2009S0599-2 03/10/09
By: Watson S.B. No. 1923
A BILL TO BE ENTITLED
AN ACT
relating to funding sources for the Texas rail relocation and
improvement fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.971, Transportation Code, is amended
by adding Subdivision (6-a) to read as follows:
(6-a) "Program" means the rail relocation program.
SECTION 2. Subchapter O, Chapter 201, Transportation Code,
is amended by adding Section 201.979 to read as follows:
Sec. 201.979. RAIL RELOCATION ADVISORY GROUP. (a) The
rail relocation advisory group is created to advise the department
on the implementation and administration of the program.
(b) The advisory group consists of stakeholders in the
railroad industry, appointed by the chair of the Senate Committee
on Transportation and Homeland Security and by the chair of the
House Committee on Transportation. The chairs shall determine the
number of members appropriate to accomplishing the duties of the
advisory group.
(c) The advisory group meets at the call of the chairs and
shall advise the department on the best use of money available in
the fund and on accomplishing the goals of the program, including
strategies for:
(1) alleviating traffic congestion;
(2) improving passenger and freight mobility;
(3) reducing noise in residential areas; and
(4) mitigating adverse effects on the environment.
(d) The department shall provide administrative support,
including staff, as necessary to assist the advisory group in
accomplishing its duties.
(e) A member of the advisory group is not entitled to
compensation for service on the committee but is entitled to
reimbursement of travel expenses incurred by the member while
conducting the business of the advisory group, as provided by the
General Appropriations Act.
SECTION 3. Subsection (c), Section 342.004, Transportation
Code, is amended to read as follows:
(c) The department shall deposit each fee collected under
this section to the credit of the Texas rail relocation and
improvement [state highway] fund.
SECTION 4. Subsection (d), Section 501.097, Transportation
Code, is amended to read as follows:
(d) The fee collected under Subsection (a)(1) shall be
credited to the Texas rail relocation and improvement [state
highway] fund to defray the costs of administering this subchapter
and the costs to the department for issuing the title.
SECTION 5. Subsection (e), Section 501.100, 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 Texas rail relocation
and improvement [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 6. Subsection (c), Section 501.138, Transportation
Code, is amended to read as follows:
(c) Of the amount received under Subsection (b)(2), the
department shall deposit:
(1) $5 in the general revenue fund; and
(2) $3 to the credit of the Texas rail relocation and
improvement [state highway] fund to recover the expenses necessary
to administer this chapter.
SECTION 7. Subsection (b), Section 502.179, Transportation
Code, is amended to read as follows:
(b) The office issuing a duplicate receipt shall retain the
fee received as a fee of office. If the department issued the
receipt, the fee shall be deposited in the Texas rail relocation and
improvement fund.
SECTION 8. Subsection (c), Section 504.505, Transportation
Code, is amended to read as follows:
(c) The initial fee for issuance of the license plates is
$8. The license plates may be renewed without payment of a fee. A
fee collected under this subsection shall be deposited to the
credit of the Texas rail relocation and improvement fund.
SECTION 9. Subsection (b), Section 504.507, Transportation
Code, is amended to read as follows:
(b) The fee for issuance of the license plates is $8. The
department shall deposit the fee to the credit of the Texas rail
relocation and improvement fund and:
(1) [also] collect any additional fee that a county
imposes under this chapter for registration of a forestry vehicle;
and
(2) send the additional fee to the appropriate county
for disposition.
SECTION 10. Subsection (a), Section 621.353,
Transportation Code, is amended to read as follows:
(a) The comptroller shall send $50 of each base fee
collected under Section 623.011 for an excess weight permit to the
counties of the state, with each county receiving an amount
determined according to the ratio of the total number of miles of
county roads maintained by the county to the total number of miles
of county roads maintained by all of the counties of this state.
The comptroller shall deposit $25 of each base fee, plus each fee
collected under Section 623.0112, to the credit of the Texas rail
relocation and improvement [state highway] fund. [Money deposited
to the credit of that fund under this subsection may be appropriated
only to the department to administer this section and Sections
623.011, 623.0111, and 623.0112.]
