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  84R2685 CJC-D
 
  By: Leach H.B. No. 203
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the allocation of revenue derived from the taxes
  imposed on the sale, storage, or use of new and used motor vehicle
  tires and parts to the state highway fund and to the uses of that
  revenue.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 151.801, Tax Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (b-1) to
  read as follows:
         (a)  Except for the amounts allocated under Subsections (b),
  (b-1), and (c), all proceeds from the collection of the taxes
  imposed by this chapter shall be deposited to the credit of the
  general revenue fund.
         (b-1)  The amount of the proceeds from the collection of the
  taxes imposed by this chapter on the sale, storage, or use of new
  and used motor vehicle tires and new and used motor vehicle parts
  shall be deposited to the credit of the state highway fund. Money
  deposited to the state highway fund under this subsection may not be
  used for toll roads.
         (d)  The comptroller shall determine the amount to be
  deposited to the state highway fund under Subsections [Subsection]
  (b) and (b-1) according to available statistical data indicating
  the estimated average or actual consumption or sales of lubricants
  used to propel motor vehicles over the public roadways, new and used
  motor vehicle tires, and new and used motor vehicle parts. The
  comptroller shall determine the amounts to be deposited to the
  funds or accounts under Subsection (c) according to available
  statistical data indicating the estimated or actual total receipts
  in this state from taxable sales of sporting goods. If satisfactory
  data are not available, the comptroller may require taxpayers who
  make taxable sales or uses of those lubricants, motor vehicle
  tires, motor vehicle parts, or [of] sporting goods to report to the
  comptroller as necessary to make the allocation required by
  Subsection (b), (b-1), or (c).
         SECTION 2.  The change in law made by this Act does not
  affect taxes imposed before the effective date of this Act, and the
  law in effect before the effective date of this Act is continued in
  effect for purposes of the liability for and collection and deposit
  of those taxes.
         SECTION 3.  This Act takes effect September 1, 2015.