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A BILL TO BE ENTITLED
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AN ACT
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relating to funding sources for the Texas rail relocation and |
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improvement fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.971, Transportation Code, is amended |
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by adding Subdivision (6-a) to read as follows: |
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(6-a) "Program" means the rail relocation program. |
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SECTION 2. Subchapter O, Chapter 201, Transportation Code, |
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is amended by adding Section 201.979 to read as follows: |
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Sec. 201.979. RAIL RELOCATION ADVISORY GROUP. (a) The |
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rail relocation advisory group is created to advise the department |
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on the implementation and administration of the program. |
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(b) The advisory group consists of stakeholders in the |
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railroad industry, appointed by the chair of the Senate Committee |
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on Transportation and Homeland Security and by the chair of the |
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House Committee on Transportation. The chairs shall determine the |
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number of members appropriate to accomplish the duties of the |
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advisory group. |
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(c) The advisory group meets at the call of the chairs and |
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shall advise the department on the best use of money available in |
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the fund and on accomplishing the goals of the program, including |
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strategies for: |
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(1) alleviating traffic congestion; |
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(2) improving passenger and freight mobility; |
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(3) reducing noise in residential areas; and |
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(4) mitigating adverse effects on the environment. |
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(d) The department shall provide administrative support, |
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including staff, as necessary to assist the advisory group in |
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accomplishing its duties. |
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(e) A member of the advisory group is not entitled to |
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compensation for service on the committee but is entitled to |
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reimbursement of travel expenses incurred by the member while |
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conducting the business of the advisory group, as provided by the |
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General Appropriations Act. |
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SECTION 3. Subsection (d), Section 501.097, Transportation |
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Code, is amended to read as follows: |
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(d) The fee collected under Subsection (a)(1) shall be |
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credited to the Texas rail relocation and improvement [state
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highway] fund [to defray the costs of administering this subchapter
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and the costs to the department for issuing the title]. |
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SECTION 4. Subsection (e), Section 501.100, Transportation |
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Code, is 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 Texas rail relocation |
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and improvement [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 5. Subsection (a), Section 501.134, Transportation |
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Code, is amended to read as follows: |
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(a) If a certificate of title is lost or destroyed, the |
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owner or lienholder disclosed on the certificate may obtain, in the |
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manner provided by this section and department rule, a certified |
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copy of the lost or destroyed certificate of title directly from the |
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department by applying on a form prescribed by the department and |
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paying a fee of $2. A fee collected under this subsection shall be |
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deposited to the credit of the Texas rail relocation and |
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improvement [state highway] fund [and may be spent only as provided
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by Section 501.138]. |
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SECTION 6. Subsection (c), Section 501.138, Transportation |
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Code, is amended to read as follows: |
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(c) Of the amount received under Subsection (b)(2), the |
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department shall deposit: |
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(1) $5 in the general revenue fund; and |
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(2) $3 to the credit of the Texas rail relocation and |
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improvement [state highway] fund [to recover the expenses necessary
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to administer this chapter]. |
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SECTION 7. Section 502.008, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) Any fees collected by the department for responding to |
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an inquiry under this section shall be deposited to the credit of |
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the Texas rail relocation and improvement fund. |
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SECTION 8. Subsection (b), Section 502.179, Transportation |
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Code, is amended to read as follows: |
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(b) The office issuing a duplicate receipt shall retain the |
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fee received as a fee of office. If the department issued the |
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receipt, the fee shall be deposited in the Texas rail relocation and |
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improvement fund. |
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SECTION 9. Subsection (d), Section 503.007, Transportation |
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Code, is amended to read as follows: |
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(d) A fee collected under this section shall be deposited to |
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the credit of the Texas rail relocation and improvement [state
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highway] fund. |
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SECTION 10. Subsection (d), Section 503.008, |
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Transportation Code, is amended to read as follows: |
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(d) A fee collected under this section shall be deposited to |
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the credit of the Texas rail relocation and improvement [state
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highway] fund. |
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SECTION 11. Subsection (f), Section 503.0615, |
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Transportation Code, is amended to read as follows: |
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(f) Of each fee collected by the department under this |
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section: |
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(1) $1.25 shall be deposited to the credit of the Texas |
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rail relocation and improvement [state highway] fund [to defray the
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cost of administering this section]; and |
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(2) the remainder shall be deposited to the credit of |
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the general revenue fund. |
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SECTION 12. Subsection (a), Section 621.353, |
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Transportation Code, is amended to read as follows: |
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(a) The comptroller shall send $50 of each base fee |
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collected under Section 623.011 for an excess weight permit to the |
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counties of the state, with each county receiving an amount |
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determined according to the ratio of the total number of miles of |
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county roads maintained by the county to the total number of miles |
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of county roads maintained by all of the counties of this state. |
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The comptroller shall deposit $25 of each base fee, plus each fee |
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collected under Section 623.0112, to the credit of the Texas rail |
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relocation and improvement [state highway] fund. [Money deposited
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to the credit of that fund under this subsection may be appropriated
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only to the department to administer this section and Sections
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623.011, 623.0111, and 623.0112.] |
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SECTION 13. Subsection (c), Section 623.0111, |
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Transportation Code, is amended to read as follows: |
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(c) Of the fees collected under Subsection (a) the following |
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amounts shall be deposited to the general revenue fund and the |
