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  2009S0599-2 03/10/09
 
  By: Watson S.B. No. 1923
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to funding sources for the Texas rail relocation and
  improvement fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.971, Transportation Code, is amended
  by adding Subdivision (6-a) to read as follows:
               (6-a)  "Program" means the rail relocation program.
         SECTION 2.  Subchapter O, Chapter 201, Transportation Code,
  is amended by adding Section 201.979 to read as follows:
         Sec. 201.979.  RAIL RELOCATION ADVISORY GROUP. (a)  The
  rail relocation advisory group is created to advise the department
  on the implementation and administration of the program.
         (b)  The advisory group consists of stakeholders in the
  railroad industry, appointed by the chair of the Senate Committee
  on Transportation and Homeland Security and by the chair of the
  House Committee on Transportation. The chairs shall determine the
  number of members appropriate to accomplishing the duties of the
  advisory group.
         (c)  The advisory group meets at the call of the chairs and
  shall advise the department on the best use of money available in
  the fund and on accomplishing the goals of the program, including
  strategies for:
               (1)  alleviating traffic congestion;
               (2)  improving passenger and freight mobility;
               (3)  reducing noise in residential areas; and
               (4)  mitigating adverse effects on the environment.
         (d)  The department shall provide administrative support,
  including staff, as necessary to assist the advisory group in
  accomplishing its duties.
         (e)  A member of the advisory group is not entitled to
  compensation for service on the committee but is entitled to
  reimbursement of travel expenses incurred by the member while
  conducting the business of the advisory group, as provided by the
  General Appropriations Act.
         SECTION 3.  Subsection (c), Section 342.004, Transportation
  Code, is amended to read as follows:
         (c)  The department shall deposit each fee collected under
  this section to the credit of the Texas rail relocation and
  improvement [state highway] fund.
         SECTION 4.  Subsection (d), Section 501.097, Transportation
  Code, is amended to read as follows:
         (d)  The fee collected under Subsection (a)(1) shall be
  credited to the Texas rail relocation and improvement [state
  highway] fund to defray the costs of administering this subchapter
  and the costs to the department for issuing the title.
         SECTION 5.  Subsection (e), Section 501.100, Transportation
  Code, is amended to read as follows:
         (e)  On or after the 31st day after the date the department
  receives a rebuilder fee under Subsection (d), the department shall
  deposit $50 of the fee to the credit of the Texas rail relocation
  and improvement [state highway] fund to be used only by the
  Department of Public Safety to enforce this chapter and $15 to the
  credit of the general revenue fund.
         SECTION 6.  Subsection (c), Section 501.138, 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 general revenue fund; and
               (2)  $3 to the credit of the Texas rail relocation and
  improvement [state highway] fund to recover the expenses necessary
  to administer this chapter.
         SECTION 7.  Subsection (b), Section 502.179, Transportation
  Code, is amended to read as follows:
         (b)  The office issuing a duplicate receipt shall retain the
  fee received as a fee of office.  If the department issued the
  receipt, the fee shall be deposited in the Texas rail relocation and
  improvement fund.
         SECTION 8.  Subsection (c), Section 504.505, Transportation
  Code, is amended to read as follows:
         (c)  The initial fee for issuance of the license plates is
  $8.  The license plates may be renewed without payment of a fee. A
  fee collected under this subsection shall be deposited to the
  credit of the Texas rail relocation and improvement fund.
         SECTION 9.  Subsection (b), Section 504.507, Transportation
  Code, is amended to read as follows:
         (b)  The fee for issuance of the license plates is $8.  The
  department shall deposit the fee to the credit of the Texas rail
  relocation and improvement fund and:
               (1)  [also] collect any additional fee that a county
  imposes under this chapter for registration of a forestry vehicle;
  and
               (2)  send the additional fee to the appropriate county
  for disposition.
         SECTION 10.  Subsection (a), Section 621.353,
  Transportation Code, is amended to read as follows:
         (a)  The comptroller shall send $50 of each base fee
  collected under Section 623.011 for an excess weight permit to the
  counties of the state, with each county receiving an amount
  determined according to the ratio of the total number of miles of
  county roads maintained by the county to the total number of miles
  of county roads maintained by all of the counties of this state.
  The comptroller shall deposit $25 of each base fee, plus each fee
  collected under Section 623.0112, to the credit of the Texas rail
  relocation and improvement [state highway] fund. [Money deposited
  to the credit of that fund under this subsection may be appropriated
  only to the department to administer this section and Sections
  623.011, 623.0111, and 623.0112.]
         SECTION 11.  Section 621.354, Transportation Code, is
  amended to read as follows:
         Sec. 621.354.  DISPOSITION OF FEES FOR PERMIT FOR MOVEMENT
  OF CYLINDRICAL HAY BALES. The department shall deposit each fee
  collected under Section 623.017 in the state treasury to the credit
  of the Texas rail relocation and improvement [state highway] fund.
         SECTION 12.  Subsection (a), Section 622.051,
  Transportation Code, is amended to read as follows:
         (a)  A person may operate over a highway or road of this state
  a vehicle or combination of vehicles that is used exclusively for
  transporting poles required for the maintenance of electric power
  transmission and distribution lines if:
               (1)  the vehicle, or combination of vehicles, is not
  longer than 75 feet, including the load; and
               (2)  the operator of the vehicle, or combination of
  vehicles, pays to the department $120 each calendar year, which the
  department shall deposit to the credit of the Texas rail relocation
  and improvement fund.
         SECTION 13.  Subsection (c), Section 623.0111,
  Transportation Code, is amended to read as follows:
         (c)  Of the fees collected under Subsection (a) the following
  amounts shall be deposited to the general revenue fund and the
  remainder shall be deposited to the credit of the Texas rail
  relocation and improvement [state highway] fund:
 
