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  83S10190 JAM-D
 
  By: Phillips H.B. No. 35
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the state highway fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 151.801, Tax Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (b-1) to
  read as follows:
         (a)  Except for the amounts allocated under Subsections (b),
  (b-1), and (c), all proceeds from the collection of the taxes
  imposed by this chapter shall be deposited to the credit of the
  general revenue fund.
         (b-1)  The amount of the proceeds from the collection of the
  taxes imposed by this chapter on the sale, storage, or use of new
  and used motor vehicle tires and new and used motor vehicle parts
  shall be deposited to the credit of the state highway fund.
         (d)  The comptroller shall determine the amount to be
  deposited to the highway fund under Subsections [Subsection] (b)
  and (b-1) 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, new and used
  motor vehicle tires, and new and used motor vehicle parts. 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. If satisfactory
  data are not available, the comptroller may require taxpayers who
  make taxable sales or uses of those lubricants, motor vehicle
  tires, motor vehicle parts, or [of] sporting goods to report to the
  comptroller as necessary to make the allocation required by
  Subsection (b), (b-1), or (c).
         SECTION 2.  Section 201.115(d), Transportation Code, is
  amended to read as follows:
         (d)  Notwithstanding Section 222.001, money in the state
  highway fund may be used to repay a loan under this section, if
  permissible under the Texas Constitution and appropriated by the
  legislature for that purpose.
         SECTION 3.  Section 222.001, Transportation Code, is amended
  by amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Money that is required to be used for public roadways by
  the Texas Constitution or federal law and that is deposited in the
  state treasury to the credit of the state highway fund, including
  money deposited to the credit of the state highway fund under Title
  23, United States Code, may be used only:
               (1)  to improve the state highway system; or
               (2)  to mitigate adverse environmental effects that
  result directly from construction or maintenance of a state highway
  by the department[; or
               [(3)     by the Department of Public Safety to police the
  state highway system and to administer state laws relating to
  traffic and safety on public roads].
         (c)  Except as otherwise provided by this code, money in the
  state highway fund that is not described by Subsection (a) may be
  used only to improve the state highway system.
         SECTION 4.  Section 222.073, Transportation Code, is amended
  to read as follows:
         Sec. 222.073.  PURPOSES OF INFRASTRUCTURE BANK. To the
  extent permissible under [Notwithstanding] Section 222.001, the
  commission shall use money deposited in the bank to:
               (1)  encourage public and private investment in
  transportation facilities both within and outside of the state
  highway system, including facilities that contribute to the
  multimodal and intermodal transportation capabilities of the
  state; and
               (2)  develop financing techniques designed to:
                     (A)  expand the availability of funding for
  transportation projects and to reduce direct state costs;
                     (B)  maximize private and local participation in
  financing projects; and
                     (C)  improve the efficiency of the state
  transportation system.
         SECTION 5.  Section 222.002, Transportation Code, is
  repealed.
         SECTION 6.  This Act takes effect September 1, 2015, but only
  if the constitutional amendment proposed by the 83rd Legislature,
  1st Called Session, 2013, prescribing the purposes for which
  revenue from motor vehicle registration fees, taxes on motor fuels
  and lubricants and motor vehicle tires and parts, and certain
  revenues received from the federal government may be used is
  approved by the voters. If that amendment is not approved by the
  voters, this Act has no effect.