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remainder shall be deposited to the credit of the Texas rail |
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relocation and improvement [state highway] fund: |
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Number of Counties Designated |
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Amount Allocated to General Revenue Fund |
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Number of Counties Designated |
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Amount Allocated to General Revenue Fund |
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SECTION 14. Subsections (a-1) and (c), Section 623.076, |
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Transportation Code, are amended to read as follows: |
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(a-1) The following amounts collected under Subsection (a) |
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shall be deposited to the general revenue fund and the remainder |
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deposited to the credit of the Texas rail relocation and |
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improvement [state highway] fund: |
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Amount of Fee |
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Amount Allocated to General Revenue Fund |
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$60 (single-trip permit) |
$30 |
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(c) An application for a permit under Section 623.071(c)(3) |
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or (d) must be accompanied by the permit fee established by the |
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commission for the permit, not to exceed $7,000. Of each fee |
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collected under this subsection, the department shall send: |
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(1) the first $1,000 to the comptroller for deposit to |
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the credit of the general revenue fund; and |
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(2) any amount in excess of $1,000 to the comptroller |
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for deposit to the credit of the Texas rail relocation and |
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improvement [state highway] fund. |
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SECTION 15. Subsection (b), Section 623.077, |
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Transportation Code, is amended to read as follows: |
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(b) The department shall send each fee collected under |
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Subsection (a) to the comptroller for deposit to the credit of the |
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Texas rail relocation and improvement [state highway] fund. |
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SECTION 16. Subsection (a), Section 623.096, |
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Transportation Code, is amended to read as follows: |
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(a) The department shall collect a fee of $40 for each |
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permit issued under this subchapter. Of each fee, $19.70 shall be |
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deposited to the credit of the general revenue fund and the |
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remainder deposited to the credit of the Texas rail relocation and |
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improvement [state highway] fund. |
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SECTION 17. Subsection (b), Section 623.124, |
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Transportation Code, is amended to read as follows: |
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(b) The department shall send each fee collected under this |
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section to the comptroller. Of each fee received from the |
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department, the comptroller shall deposit $7.50 to the credit of |
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the general revenue fund and $7.50 to the credit of the Texas rail |
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relocation and improvement [state highway] fund. |
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SECTION 18. Section 623.147, Transportation Code, is |
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amended to read as follows: |
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Sec. 623.147. DEPOSIT OF FEE IN TEXAS RAIL RELOCATION AND |
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IMPROVEMENT [STATE HIGHWAY] FUND. A fee collected under this |
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subchapter shall be deposited to the credit of the Texas rail |
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relocation and improvement [state highway] fund. |
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SECTION 19. Section 2301.156, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.156. DEPOSIT OF REVENUE. Notwithstanding any |
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other law to the contrary, all money collected by the board under |
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this chapter shall be deposited in the state treasury to the credit |
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of the Texas rail relocation and improvement [state highway] fund. |
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SECTION 20. Subsection (d), Section 2301.264, Occupations |
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Code, is amended to read as follows: |
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(d) The board may refund from funds deposited under Section |
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2301.156 [appropriated to the board for that purpose] a fee |
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collected under this chapter that is not due or that exceeds the |
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amount due. |
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SECTION 21. Not later than the 60th day after the effective |
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date of this Act, the Texas Department of Transportation shall |
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report to the Legislative Budget Board and the Governor's Office of |
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Budget and Planning on the availability of funds under federal |
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matching programs for the rail relocation program under Subchapter |
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O, Chapter 201, Transportation Code, as amended by this Act, and on |
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how to secure such funds for financing the program. |
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SECTION 22. Not later than January 1, 2011, the Texas |
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Department of Transportation shall submit a comprehensive report to |
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the governor, to the chair of the Senate Committee on |
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Transportation and Homeland Security, and to the chair of the House |
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Committee on Transportation regarding the progress of the rail |
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relocation program under Subchapter O, Chapter 201, Transportation |
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Code, as amended by this Act, and the status of program financing, |
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including: |
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(1) the dollar amount of the bonds issued for the |
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program; |
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(2) a description of the projects being financed by |
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the program; |
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(3) the status and estimated date of completion of |
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each project; |
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(4) a description of the projects to be financed in the |
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2012-2013 fiscal biennium; |
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(5) the estimated debt service requirement in the |
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2012-2013 fiscal biennium for the projects; and |
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(6) the availability of any funds under federal |
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matching programs. |
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SECTION 23. The Texas Department of Transportation, in |
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coordination with the comptroller of public accounts, shall produce |
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recommendations for supplemental revenue sources for the Texas rail |
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relocation and improvement fund for consideration by the 82nd |
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Legislature. |
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SECTION 24. (a) If the comptroller of public accounts |
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files a certification with the secretary of state that the |
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following items enacted by the 81st Legislature result in a net gain |
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in the 2010-2011 fiscal biennium as compared to the 2008-2009 |
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fiscal biennium, then this Act takes effect September 1, 2009: |
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(1) the net impact of revenue measures enacted, |
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including this Act, on State Highway Fund No. 0006; |
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(2) as a gain, any reduction in the appropriations |
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from State Highway Fund No. 0006 made to agencies other than the |
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Texas Department of Transportation; and |
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(3) as a loss, any reduction in the appropriations to |
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the Texas Department of Transportation from the general revenue |
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fund. |
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(b) If the comptroller of public accounts does not file the |
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certification described by Subsection (a) of this section, this Act |
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has no effect. |
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