Number of Counties Designated Amount Allocated to General Revenue Fund
 
Number of Counties Designated Amount Allocated to General Revenue Fund
 
    1-5     $125
 
    6-20     $125
 
    21-40     $345
 
    41-60     $565
 
    61-80     $785
 
    81-100     $900
 
    101-254     $1,000
         SECTION 14.  Subsections (a-1) and (c), Section 623.076,
  Transportation Code, are amended to read as follows:
         (a-1)  The following amounts collected under Subsection (a)
  shall be deposited to the general revenue fund and the remainder
  deposited to the credit of the Texas rail relocation and
  improvement [state highway] fund:
 
Amount of Fee Amount Allocated to General Revenue Fund
 
  $60 (single-trip permit)            $30
 
  $120 (30-day permit)            $60
 
  $180            $90
 
  $240            $120
 
  $270            $135
         (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 $7,000. 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 general revenue fund; and
               (2)  any amount in excess of $1,000 to the comptroller
  for deposit to the credit of the Texas rail relocation and
  improvement [state highway] fund.
         SECTION 15.  Subsection (b), Section 623.077,
  Transportation Code, is amended to read as follows:
         (b)  The department shall send each fee collected under
  Subsection (a) to the comptroller for deposit to the credit of the
  Texas rail relocation and improvement [state highway] fund.
         SECTION 16.  Subsection (a), Section 623.096,
  Transportation Code, is amended to read as follows:
         (a)  The department shall collect a fee of $40 for each
  permit issued under this subchapter. Of each fee, $19.70 shall be
  deposited to the credit of the general revenue fund and the
  remainder deposited to the credit of the Texas rail relocation and
  improvement [state highway] fund.
         SECTION 17.  Section 623.147, Transportation Code, is
  amended to read as follows:
         Sec. 623.147.  DEPOSIT OF FEE IN TEXAS RAIL RELOCATION AND
  IMPROVEMENT [STATE HIGHWAY] FUND. A fee collected under this
  subchapter shall be deposited to the credit of the Texas rail
  relocation and improvement [state highway] fund.
         SECTION 18.  Section 623.233, Transportation Code, is
  amended to read as follows:
         Sec. 623.233.  MAINTENANCE CONTRACTS. The district shall
  make payments to the credit of the Texas rail relocation and
  improvement fund for the purposes of Subchapter O, Chapter 201
  [department to provide funds for the maintenance of state highways
  subject to this subchapter].
         SECTION 19.  Subsection (b), Section 623.234,
  Transportation Code, is amended to read as follows:
         (b)  Fees collected under Subsection (a) shall be [used
  solely to provide funds for the payments provided for under Section
  623.233 less administrative costs, which shall not exceed 15
  percent of the fees collected. The fees shall be] deposited in the
  Texas rail relocation and improvement [state highway] fund. Fees
  deposited [in the state highway fund] under this section are exempt
  from the application of Section 403.095, Government Code.
         SECTION 20.  Section 623.253, Transportation Code, is
  amended to read as follows:
         Sec. 623.253.  MAINTENANCE CONTRACTS. The county shall make
