By: Lavender H.B. No. 4

A BILL TO BE ENTITLED

AN ACT

relating to providing funding for certain transportation projects, including port-related transportation projects; making appropriations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter G, Chapter 152, Tax Code, is amended by adding Section 152.1223 to read as follows:

Sec. 152.1223. ALLOCATION OF CERTAIN TAX REVENUE TO STATE HIGHWAY FUND. (a) Notwithstanding Section 152.122, in each state fiscal year beginning on or after September 1, 2015, the comptroller shall deposit to the credit of the state highway fund an amount of money that is equal to 33-1/3 percent of the money that:

(1) is received under Sections 152.043, 152.045, 152.047, and 152.121 and is remaining after the comptroller makes the allocation required by Section 152.1222; and

(2) exceeds the first $3 billion of money described by Subdivision (1) that is received in that fiscal year.

(b) Money deposited to the credit of the state highway fund under this section may be appropriated only:

(1) for a purpose authorized by Section 7-a, Article VIII, Texas Constitution;

(2) to repay the principal and interest on general obligation bonds issued as authorized by Section 49-p, Article III, Texas Constitution; or

(3) to pay for a function performed by or under the supervision of the Texas Department of Transportation.

SECTION 2. Section 55.002, Transportation Code, is amended by adding Subsection (e) to read as follows:

(e) The commission may use money from the Texas mobility fund to provide funding, including through a loan, for a port security project, a port transportation project, or a project eligible for funding under Subsection (c).

SECTION 3. (a) In this section, "biennial state taxes and fees general revenue estimate" means the amount of revenue stated in the comptroller's estimate provided in advance of the regular legislative session as required by Section 49a, Article III, Texas Constitution, that, based on the laws in effect at the time the estimate is made, is anticipated to be received by and for the state from collections of taxes and fees the revenue from which is anticipated to be deposited to the credit of the general revenue fund and is not set aside by law for a particular purpose or entity.

(b) On the 91st day of the state fiscal biennium beginning September 1, 2013, an amount of money determined as provided by this subsection is appropriated from the general revenue fund to the Texas Department of Transportation for the two-year period beginning on the effective date of this Act for the purposes of constructing, maintaining, and acquiring rights-of-way for public roadways other than toll roads. The amount of money appropriated under this subsection is the amount by which revenue received by this state during the state fiscal biennium ending August 31, 2013, from collections of taxes and fees that is anticipated to be deposited to the credit of the general revenue fund and is not set aside for a particular purpose or entity exceeds the estimated amount of that revenue for that fiscal biennium as contained in the biennial state taxes and fees general revenue estimate for the state fiscal biennium ending August 31, 2013. The amount of money appropriated to the Texas Department of Transportation under this subsection may not exceed an amount that, when added to all other appropriations of state tax revenues not dedicated by the constitution made for the state fiscal biennium ending August 31, 2015, would exceed the maximum permissible amount of appropriations of those revenues for that biennium, as provided by Section 22, Article VIII, Texas Constitution.

(c) On the 91st day of the state fiscal biennium beginning September 1, 2015, the comptroller of public accounts shall deposit an amount of money determined as provided by this subsection to the credit of the state highway fund. The amount of money deposited under this subsection is the amount by which revenue received by this state during the state fiscal biennium ending August 31, 2015, from collections of taxes and fees that is anticipated to be deposited to the credit of the general revenue fund and is not set aside for a particular purpose or entity exceeds the estimated amount of that revenue for that fiscal biennium as contained in the biennial state taxes and fees general revenue estimate for the state fiscal biennium ending August 31, 2015. The amount of money deposited to the credit of the state highway fund under this subsection may not exceed $2,000,000,000.

(d) This section expires January 1, 2016.

SECTION 4. This Act takes effect on the 91st day after the last day of the legislative session.