83R21500 JAM-F
 
  By: McClendon, Riddle, Geren, et al. H.B. No. 1878
 
  Substitute the following for H.B. No. 1878:
 
  By:  McClendon C.S.H.B. No. 1878
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the allocation of certain revenue to the Texas rail
  relocation and improvement fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 386.251(c), Health and Safety Code, is
  amended to read as follows:
         (c)  The fund consists of:
               (1)  the amount of money deposited to the credit of the
  fund under:
                     (A)  Section 386.056;
                     (B)  Sections 151.0515 and 152.0215, Tax Code; and
                     (C)  Sections [501.138,] 502.358[,] and 548.5055,
  Transportation Code; and
               (2)  grant money recaptured under Section 386.111(d)
  and Chapter 391.
         SECTION 2.  Section 501.138, Transportation Code, is amended
  by amending Subsections (b-1) and (b-2) and adding Subsection (c-1)
  to read as follows:
         (b-1)  Fees collected under Subsection (b) to be sent to the
  comptroller shall be deposited to the credit of the Texas Mobility
  Fund, except that $5 of each fee imposed under Subsection (a)(1)
  [and deposited on or after September 1, 2008, and before September
  1, 2015,] shall be deposited to the credit of the Texas rail
  relocation and improvement [emissions reduction plan] fund.
         (b-2)  The comptroller shall establish a record of the amount
  of the fees deposited to the credit of the Texas Mobility Fund under
  Subsection (b-1).  On or before the fifth workday of each month,
  the department shall remit to the comptroller for deposit to the
  credit of the Texas rail relocation and improvement [emissions
  reduction plan] fund an amount of money equal to the amount of the
  fees deposited by the comptroller to the credit of the Texas
  Mobility Fund under Subsection (b-1) in the preceding month.  The
  department shall use for remittance to the comptroller for deposit
  to the credit of the Texas rail relocation and improvement fund as
  required by this subsection money in the state highway fund that is
  not required to be used for a purpose specified by Section 7-a,
  Article VIII, Texas Constitution, and may not use for that
  remittance money received by this state under the congestion
  mitigation and air quality improvement program established under 23
  U.S.C. Section 149.
         (c-1)  Money deposited to the Texas rail relocation and
  improvement fund under Subsections (b-1) and (b-2) may be used to
  fund an infrastructure project to reduce air pollution and relieve
  congestion through rail relocation or improvement, including an
  infrastructure project described by Section 386.109(a)(4), Health
  and Safety Code.
         SECTION 3.  Section 501.138(b-3), Transportation Code, is
  repealed.
         SECTION 4.  This Act takes effect September 1, 2013.