Texas 2009 - 81st Regular

Texas Senate Bill SB1923 Compare Versions

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1	1	By: Watson, Davis S.B. No. 1923
2	2	(In the Senate - Filed March 12, 2009; March 24, 2009, read
3	3	first time and referred to Committee on Transportation and Homeland
4	4	Security; April 6, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 6, Nays 2;
6	6	April 6, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1923 By: Watson
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to funding sources for the Texas rail relocation and
13	13	improvement fund.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 201.971, Transportation Code, is amended
16	16	by adding Subdivision (6-a) to read as follows:
17	17	(6-a) "Program" means the rail relocation program.
18	18	SECTION 2. Subchapter O, Chapter 201, Transportation Code,
19	19	is amended by adding Section 201.979 to read as follows:
20	20	Sec. 201.979. RAIL RELOCATION ADVISORY GROUP. (a) The
21	21	rail relocation advisory group is created to advise the department
22	22	on the implementation and administration of the program.
23	23	(b) The advisory group consists of stakeholders in the
24	24	railroad industry, appointed by the chair of the Senate Committee
25	25	on Transportation and Homeland Security and by the chair of the
26	26	House Committee on Transportation. The chairs shall determine the
27	27	number of members appropriate to accomplish the duties of the
28	28	advisory group.
29	29	(c) The advisory group meets at the call of the chairs and
30	30	shall advise the department on the best use of money available in
31	31	the fund and on accomplishing the goals of the program, including
32	32	strategies for:
33	33	(1) alleviating traffic congestion;
34	34	(2) improving passenger and freight mobility;
35	35	(3) reducing noise in residential areas; and
36	36	(4) mitigating adverse effects on the environment.
37	37	(d) The department shall provide administrative support,
38	38	including staff, as necessary to assist the advisory group in
39	39	accomplishing its duties.
40	40	(e) A member of the advisory group is not entitled to
41	41	compensation for service on the committee but is entitled to
42	42	reimbursement of travel expenses incurred by the member while
43	43	conducting the business of the advisory group, as provided by the
44	44	General Appropriations Act.
45	45	SECTION 3. Subsection (d), Section 501.097, Transportation
46	46	Code, is amended to read as follows:
47	47	(d) The fee collected under Subsection (a)(1) shall be
48	48	credited to the Texas rail relocation and improvement [state
49	49	highway] fund [to defray the costs of administering this subchapter
50	50	and the costs to the department for issuing the title].
51	51	SECTION 4. Subsection (e), Section 501.100, Transportation
52	52	Code, is amended to read as follows:
53	53	(e) On or after the 31st day after the date the department
54	54	receives a rebuilder fee under Subsection (d), the department shall
55	55	deposit $50 of the fee to the credit of the Texas rail relocation
56	56	and improvement [state highway] fund [to be used only by the
57	57	Department of Public Safety to enforce this chapter] and $15 to the
58	58	credit of the general revenue fund.
59	59	SECTION 5. Subsection (a), Section 501.134, Transportation
60	60	Code, is amended to read as follows:
61	61	(a) If a certificate of title is lost or destroyed, the
62	62	owner or lienholder disclosed on the certificate may obtain, in the
63	63	manner provided by this section and department rule, a certified
64	64	copy of the lost or destroyed certificate of title directly from the
65	65	department by applying on a form prescribed by the department and
66	66	paying a fee of $2. A fee collected under this subsection shall be
67	67	deposited to the credit of the Texas rail relocation and
68	68	improvement [state highway] fund [and may be spent only as provided
69	69	by Section 501.138].
70	70	SECTION 6. Subsection (c), Section 501.138, Transportation
71	71	Code, is amended to read as follows:
72	72	(c) Of the amount received under Subsection (b)(2), the
73	73	department shall deposit:
74	74	(1) $5 in the general revenue fund; and
75	75	(2) $3 to the credit of the Texas rail relocation and
76	76	improvement [state highway] fund [to recover the expenses necessary
77	77	to administer this chapter].
78	78	SECTION 7. Section 502.008, Transportation Code, is amended
79	79	by adding Subsection (e) to read as follows:
80	80	(e) Any fees collected by the department for responding to
81	81	an inquiry under this section shall be deposited to the credit of
82	82	the Texas rail relocation and improvement fund.
83	83	SECTION 8. Subsection (b), Section 502.179, Transportation
84	84	Code, is amended to read as follows:
85	85	(b) The office issuing a duplicate receipt shall retain the
86	86	fee received as a fee of office. If the department issued the
87	87	receipt, the fee shall be deposited in the Texas rail relocation and
88	88	improvement fund.
89	89	SECTION 9. Subsection (d), Section 503.007, Transportation
90	90	Code, is amended to read as follows:
91	91	(d) A fee collected under this section shall be deposited to
92	92	the credit of the Texas rail relocation and improvement [state
93	93	highway] fund.
