83R7300 MTB-F
 
  By: Zaffirini S.B. No. 1778
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to funding for certain county transportation
  infrastructure projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle Z, Title 6, Transportation Code, is
  amended by adding Chapter 473 to read as follows:
  CHAPTER 473. STATE AND COUNTY TRANSPORTATION INFRASTRUCTURE
         Sec. 473.001.  DEFINITIONS. In this chapter:
               (1)  "Fund" means the transportation infrastructure
  fund established under this chapter.
               (2)  "Transportation infrastructure plan" means a
  comprehensive road construction, maintenance, and improvement plan
  prepared by a county that includes transportation infrastructure
  projects to be funded by grants under this chapter.
               (3)  "Transportation infrastructure project" means the
  construction, reconstruction, or maintenance of transportation
  infrastructure intended to alleviate degradation caused by the
  exploration, development, or production of oil or gas.
         Sec. 473.002.  TRANSPORTATION INFRASTRUCTURE FUND. (a)  The
  transportation infrastructure fund is a dedicated account in the
  general revenue fund. The fund consists of money transferred to the
  credit of the fund under Subsections (b) and (c) and any interest or
  other return from investment of money in the fund.
         (b)  If in the preceding fiscal year the state received from
  oil production taxes a net amount greater than the net amount of oil
  production taxes received by the state in the fiscal year ending
  August 31, 1987, the comptroller shall transfer to the fund an
  amount equal to 25 percent of the difference between those amounts.
         (c)  If in the preceding fiscal year the state received from
  gas production taxes a net amount greater than the net amount of gas
  production taxes received by the state in the fiscal year ending
  August 31, 1987, the comptroller shall transfer to the fund an
  amount equal to 25 percent of the difference between those amounts.
         (d)  The comptroller shall transfer the amounts described by
  Subsections (b) and (c) not later than the 90th day after the date
  of the end of a fiscal year for which a transfer is required under
  those subsections.
         (e)  Money in the fund may only be appropriated to the
  comptroller for the purposes of this chapter.
         (f)  Sections 403.095 and 404.071,  Government Code, do not
  apply to the fund.
         Sec. 473.003.  GRANT PROGRAM. (a)  The comptroller shall
  establish and administer a program to make grants from the fund to
  counties for transportation infrastructure projects.  A county
  shall deposit proceeds from a grant received under the program in
  the county's road and bridge fund.
         (b)  The amount of a grant provided to a county under the
  program in a given fiscal year must be in proportion to the number
  of oil and gas well completions in the county during the preceding
  three calendar years compared to the total number of oil and gas
  well completions in the state during the preceding three calendar
  years as certified by the Railroad Commission of Texas.
         (c)  In applying for a grant under this section, a county
  shall:
               (1)  submit a transportation infrastructure plan,
  including a budget for the plan;
               (2)  obtain approval of the transportation
  infrastructure plan by the commission;
               (3)  describe the scope of the transportation
  infrastructure projects to be funded by grants under this chapter,
  including projects involving state highways maintained by the
  department and roads maintained by the county; and
               (4)  state the amount of funding that the county will
  provide for the transportation infrastructure projects.
         (d)  A transportation infrastructure plan submitted under
  this section:
               (1)  must demonstrate that existing department and
  county resources will be used to the extent possible; and
               (2)  may be amended, including by adding or removing
  transportation infrastructure projects from the plan, with the
  approval of the commission.
         (e)  A county that makes a second or subsequent application
  for a grant under this chapter must:
               (1)  provide a copy of its annual audit; and
               (2)  certify that all previous grants are being spent
  in accordance with the approved transportation infrastructure
  plan.
         SECTION 2.  This Act takes effect September 1, 2013.