follows: |
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(e) On or after the 31st day after the date the department |
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receives a rebuilder fee under Subsection (d), the department shall |
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deposit [$50 of] the fee to the credit of the general revenue fund, |
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of which $50 shall [state highway fund to] be used only by the |
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Department of Public Safety to enforce this chapter [and $15 to the
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credit of the general revenue fund]. |
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SECTION 8. Article 102.020(h), Code of Criminal Procedure, |
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is amended to read as follows: |
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(h) The comptroller shall deposit 35 percent of the funds |
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received under this article in the state treasury to the credit of |
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the general revenue [state highway] fund to be used only to defray |
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the cost of administering Subchapter G, Chapter 411, Government |
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Code, and Section 411.0205, Government Code, and 65 percent of the |
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funds received under this article to the credit of the criminal |
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justice planning account in the general revenue fund. |
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SECTION 9. Section 222.002, Transportation Code, is |
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repealed. |
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SECTION 10. Sections 1, 4, 5, 6, and 9 of this Act take |
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effect only if the constitutional amendment proposed by the 81st |
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Legislature, Regular Session, 2009, to limit the purposes for which |
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revenues from motor vehicle registration fees, taxes on motor fuels |
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and lubricants, and certain revenues received from the federal |
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government may be used is approved by the voters. If that amendment |
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is not approved by the voters, Sections 1, 4, 5, 6, and 9 of this Act |
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have no effect. |
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SECTION 11. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2011. |