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A BILL TO BE ENTITLED
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AN ACT
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relating to funding for certain county transportation |
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infrastructure projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle Z, Title 6, Transportation Code, is |
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amended by adding Chapter 473 to read as follows: |
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CHAPTER 473. STATE AND COUNTY TRANSPORTATION INFRASTRUCTURE |
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Sec. 473.001. DEFINITIONS. In this chapter: |
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(1) "Fund" means the transportation infrastructure |
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fund established under this chapter. |
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(2) "Transportation infrastructure plan" means a |
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comprehensive road construction, maintenance, and improvement plan |
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prepared by a county that includes transportation infrastructure |
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projects to be funded by distributions from the fund. |
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(3) "Transportation infrastructure project" means the |
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construction, reconstruction, or maintenance of transportation |
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infrastructure intended to alleviate degradation caused by the |
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exploration, development, or production of oil or gas. |
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Sec. 473.002. TRANSPORTATION INFRASTRUCTURE FUND. (a) The |
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transportation infrastructure fund is a dedicated account in the |
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general revenue fund. The fund consists of money transferred to the |
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credit of the fund under Subsections (b) and (c) and any interest or |
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other return from investment of money in the fund. |
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(b) If in the preceding fiscal year the state received from |
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oil production taxes a net amount greater than the net amount of oil |
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production taxes received by the state in the fiscal year ending |
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August 31, 1987, the comptroller shall transfer to the fund an |
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amount equal to 25 percent of the difference between those amounts. |
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(c) If in the preceding fiscal year the state received from |
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gas production taxes a net amount greater than the net amount of gas |
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production taxes received by the state in the fiscal year ending |
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August 31, 1987, the comptroller shall transfer to the fund an |
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amount equal to 25 percent of the difference between those amounts. |
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(d) The comptroller shall transfer the amounts described by |
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Subsections (b) and (c) not later than the 90th day after the date |
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of the end of a fiscal year for which a transfer is required under |
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those subsections. |
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(e) Money in the fund may only be appropriated to the |
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comptroller for the purposes of this chapter. |
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(f) Sections 403.095 and 404.071, Government Code, do not |
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apply to the fund. |
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Sec. 473.003. FUND DISTRIBUTION. (a) The comptroller |
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shall annually distribute the amount appropriated to the fund for a |
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fiscal year to counties for transportation infrastructure |
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projects. A county shall deposit proceeds from a distribution |
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received under this section in the county's road and bridge fund. |
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(b) The amount distributed to a county from the fund in a |
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given fiscal year must be in proportion to the number of oil and gas |
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well completions in the county during the preceding three calendar |
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years compared to the total number of oil and gas well completions |
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in the state during the preceding three calendar years as certified |
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by the Railroad Commission of Texas. |
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(c) To receive a distribution under this section, a county |
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must: |
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(1) submit a transportation infrastructure plan, |
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including a budget for the plan; |
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(2) obtain approval of the transportation |
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infrastructure plan by the commission; |
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(3) describe the scope of the transportation |
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infrastructure projects to be funded by distributions from the |
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fund, including projects involving state highways maintained by the |
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department and roads maintained by the county; and |
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(4) state the amount of funding that the county will |
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provide for the transportation infrastructure projects. |
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(d) A transportation infrastructure plan submitted under |
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this section: |
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(1) must demonstrate that existing department and |
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county resources will be used to the extent possible; and |
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(2) may be amended, including by adding or removing |
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transportation infrastructure projects from the plan, with the |
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approval of the commission. |
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(e) To be eligible for a second or subsequent distribution |
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from the fund, a county must: |
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(1) provide a copy of its annual audit; and |
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(2) certify that all previous distributions are being |
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spent in accordance with the approved transportation |
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infrastructure plan. |
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SECTION 2. This Act takes effect September 1, 2013. |