SECTION 11. Section 621.354, Transportation Code, is
amended to read as follows:
Sec. 621.354. DISPOSITION OF FEES FOR PERMIT FOR MOVEMENT
OF CYLINDRICAL HAY BALES. The department shall deposit each fee
collected under Section 623.017 in the state treasury to the credit
of the Texas rail relocation and improvement [state highway] fund.
SECTION 12. Subsection (a), Section 622.051,
Transportation Code, is amended to read as follows:
(a) A person may operate over a highway or road of this state
a vehicle or combination of vehicles that is used exclusively for
transporting poles required for the maintenance of electric power
transmission and distribution lines if:
(1) the vehicle, or combination of vehicles, is not
longer than 75 feet, including the load; and
(2) the operator of the vehicle, or combination of
vehicles, pays to the department $120 each calendar year, which the
department shall deposit to the credit of the Texas rail relocation
and improvement fund.
SECTION 13. Subsection (c), Section 623.0111,
Transportation Code, is amended to read as follows:
(c) Of the fees collected under Subsection (a) the following
amounts shall be deposited to the general revenue fund and the
remainder shall be deposited to the credit of the Texas rail
relocation and improvement [state highway] fund:
Number of Counties Designated Amount Allocated to General Revenue Fund Number of Counties Designated Amount Allocated to General Revenue Fund
Number of Counties Designated Amount Allocated to General Revenue Fund
Number of Counties Designated Amount Allocated to General Revenue Fund Number of Counties Designated Amount Allocated to General Revenue Fund
Number of Counties Designated Amount Allocated to General Revenue Fund
1-5 $125 1-5 $125
1-5 $125
6-20 $125 6-20 $125
6-20 $125
21-40 $345 21-40 $345
21-40 $345
41-60 $565 41-60 $565
41-60 $565
61-80 $785 61-80 $785
61-80 $785
81-100 $900 81-100 $900
81-100 $900
101-254 $1,000 101-254 $1,000
101-254 $1,000
SECTION 14. Subsections (a-1) and (c), Section 623.076,
Transportation Code, are amended to read as follows:
(a-1) The following amounts collected under Subsection (a)
shall be deposited to the general revenue fund and the remainder
deposited to the credit of the Texas rail relocation and
improvement [state highway] fund:
Amount of Fee Amount Allocated to General Revenue Fund Amount of Fee Amount Allocated to General Revenue Fund
Amount of Fee Amount Allocated to General Revenue Fund
$60 (single-trip permit) $30 $60 (single-trip permit) $30
$60 (single-trip permit) $30
$120 (30-day permit) $60 $120 (30-day permit) $60
$120 (30-day permit) $60
$180 $90 $180 $90
$180 $90
$240 $120 $240 $120
$240 $120
$270 $135 $270 $135
$270 $135
(c) An application for a permit under Section 623.071(c)(3)
or (d) must be accompanied by the permit fee established by the
commission for the permit, not to exceed $7,000. Of each fee
collected under this subsection, the department shall send:
(1) the first $1,000 to the comptroller for deposit to
the credit of the general revenue fund; and
(2) any amount in excess of $1,000 to the comptroller
for deposit to the credit of the Texas rail relocation and
improvement [state highway] fund.
SECTION 15. Subsection (b), Section 623.077,
Transportation Code, is amended to read as follows:
(b) The department shall send each fee collected under
Subsection (a) to the comptroller for deposit to the credit of the
Texas rail relocation and improvement [state highway] fund.
SECTION 16. Subsection (a), Section 623.096,
Transportation Code, is amended to read as follows:
(a) The department shall collect a fee of $40 for each
permit issued under this subchapter. Of each fee, $19.70 shall be
deposited to the credit of the general revenue fund and the
remainder deposited to the credit of the Texas rail relocation and
improvement [state highway] fund.
SECTION 17. Section 623.147, Transportation Code, is
amended to read as follows:
Sec. 623.147. DEPOSIT OF FEE IN TEXAS RAIL RELOCATION AND
IMPROVEMENT [STATE HIGHWAY] FUND. A fee collected under this
subchapter shall be deposited to the credit of the Texas rail
relocation and improvement [state highway] fund.
