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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolishment of the transportation infrastructure |
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fund and the grant program using money from the fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 222.110(a), (e), and (h), |
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Transportation Code, are amended to read as follows: |
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(a) In this section, "sales[:
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[(1) "Sales] tax base" for a transportation |
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reinvestment zone means the amount of sales and use taxes imposed by |
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a municipality under Section 321.101(a), Tax Code, or by a county |
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under Chapter 323, Tax Code, as applicable, attributable to the |
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zone for the year in which the zone was designated under this |
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chapter. |
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[(2)
"Transportation reinvestment zone" includes a
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county energy transportation reinvestment zone.] |
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(e) The sales and use taxes to be deposited into the tax |
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increment account under this section may be disbursed from the |
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account only to: |
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(1) pay for projects authorized under Section 222.104 |
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or 222.108; and |
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(2) notwithstanding Sections 321.506 and 323.505, Tax |
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Code, satisfy claims of holders of tax increment bonds, notes, or |
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other obligations issued or incurred for projects authorized under |
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Section 222.104[, 222.1071,] or 222.108. |
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(h) The hearing required under Subsection (g) may be held in |
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conjunction with a hearing held under Section 222.106(e) or[,] |
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222.107(e)[, or 222.1071(d)] if the ordinance or order designating |
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an area as a transportation reinvestment zone under Section 222.106 |
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or[,] 222.107[, or 222.1071] also designates a sales tax increment |
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under Subsection (b). |
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SECTION 2. Section 256.009(a), Transportation Code, is |
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amended to read as follows: |
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(a) Not later than January 30 of each year, the county |
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auditor or, if the county does not have a county auditor, the |
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official having the duties of the county auditor shall file a report |
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with the comptroller that includes: |
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(1) an account of how[:
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[(A)] the money allocated to a county under |
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Section 256.002 during the preceding year was spent; [and
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[(B)
if the county designated a county energy
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transportation reinvestment zone, money paid into a tax increment
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account for the zone or from an award under Subchapter C was spent;] |
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(2) a description, including location, of any new |
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roads constructed in whole or in part with the money[:
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[(A)] allocated to a county under Section 256.002 |
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during the preceding year; [and
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[(B)
paid into a tax increment account for the
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zone or from an award under Subchapter C if the county designated a
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county energy transportation reinvestment zone;] |
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(3) any other information related to the |
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administration of Sections 256.002 and 256.003 that the comptroller |
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requires; and |
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(4) the total amount of expenditures for county road |
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and bridge construction, maintenance, rehabilitation, right-of-way |
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acquisition, and utility construction and other appropriate road |
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expenditures of county funds in the preceding county fiscal year |
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that are required by the constitution or other law to be spent on |
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public roads or highways. |
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SECTION 3. The following provisions of the Transportation |
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Code are repealed: |
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(1) Subchapter C, Chapter 256; and |
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(2) Sections 222.1071, 222.1072, and 222.110(i). |
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SECTION 4. (a) On December 31, 2017, the transportation |
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infrastructure fund is abolished and the comptroller of public |
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accounts shall transfer the unencumbered balance of the fund to the |
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state highway fund for use in accordance with legislative |
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appropriation. |
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(b) The abolishment of the transportation infrastructure |
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fund and the repeal of Subchapter C, Chapter 256, Transportation |
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Code, do not affect the validity of any contract or agreement |
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between the Texas Department of Transportation and a county that is |
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entered into under that subchapter before December 31, 2017. |
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SECTION 5. The repeal by this Act of Section 222.1071, |
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Transportation Code, does not affect the validity of bonds issued |
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under that section before the effective date of this Act. Bonds |
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issued before the effective date of this Act are governed by the law |
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in effect when the bonds were issued, and that law is continued in |
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effect for purposes of the validity of those bonds. |
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SECTION 6. The repeal by this Act of Section 222.1071, |
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Transportation Code, does not affect the amount of any tax rate |
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calculation under Chapter 26, Tax Code, for the 2018 tax year or a |
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subsequent tax year pertaining to a county that imposes taxes on |
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property that for the 2017 tax year was located in a county energy |
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transportation reinvestment zone. Under Section 26.03, Tax Code, |
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for the duration of the zone, in any tax rate calculation under |
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Chapter 26 of that code, the portion of the captured appraised value |
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of property located in the zone that corresponded to the tax |
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increment of the county from that property that the county agreed to |
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pay into the tax increment account for the zone was excluded from |
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the value of property taxable by the county, and the portion of the |
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tax increment of the county that the county agreed to pay into the |
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account for the zone was excluded from the amount of taxes imposed |
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or collected by the county. Because beginning with the 2018 tax |
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year both that property value and the taxes corresponding to that |
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property value will be included in the calculation of ad valorem tax |
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rates of the county under Chapter 26, Tax Code, the amounts of those |
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tax rates will be unaffected. |
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SECTION 7. This Act takes effect December 31, 2017. |
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* * * * * |