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.