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A BILL TO BE ENTITLED
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AN ACT
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relating to funding for county transportation infrastructure |
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projects in counties with significant oil and gas production. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 222.1071, Transportation Code, is |
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amended by adding Subsections (h-1), (i-1), (p), and (q) and |
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amending Subsection (k) to read as follows: |
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(h-1) The chief appraiser of the appraisal district in which |
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the zone is located shall certify to the county assessor-collector |
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the amount of tax increment produced by the county. |
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(i-1) At least 95 percent of the tax increment paid into the |
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tax increment account for the zone must be used to plan, construct, |
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or maintain transportation infrastructure in the zone. |
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(k) A county energy transportation reinvestment zone |
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terminates on December 31 of the eighth [10th] year after the year |
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the zone was designated [unless extended by an act of the county
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commissioners court that designated the zone.
The extension may
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not exceed five years]. On termination of the zone, any money |
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remaining in the tax increment account must be transferred to the |
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road and bridge fund described by Chapter 256 for the county that |
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deposited the money into the tax increment account. |
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(p) Notwithstanding any other provision of this section, a |
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county may not designate an area in the jurisdiction of the county |
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as a county energy transportation reinvestment zone after September |
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1, 2017. |
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(q) An owner of property located in an area designated as a |
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county energy transportation reinvestment zone may protest a |
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county's failure to follow a provision of this section to the |
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appraisal review board established for the appraisal district in |
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which the property is located in the manner provided by Subchapter |
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C, Chapter 41, Tax Code. If the appraisal review board determines |
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the protest in favor of the property owner, the county may not pay |
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the tax increment produced by the county into the tax increment |
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account for the zone. The comptroller shall adopt rules as |
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necessary to implement this subsection. |
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SECTION 2. Section 222.1072, Transportation Code, is |
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transferred to Subchapter C, Chapter 256, Transportation Code, |
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redesignated as Section 256.107, Transportation Code, and amended |
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to read as follows: |
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Sec. 256.107 [222.1072]. COUNTY GRANT PROGRAM ADVISORY |
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BOARD [OF COUNTY ENERGY TRANSPORTATION REINVESTMENT ZONE]. (a) A |
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county may create [is eligible to apply for a grant under Subchapter
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C, Chapter 256, if the county creates] an advisory board to advise |
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the county on transportation infrastructure projects to be funded |
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by a grant from the department under this subchapter [the
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establishment, administration, and expenditures of a county energy
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transportation reinvestment zone]. The county commissioners court |
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shall determine the terms and duties of the advisory board members. |
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(b) An [Except as provided by Subsection (c), the] advisory |
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board created under this section [of a county energy transportation
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reinvestment zone] consists of the following members appointed by |
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the county judge and approved by the county commissioners court: |
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(1) up to three oil and gas company representatives |
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who perform company activities in the county and are local |
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taxpayers; and |
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(2) two public members. |
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(c) [County energy transportation reinvestment zones that
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are jointly administered are advised by a single joint advisory
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board for the zones. A joint advisory board under this subsection
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consists of members appointed under Subsection (b) for each zone to
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be jointly administered.
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[(d)] An advisory board member may not receive compensation |
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for service on the board or reimbursement for expenses incurred in |
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performing services as a member. |
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SECTION 3. 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 Section |
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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, expenditures were made by |
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transportation infrastructure project money paid into a tax |
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increment account for the zone; and |
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(C) money [or] from an award under Subchapter C |
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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 |
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a county energy transportation reinvestment zone; and |
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(C) from an award under Subchapter C; |
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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 4. Section 256.103(b), Transportation Code, is |
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amended to read as follows: |
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(b) Grants distributed during a fiscal year must be |
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allocated among counties as follows: |
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(1) 20 percent according to weight tolerance permits, |
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determined by the ratio of weight tolerance permits issued in the |
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preceding fiscal year for the county [that designated a county
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energy transportation reinvestment zone] to the total number of |
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weight tolerance permits issued in the state in that fiscal year, as |
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determined by the Texas Department of Motor Vehicles; |
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(2) 20 percent according to oil and gas production |
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taxes, determined by the ratio of oil and gas production taxes |
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collected by the comptroller in the preceding fiscal year in the |
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county [that designated a county energy transportation
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reinvestment zone] to the total amount of oil and gas production |
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taxes collected in the state in that fiscal year, as determined by |
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the comptroller; |
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(3) 50 percent according to well completions, |
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determined by the ratio of well completions in the preceding fiscal |
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year in the county [that designated a county energy transportation
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reinvestment zone] to the total number of well completions in the |
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state in that fiscal year, as determined by the Railroad Commission |
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of Texas; and |
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(4) 10 percent according to the volume of oil and gas |
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waste injected, determined by the ratio of the volume of oil and gas |
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waste injected in the preceding fiscal year in the county [that
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designated a county energy transportation reinvestment zone] to the |
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total volume of oil and gas waste injected in the state in that |
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fiscal year, as determined by the Railroad Commission of Texas. |
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SECTION 5. Section 256.104(a), Transportation Code, is |
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amended to read as follows: |
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(a) In applying for a grant under this subchapter, the |
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county shall: |
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(1) provide the road condition report described by |
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Section 251.018 made by the county for the previous year; and |
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(2) submit to the department[:
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[(A)
a copy of the order or resolution
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establishing a county energy transportation reinvestment zone in
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the county, except that the department may waive the submission
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until the time the grant is awarded; and
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[(B)] a plan that: |
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(A) [(i)] provides a list of transportation |
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infrastructure projects to be funded by the grant; |
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(B) [(ii)] describes the scope of the |
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transportation infrastructure project or projects to be funded by |
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the grant using best practices for prioritizing the projects; |
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(C) [(iii)] provides for matching funds as |
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required by Section 256.105; and |
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(D) [(iv)] meets any other requirements imposed |
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by the department. |
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SECTION 6. This Act takes effect September 1, 2017. |