81R7866 JE-D
By: McClendon H.B. No. 1208
A BILL TO BE ENTITLED
AN ACT
relating to the dedication of certain sales and use tax and
franchise tax revenue to the Texas rail relocation and improvement
fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 151.801, Tax Code, is amended by
amending Subsection (a) and adding Subsection (d-1) to read as
follows:
(a) Except for the amounts allocated under Subsections (b),
[and] (c), and (d-1), all proceeds from the collection of the taxes
imposed by this chapter shall be deposited to the credit of the
general revenue fund.
(d-1) The amount of the proceeds from the collection of taxes
imposed by this chapter on the purchase of taxable items by a rail
carrier shall be deposited to the credit of the Texas rail
relocation and improvement fund. The comptroller may determine the
amount to be deposited to the Texas rail relocation and improvement
fund using any appropriate method, including available statistical
data. In addition, the comptroller may require taxpayers to report
to the comptroller as necessary to make the allocation. In this
subsection, "rail carrier" means a rail carrier classified as a
Class I, Class II, or Class III carrier under 49 C.F.R. Section
1201.1-1(a).
SECTION 2. Section 171.401, Tax Code, is amended to read as
follows:
Sec. 171.401. REVENUE DEPOSITED IN GENERAL REVENUE FUND AND
TEXAS RAIL RELOCATION AND IMPROVEMENT FUND. (a) Except as provided
by Subsection (b) and Section 171.4011, the [The] revenue from the
tax imposed by this chapter shall be deposited to the credit of the
general revenue fund.
(b) The amount of the taxes paid under this chapter by a rail
carrier shall be deposited to the credit of the Texas rail
relocation and improvement fund. The comptroller may require
taxpayers to submit information to the comptroller as necessary to
make the allocation. This subsection does not affect the amount
required to be deposited to the property tax relief fund under
Section 171.4011. In this subsection, "rail carrier" means a rail
carrier classified as a Class I, Class II, or Class III carrier
under 49 C.F.R. Section 1201.1-1(a).
SECTION 3. (a) Sections 151.801(a) and (d-1), Tax Code, as
amended and added by this Act, take effect September 1, 2009.
(b) Section 171.401, Tax Code, as amended by this Act, takes
effect January 1, 2010.