Texas 2009 - 81st Regular

Texas House Bill HB3394 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6344 MTB-D
2	2	By: Harper-Brown H.B. No. 3394
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the permissible uses of the state highway fund.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.013(c), Government Code, is amended
10	10	to read as follows:
11	11	(c) Appropriations for the Texas Highway Patrol must be made
12	12	from the general revenue [state highway] fund.
13	13	SECTION 2. Section 411.0205(g), Government Code, is amended
14	14	to read as follows:
15	15	(g) Funds collected under this section shall be deposited in
16	16	the state treasury to the credit of the general revenue [state
17	17	highway] fund, and money deposited to the general revenue [state
18	18	highway] fund under this section may be used only to defray the cost
19	19	of administering this section or Subchapter G.
20	20	SECTION 3. Section 411.145(c), Government Code, is amended
21	21	to read as follows:
22	22	(c) A fee collected under this section shall be deposited in
23	23	the state treasury to the credit of the general revenue [state
24	24	highway] fund, and money deposited to the general revenue [state
25	25	highway] fund under this section and under Articles 42.12 and
26	26	102.020(h), Code of Criminal Procedure, may be used only to defray
27	27	the cost of administering this subchapter and Section 411.0205.
28	28	SECTION 4. Section 201.115(d), Transportation Code, is
29	29	amended to read as follows:
30	30	(d) Notwithstanding Section 222.001, money in the state
31	31	highway fund may be used to repay a loan under this section, if
32	32	permissible under the Texas Constitution and appropriated by the
33	33	legislature for that purpose.
34	34	SECTION 5. Section 222.001, Transportation Code, is amended
35	35	to read as follows:
36	36	Sec. 222.001. USE OF STATE HIGHWAY FUND. (a) Money that is
37	37	required to be used for public roadways by the Texas Constitution or
38	38	federal law and that is deposited in the state treasury to the
39	39	credit of the state highway fund, including money deposited to the
40	40	credit of the state highway fund under Title 23, United States Code,
41	41	may be used only:
42	42	(1) to improve the state highway system; or
43	43	(2) to mitigate adverse environmental effects that
44	44	result directly from construction or maintenance of a state highway
45	45	by the department[; or
46	46	[(3) by the Department of Public Safety to police the
47	47	state highway system and to administer state laws relating to
48	48	traffic and safety on public roads].
49	49	(b) Except as otherwise provided by this code, money in the
50	50	state highway fund that is not described by Subsection (a) may be
51	51	used only to improve the state highway system.
52	52	SECTION 6. Section 222.073, Transportation Code, is amended
53	53	to read as follows:
54	54	Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. To the
55	55	extent permissible under [Notwithstanding] Section 222.001, the
56	56	commission shall use money deposited in the bank to:
57	57	(1) encourage public and private investment in
58	58	transportation facilities both within and outside of the state
59	59	highway system, including facilities that contribute to the
60	60	multimodal and intermodal transportation capabilities of the
61	61	state; and
62	62	(2) develop financing techniques designed to:
63	63	(A) expand the availability of funding for
64	64	transportation projects and to reduce direct state costs;
65	65	(B) maximize private and local participation in
66	66	financing projects; and
67	67	(C) improve the efficiency of the state
68	68	transportation system.
69	69	SECTION 7. Section 501.100(e), Transportation Code, is
70	70	amended to read as follows:
71	71	(e) On or after the 31st day after the date the department
72	72	receives a rebuilder fee under Subsection (d), the department shall
73	73	deposit [$50 of] the fee to the credit of the general revenue fund,
74	74	of which $50 shall [state highway fund to] be used only by the
75	75	Department of Public Safety to enforce this chapter [and $15 to the
76	76	credit of the general revenue fund].
77	77	SECTION 8. Article 102.020(h), Code of Criminal Procedure,
78	78	is amended to read as follows:
79	79	(h) The comptroller shall deposit 35 percent of the funds
80	80	received under this article in the state treasury to the credit of
81	81	the general revenue [state highway] fund to be used only to defray
82	82	the cost of administering Subchapter G, Chapter 411, Government
83	83	Code, and Section 411.0205, Government Code, and 65 percent of the
84	84	funds received under this article to the credit of the criminal
85	85	justice planning account in the general revenue fund.
86	86	SECTION 9. Section 222.002, Transportation Code, is
87	87	repealed.
88	88	SECTION 10. Sections 1, 4, 5, 6, and 9 of this Act take
89	89	effect only if the constitutional amendment proposed by the 81st
90	90	Legislature, Regular Session, 2009, to limit the purposes for which
91	91	revenues from motor vehicle registration fees, taxes on motor fuels
92	92	and lubricants, and certain revenues received from the federal
93	93	government may be used is approved by the voters. If that amendment
94	94	is not approved by the voters, Sections 1, 4, 5, 6, and 9 of this Act
95	95	have no effect.
96	96	SECTION 11. Except as otherwise provided by this Act, this
97	97	Act takes effect September 1, 2011.