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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain money transferred to and deposited in |
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the state highway fund as required by the Texas Constitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 162.503, Tax Code, is amended to read as |
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follows: |
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Sec. 162.503. ALLOCATION OF GASOLINE TAX. [(a)] On or |
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before the fifth workday after the end of each month, the |
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comptroller, after making all deductions for refund purposes and |
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for the amounts allocated under Sections 162.502 and 162.5025, |
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shall allocate the net remainder of the taxes collected under |
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Subchapter B as follows: |
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(1) one-fourth of the tax shall be deposited to the |
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credit of the available school fund; |
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(2) one-half of the tax shall be deposited to the |
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credit of the state highway fund for the purposes authorized by |
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Section 7-a, Article VIII, Texas Constitution [construction and |
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maintenance of the state road system under existing law]; and |
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(3) from the remaining one-fourth of the tax the |
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comptroller shall: |
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(A) deposit to the credit of the county and road |
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district highway fund all the remaining tax receipts until a total |
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of $7,300,000 has been credited to the fund each fiscal year; and |
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(B) after the amount required to be deposited to |
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the county and road district highway fund has been deposited, |
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deposit to the credit of the state highway fund the remainder of the |
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one-fourth of the tax, the amount to be provided on the basis of |
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allocations made each month of the fiscal year, which sum shall be |
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used by the Texas Department of Transportation for the |
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construction, improvement, and maintenance of farm-to-market |
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roads. |
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SECTION 2. Section 201.002(c), Transportation Code, is |
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amended to read as follows: |
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(c) All money authorized to be appropriated in accordance |
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with this section for the operation of the department and the |
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purchase of equipment shall be appropriated from the state highway |
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fund. The commission shall use the amount remaining in the fund |
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for the furtherance of public road construction and for |
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establishing a system of state highways and for transit-oriented |
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projects. |
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SECTION 3. Section 202.002(a), Transportation Code, is |
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amended to read as follows: |
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(a) The commission shall use automobile registration fees |
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in the state highway fund for the purposes authorized by Section |
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7-a, Article VIII, Texas Constitution, [to maintain state highways] |
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and may not divert funds from automobile registration fees for |
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another use. |
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SECTION 4. Section 222.001, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Money that is required to be used for public roadways by |
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the Texas Constitution, except for Section 7-a, Article VIII, Texas |
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Constitution, or federal law and that is deposited in the state |
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treasury to the credit of the state highway fund, including money |
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deposited to the credit of the state highway fund under Title 23, |
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United States Code, may be used only: |
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(1) to improve the state highway system; or |
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(2) to mitigate adverse environmental effects that |
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result directly from construction or maintenance of a state highway |
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by the department. |
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(a-1) Money that is required to be used for public roadways |
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and transit-oriented projects by the Texas Constitution and that is |
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deposited in the state treasury to the credit of the state highway |
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fund may be used only to: |
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(1) improve the state highway system; |
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(2) support transit-oriented projects; or |
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(3) mitigate adverse environmental effects that |
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result directly from construction or maintenance of a project |
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described by Subdivision (1) or (2). |
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SECTION 5. Section 222.002, Transportation Code, is amended |
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to read as follows: |
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Sec. 222.002. USE OF STATE HIGHWAY FUND FOR DEPARTMENT |
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FUNCTIONS. Money in the state highway fund that is not required to |
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be spent for public roadways or transit-oriented projects by the |
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Texas Constitution or federal law may be used for any function |
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performed by the department. |
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SECTION 6. This Act takes effect September 1, 2025, but only |
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if the constitutional amendment proposed by the 88th Legislature, |
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Regular Session, 2023, authorizing the use of money in the state |
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highway fund for transit-oriented projects is approved by the |
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voters. If that amendment is not approved by the voters, this Act |
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has no effect. |