By: Harper-Brown H.B. No. 15

A BILL TO BE ENTITLED

AN ACT

relating to providing funding for constructing, maintaining, and acquiring rights-of-way for public roadways other than toll roads; making appropriations.

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

SECTION 1. DEFINITION. In this Act, "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.

SECTION 2. APPROPRIATION FROM GENERAL REVENUE FUND: TEXAS DEPARTMENT OF TRANSPORTATION. The amount of $630 million is appropriated from the general revenue fund for the state fiscal biennium beginning September 1, 2013, to the Texas Department of Transportation to be used only for constructing, maintaining, and acquiring rights-of-way for public roadways other than toll roads.

SECTION 3. APPROPRIATION FROM ECONOMIC STABILIZATION FUND: TEXAS DEPARTMENT OF TRANSPORTATION. (a) On the 91st day of the state fiscal year beginning September 1, 2013, an amount of money equal to the amount by which transfers to the economic stabilization fund during the state fiscal year ending August 31, 2013, exceed the estimated amount of transfers to be made to that fund during that fiscal year as contained in the biennial state taxes and fees general revenue estimate for the state fiscal biennium ending August 31, 2013, is appropriated from the economic stabilization fund to the comptroller of public accounts for the purpose of immediately depositing that amount to the credit of the state highway fund. Money deposited to the credit of the state highway fund under this section is appropriated to the Texas Department of Transportation for the state fiscal biennium ending August 31, 2015, for the purposes of constructing, maintaining, and acquiring rights-of-way for public roadways other than toll roads.

(b) On the 91st day of the state fiscal year beginning September 1, 2014, an amount of money equal to the amount by which transfers to the economic stabilization fund during the state fiscal year ending August 31, 2014, exceed the estimated amount of transfers to be made to that fund during that fiscal year as contained in the biennial state taxes and fees general revenue estimate for the state fiscal biennium ending August 31, 2015, is appropriated from the economic stabilization fund to the comptroller of public accounts for the purpose of immediately depositing that amount to the credit of the state highway fund. Money deposited to the credit of the state highway fund under this section is appropriated to the Texas Department of Transportation for the state fiscal biennium ending August 31, 2015, for the purposes of constructing, maintaining, and acquiring rights-of-way for public roadways other than toll roads.

(c) This section expires January 1, 2016.

(d) This section takes effect only if this Act receives a vote of two-thirds of the members present in each house of the legislature, as provided by Section 49-g(m), Article III, Texas Constitution.

SECTION 4. DEPOSIT OF CERTAIN GENERAL REVENUE TO STATE HIGHWAY FUND. (a) 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. Money deposited to the credit of the state highway fund under this section may be used only for the purposes of constructing, maintaining, and acquiring rights-of-way for public roadways other than toll roads.

(b) This section expires January 1, 2016.

SECTION 5. EFFECTIVE DATE. Except as otherwise provided by this Act:

(1) this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution; and

(2) if this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.