  payments to the department to be deposited to the credit of the
  Texas rail relocation and improvement fund for the purposes of
  Subchapter O, Chapter 201 [provide funds for the maintenance of
  state highways subject to this subchapter].
         SECTION 21.  Subsection (b), Section 623.254,
  Transportation Code, is amended to read as follows:
         (b)  Fees collected under Subsection (a) [may be used only to
  provide funds for the payments under Section 623.253 and for the
  county's administrative costs, which may not exceed 15 percent of
  the fees collected. The fees] shall be deposited in the Texas rail
  relocation and improvement [state highway] fund. Fees deposited
  [in the state highway fund] under this section are exempt from the
  application of Section 403.095, Government Code.
         SECTION 22.  Section 2301.156, Occupations Code, is amended
  to read as follows:
         Sec. 2301.156.  DEPOSIT OF REVENUE. Notwithstanding any
  other law to the contrary, all money collected by the board under
  this chapter shall be deposited in the state treasury to the credit
  of the Texas rail relocation and improvement [state highway] fund.
         SECTION 23.  Not later than the 60th day after the effective
  date of this Act, the Texas Department of Transportation shall
  report to the Legislative Budget Board and the Governor's Office of
  Budget and Planning on the availability of funds under federal
  matching programs for the rail relocation program under Subchapter
  O, Chapter 201, Transportation Code, as amended by this Act, and on
  how to secure such funds for financing the program.
         SECTION 24.  Not later than January 1, 2011, the Texas
  Department of Transportation shall submit a comprehensive report to
  the governor, to the chair of the Senate Committee on
  Transportation and Homeland Security, and to the chair of the House
  Committee on Transportation regarding the progress of the rail
  relocation program under Subchapter O, Chapter 201, Transportation
  Code, as amended by this Act, and the status of program financing,
  including:
               (1)  the dollar amount of the bonds issued for the
  program;
               (2)  a description of the projects being financed by
  the program;
               (3)  the status and estimated date of completion of
  each project;
               (4)  a description of the projects to be financed in the
  2012-2013 fiscal biennium;
               (5)  the estimated debt service requirement in the
  2012-2013 fiscal biennium for the projects; and
               (6)  the availability of any funds under federal
  matching programs.
         SECTION 25.  The Texas Department of Transportation, in
  coordination with the comptroller of public accounts, shall produce
  recommendations for supplemental revenue sources for the Texas rail
  relocation and improvement fund for consideration by the 82nd
  Legislature.
         SECTION 26.  If the comptroller of public accounts files a
  certification with the secretary of state that revenue and
  appropriations measures of the 81st Legislature produce a net gain
  to State Highway Fund No. 0006 in the 2010-2011 fiscal biennium over
  the 2008-2009 fiscal biennium, this Act takes effect September 1,
  2009. If the comptroller does not file such a certification, this
  Act has no effect.