| 1 | 1 | | 81R7866 JE-D |
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| 2 | 2 | | By: McClendon H.B. No. 1208 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the dedication of certain sales and use tax and |
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| 8 | 8 | | franchise tax revenue to the Texas rail relocation and improvement |
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| 9 | 9 | | fund. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 151.801, Tax Code, is amended by |
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| 12 | 12 | | amending Subsection (a) and adding Subsection (d-1) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (a) Except for the amounts allocated under Subsections (b), |
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| 15 | 15 | | [and] (c), and (d-1), all proceeds from the collection of the taxes |
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| 16 | 16 | | imposed by this chapter shall be deposited to the credit of the |
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| 17 | 17 | | general revenue fund. |
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| 18 | 18 | | (d-1) The amount of the proceeds from the collection of taxes |
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| 19 | 19 | | imposed by this chapter on the purchase of taxable items by a rail |
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| 20 | 20 | | carrier shall be deposited to the credit of the Texas rail |
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| 21 | 21 | | relocation and improvement fund. The comptroller may determine the |
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| 22 | 22 | | amount to be deposited to the Texas rail relocation and improvement |
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| 23 | 23 | | fund using any appropriate method, including available statistical |
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| 24 | 24 | | data. In addition, the comptroller may require taxpayers to report |
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| 25 | 25 | | to the comptroller as necessary to make the allocation. In this |
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| 26 | 26 | | subsection, "rail carrier" means a rail carrier classified as a |
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| 27 | 27 | | Class I, Class II, or Class III carrier under 49 C.F.R. Section |
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| 28 | 28 | | 1201.1-1(a). |
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| 29 | 29 | | SECTION 2. Section 171.401, Tax Code, is amended to read as |
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| 30 | 30 | | follows: |
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| 31 | 31 | | Sec. 171.401. REVENUE DEPOSITED IN GENERAL REVENUE FUND AND |
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| 32 | 32 | | TEXAS RAIL RELOCATION AND IMPROVEMENT FUND. (a) Except as provided |
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| 33 | 33 | | by Subsection (b) and Section 171.4011, the [The] revenue from the |
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| 34 | 34 | | tax imposed by this chapter shall be deposited to the credit of the |
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| 35 | 35 | | general revenue fund. |
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| 36 | 36 | | (b) The amount of the taxes paid under this chapter by a rail |
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| 37 | 37 | | carrier shall be deposited to the credit of the Texas rail |
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| 38 | 38 | | relocation and improvement fund. The comptroller may require |
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| 39 | 39 | | taxpayers to submit information to the comptroller as necessary to |
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| 40 | 40 | | make the allocation. This subsection does not affect the amount |
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| 41 | 41 | | required to be deposited to the property tax relief fund under |
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| 42 | 42 | | Section 171.4011. In this subsection, "rail carrier" means a rail |
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| 43 | 43 | | carrier classified as a Class I, Class II, or Class III carrier |
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| 44 | 44 | | under 49 C.F.R. Section 1201.1-1(a). |
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| 45 | 45 | | SECTION 3. (a) Sections 151.801(a) and (d-1), Tax Code, as |
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| 46 | 46 | | amended and added by this Act, take effect September 1, 2009. |
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| 47 | 47 | | (b) Section 171.401, Tax Code, as amended by this Act, takes |
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| 48 | 48 | | effect January 1, 2010. |
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