81R6344 MTB-D
By: Harper-Brown H.B. No. 3394
A BILL TO BE ENTITLED
AN ACT
relating to the permissible uses of the state highway fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.013(c), Government Code, is amended
to read as follows:
(c) Appropriations for the Texas Highway Patrol must be made
from the general revenue [state highway] fund.
SECTION 2. Section 411.0205(g), Government Code, is amended
to read as follows:
(g) Funds collected under this section shall be deposited in
the state treasury to the credit of the general revenue [state
highway] fund, and money deposited to the general revenue [state
highway] fund under this section may be used only to defray the cost
of administering this section or Subchapter G.
SECTION 3. Section 411.145(c), Government Code, is amended
to read as follows:
(c) A fee collected under this section shall be deposited in
the state treasury to the credit of the general revenue [state
highway] fund, and money deposited to the general revenue [state
highway] fund under this section and under Articles 42.12 and
102.020(h), Code of Criminal Procedure, may be used only to defray
the cost of administering this subchapter and Section 411.0205.
SECTION 4. Section 201.115(d), Transportation Code, is
amended to read as follows:
(d) Notwithstanding Section 222.001, money in the state
highway fund may be used to repay a loan under this section, if
permissible under the Texas Constitution and appropriated by the
legislature for that purpose.
SECTION 5. Section 222.001, Transportation Code, is amended
to read as follows:
Sec. 222.001. USE OF STATE HIGHWAY FUND. (a) Money that is
required to be used for public roadways by the Texas Constitution or
federal law and that is deposited in the state treasury to the
credit of the state highway fund, including money deposited to the
credit of the state highway fund under Title 23, United States Code,
may be used only:
(1) to improve the state highway system; or
(2) to mitigate adverse environmental effects that
result directly from construction or maintenance of a state highway
by the department[; or
[(3) by the Department of Public Safety to police the
state highway system and to administer state laws relating to
traffic and safety on public roads].
(b) Except as otherwise provided by this code, money in the
state highway fund that is not described by Subsection (a) may be
used only to improve the state highway system.
SECTION 6. Section 222.073, Transportation Code, is amended
to read as follows:
Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. To the
extent permissible under [Notwithstanding] Section 222.001, the
commission shall use money deposited in the bank to:
(1) encourage public and private investment in
transportation facilities both within and outside of the state
highway system, including facilities that contribute to the
multimodal and intermodal transportation capabilities of the
state; and
(2) develop financing techniques designed to:
(A) expand the availability of funding for
transportation projects and to reduce direct state costs;
(B) maximize private and local participation in
financing projects; and
(C) improve the efficiency of the state
transportation system.
SECTION 7. Section 501.100(e), Transportation Code, is
amended to read as follows:
(e) On or after the 31st day after the date the department
receives a rebuilder fee under Subsection (d), the department shall
deposit [$50 of] the fee to the credit of the general revenue fund,
of which $50 shall [state highway fund to] be used only by the
Department of Public Safety to enforce this chapter [and $15 to the
credit of the general revenue fund].
SECTION 8. Article 102.020(h), Code of Criminal Procedure,
is amended to read as follows:
(h) The comptroller shall deposit 35 percent of the funds
received under this article in the state treasury to the credit of
the general revenue [state highway] fund to be used only to defray
the cost of administering Subchapter G, Chapter 411, Government
Code, and Section 411.0205, Government Code, and 65 percent of the
funds received under this article to the credit of the criminal
justice planning account in the general revenue fund.
SECTION 9. Section 222.002, Transportation Code, is
repealed.
SECTION 10. Sections 1, 4, 5, 6, and 9 of this Act take
effect only if the constitutional amendment proposed by the 81st
Legislature, Regular Session, 2009, to limit the purposes for which
revenues from motor vehicle registration fees, taxes on motor fuels
and lubricants, and certain revenues received from the federal
government may be used is approved by the voters. If that amendment
is not approved by the voters, Sections 1, 4, 5, 6, and 9 of this Act
have no effect.
SECTION 11. Except as otherwise provided by this Act, this
Act takes effect September 1, 2011.