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        |  | 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. |