94	94	SECTION 10. Subsection (d), Section 503.008,
95	95	Transportation Code, is amended to read as follows:
96	96	(d) A fee collected under this section shall be deposited to
97	97	the credit of the Texas rail relocation and improvement [state
98	98	highway] fund.
99	99	SECTION 11. Subsection (f), Section 503.0615,
100	100	Transportation Code, is amended to read as follows:
101	101	(f) Of each fee collected by the department under this
102	102	section:
103	103	(1) $1.25 shall be deposited to the credit of the Texas
104	104	rail relocation and improvement [state highway] fund [to defray the
105	105	cost of administering this section]; and
106	106	(2) the remainder shall be deposited to the credit of
107	107	the general revenue fund.
108	108	SECTION 12. Subsection (a), Section 621.353,
109	109	Transportation Code, is amended to read as follows:
110	110	(a) The comptroller shall send $50 of each base fee
111	111	collected under Section 623.011 for an excess weight permit to the
112	112	counties of the state, with each county receiving an amount
113	113	determined according to the ratio of the total number of miles of
114	114	county roads maintained by the county to the total number of miles
115	115	of county roads maintained by all of the counties of this state.
116	116	The comptroller shall deposit $25 of each base fee, plus each fee
117	117	collected under Section 623.0112, to the credit of the Texas rail
118	118	relocation and improvement [state highway] fund. [Money deposited
119	119	to the credit of that fund under this subsection may be appropriated
120	120	only to the department to administer this section and Sections
121	121	623.011, 623.0111, and 623.0112.]
122	122	SECTION 13. Subsection (c), Section 623.0111,
123	123	Transportation Code, is amended to read as follows:
124	124	(c) Of the fees collected under Subsection (a) the following
125	125	amounts shall be deposited to the general revenue fund and the
126	126	remainder shall be deposited to the credit of the Texas rail
127	127	relocation and improvement [state highway] fund:
128	128	Number of Counties Designated Amount Allocated to General Revenue Fund Number of Counties Designated Amount Allocated to General Revenue Fund
129	129	Number of Counties Designated Amount Allocated to General Revenue Fund
130	130	Number of Counties Designated Amount Allocated to General Revenue Fund Number of Counties Designated Amount Allocated to General Revenue Fund
131	131	Number of Counties Designated Amount Allocated to General Revenue Fund
132	132	1-5 $125 1-5 $125
133	133	1-5 $125
134	134	6-20 $125 6-20 $125
135	135	6-20 $125
136	136	21-40 $345 21-40 $345
137	137	21-40 $345
138	138	41-60 $565 41-60 $565
139	139	41-60 $565
140	140	61-80 $785 61-80 $785
141	141	61-80 $785
142	142	81-100 $900 81-100 $900
143	143	81-100 $900
144	144	101-254 $1,000 101-254 $1,000
145	145	101-254 $1,000
146	146	SECTION 14. Subsections (a-1) and (c), Section 623.076,
147	147	Transportation Code, are amended to read as follows:
148	148	(a-1) The following amounts collected under Subsection (a)
149	149	shall be deposited to the general revenue fund and the remainder
150	150	deposited to the credit of the Texas rail relocation and
151	151	improvement [state highway] fund:
152	152	Amount of Fee Amount Allocated to General Revenue Fund Amount of Fee Amount Allocated to General Revenue Fund
153	153	Amount of Fee Amount Allocated to General Revenue Fund
154	154	$60 (single-trip permit) $30 $60 (single-trip permit) $30
155	155	$60 (single-trip permit) $30
156	156	$120 (30-day permit) $60 $120 (30-day permit) $60
157	157	$120 (30-day permit) $60
158	158	$180 $90 $180 $90
159	159	$180 $90
160	160	$240 $120 $240 $120
161	161	$240 $120
162	162	$270 $135 $270 $135
163	163	$270 $135
164	164	(c) An application for a permit under Section 623.071(c)(3)
165	165	or (d) must be accompanied by the permit fee established by the
166	166	commission for the permit, not to exceed $7,000. Of each fee
167	167	collected under this subsection, the department shall send:
168	168	(1) the first $1,000 to the comptroller for deposit to
169	169	the credit of the general revenue fund; and
170	170	(2) any amount in excess of $1,000 to the comptroller
171	171	for deposit to the credit of the Texas rail relocation and
172	172	improvement [state highway] fund.
173	173	SECTION 15. Subsection (b), Section 623.077,
174	174	Transportation Code, is amended to read as follows:
175	175	(b) The department shall send each fee collected under
176	176	Subsection (a) to the comptroller for deposit to the credit of the
177	177	Texas rail relocation and improvement [state highway] fund.