SECTION 18. Section 623.233, Transportation Code, is
amended to read as follows:
Sec. 623.233. MAINTENANCE CONTRACTS. The district shall
make payments to the credit of the Texas rail relocation and
improvement fund for the purposes of Subchapter O, Chapter 201
[department to provide funds for the maintenance of state highways
subject to this subchapter].
SECTION 19. Subsection (b), Section 623.234,
Transportation Code, is amended to read as follows:
(b) Fees collected under Subsection (a) shall be [used
solely to provide funds for the payments provided for under Section
623.233 less administrative costs, which shall not exceed 15
percent of the fees collected. The fees shall be] deposited in the
Texas rail relocation and improvement [state highway] fund. Fees
deposited [in the state highway fund] under this section are exempt
from the application of Section 403.095, Government Code.
SECTION 20. Section 623.253, Transportation Code, is
amended to read as follows:
Sec. 623.253. MAINTENANCE CONTRACTS. The county shall make
payments to the department to be deposited to the credit of the
Texas rail relocation and improvement fund for the purposes of
Subchapter O, Chapter 201 [provide funds for the maintenance of
state highways subject to this subchapter].
SECTION 21. Subsection (b), Section 623.254,
Transportation Code, is amended to read as follows:
(b) Fees collected under Subsection (a) [may be used only to
provide funds for the payments under Section 623.253 and for the
county's administrative costs, which may not exceed 15 percent of
the fees collected. The fees] shall be deposited in the Texas rail
relocation and improvement [state highway] fund. Fees deposited
[in the state highway fund] under this section are exempt from the
application of Section 403.095, Government Code.
SECTION 22. Section 2301.156, Occupations Code, is amended
to read as follows:
Sec. 2301.156. DEPOSIT OF REVENUE. Notwithstanding any
other law to the contrary, all money collected by the board under
this chapter shall be deposited in the state treasury to the credit
of the Texas rail relocation and improvement [state highway] fund.
SECTION 23. Not later than the 60th day after the effective
date of this Act, the Texas Department of Transportation shall
report to the Legislative Budget Board and the Governor's Office of
Budget and Planning on the availability of funds under federal
matching programs for the rail relocation program under Subchapter
O, Chapter 201, Transportation Code, as amended by this Act, and on
how to secure such funds for financing the program.
SECTION 24. Not later than January 1, 2011, the Texas
Department of Transportation shall submit a comprehensive report to
the governor, to the chair of the Senate Committee on
Transportation and Homeland Security, and to the chair of the House
Committee on Transportation regarding the progress of the rail
relocation program under Subchapter O, Chapter 201, Transportation
Code, as amended by this Act, and the status of program financing,
including:
(1) the dollar amount of the bonds issued for the
program;
(2) a description of the projects being financed by
the program;
(3) the status and estimated date of completion of
each project;
(4) a description of the projects to be financed in the
2012-2013 fiscal biennium;
(5) the estimated debt service requirement in the
2012-2013 fiscal biennium for the projects; and
(6) the availability of any funds under federal
matching programs.
SECTION 25. The Texas Department of Transportation, in
coordination with the comptroller of public accounts, shall produce
recommendations for supplemental revenue sources for the Texas rail
relocation and improvement fund for consideration by the 82nd
Legislature.
SECTION 26. If the comptroller of public accounts files a
certification with the secretary of state that revenue and
appropriations measures of the 81st Legislature produce a net gain
to State Highway Fund No. 0006 in the 2010-2011 fiscal biennium over
the 2008-2009 fiscal biennium, this Act takes effect September 1,
2009. If the comptroller does not file such a certification, this
Act has no effect.
Number of Counties Designated Amount Allocated to General Revenue Fund
Number of Counties Designated Amount Allocated to General Revenue Fund
1-5 $125
6-20 $125
21-40 $345
41-60 $565
61-80 $785
81-100 $900
101-254 $1,000
Amount of Fee Amount Allocated to General Revenue Fund
$60 (single-trip permit) $30
$120 (30-day permit) $60
$180 $90
$240 $120
$270 $135