178	178	SECTION 16. Subsection (a), Section 623.096,
179	179	Transportation Code, is amended to read as follows:
180	180	(a) The department shall collect a fee of $40 for each
181	181	permit issued under this subchapter. Of each fee, $19.70 shall be
182	182	deposited to the credit of the general revenue fund and the
183	183	remainder deposited to the credit of the Texas rail relocation and
184	184	improvement [state highway] fund.
185	185	SECTION 17. Subsection (b), Section 623.124,
186	186	Transportation Code, is amended to read as follows:
187	187	(b) The department shall send each fee collected under this
188	188	section to the comptroller. Of each fee received from the
189	189	department, the comptroller shall deposit $7.50 to the credit of
190	190	the general revenue fund and $7.50 to the credit of the Texas rail
191	191	relocation and improvement [state highway] fund.
192	192	SECTION 18. Section 623.147, Transportation Code, is
193	193	amended to read as follows:
194	194	Sec. 623.147. DEPOSIT OF FEE IN TEXAS RAIL RELOCATION AND
195	195	IMPROVEMENT [STATE HIGHWAY] FUND. A fee collected under this
196	196	subchapter shall be deposited to the credit of the Texas rail
197	197	relocation and improvement [state highway] fund.
198	198	SECTION 19. Section 2301.156, Occupations Code, is amended
199	199	to read as follows:
200	200	Sec. 2301.156. DEPOSIT OF REVENUE. Notwithstanding any
201	201	other law to the contrary, all money collected by the board under
202	202	this chapter shall be deposited in the state treasury to the credit
203	203	of the Texas rail relocation and improvement [state highway] fund.
204	204	SECTION 20. Subsection (d), Section 2301.264, Occupations
205	205	Code, is amended to read as follows:
206	206	(d) The board may refund from funds deposited under Section
207	207	2301.156 [appropriated to the board for that purpose] a fee
208	208	collected under this chapter that is not due or that exceeds the
209	209	amount due.
210	210	SECTION 21. Not later than the 60th day after the effective
211	211	date of this Act, the Texas Department of Transportation shall
212	212	report to the Legislative Budget Board and the Governor's Office of
213	213	Budget and Planning on the availability of funds under federal
214	214	matching programs for the rail relocation program under Subchapter
215	215	O, Chapter 201, Transportation Code, as amended by this Act, and on
216	216	how to secure such funds for financing the program.
217	217	SECTION 22. Not later than January 1, 2011, the Texas
218	218	Department of Transportation shall submit a comprehensive report to
219	219	the governor, to the chair of the Senate Committee on
220	220	Transportation and Homeland Security, and to the chair of the House
221	221	Committee on Transportation regarding the progress of the rail
222	222	relocation program under Subchapter O, Chapter 201, Transportation
223	223	Code, as amended by this Act, and the status of program financing,
224	224	including:
225	225	(1) the dollar amount of the bonds issued for the
226	226	program;
227	227	(2) a description of the projects being financed by
228	228	the program;
229	229	(3) the status and estimated date of completion of
230	230	each project;
231	231	(4) a description of the projects to be financed in the
232	232	2012-2013 fiscal biennium;
233	233	(5) the estimated debt service requirement in the
234	234	2012-2013 fiscal biennium for the projects; and
235	235	(6) the availability of any funds under federal
236	236	matching programs.
237	237	SECTION 23. The Texas Department of Transportation, in
238	238	coordination with the comptroller of public accounts, shall produce
239	239	recommendations for supplemental revenue sources for the Texas rail
240	240	relocation and improvement fund for consideration by the 82nd
241	241	Legislature.
242	242	SECTION 24. (a) If the comptroller of public accounts
243	243	files a certification with the secretary of state that the
244	244	following items enacted by the 81st Legislature result in a net gain
245	245	in the 2010-2011 fiscal biennium as compared to the 2008-2009
246	246	fiscal biennium, then this Act takes effect September 1, 2009:
247	247	(1) the net impact of revenue measures enacted,
248	248	including this Act, on State Highway Fund No. 0006;
249	249	(2) as a gain, any reduction in the appropriations
250	250	from State Highway Fund No. 0006 made to agencies other than the
251	251	Texas Department of Transportation; and
252	252	(3) as a loss, any reduction in the appropriations to
253	253	the Texas Department of Transportation from the general revenue
254	254	fund.
255	255	(b) If the comptroller of public accounts does not file the
256	256	certification described by Subsection (a) of this section, this Act
257	257	has no effect.
258	258	* * * * *
259	259
260	260	Number of Counties Designated Amount Allocated to General Revenue Fund
261	261
262	262	Number of Counties Designated Amount Allocated to General Revenue Fund
263	263
264	264	1-5 $125
265	265
266	266	6-20 $125
267	267
268	268	21-40 $345
269	269
270	270	41-60 $565
271	271
272	272	61-80 $785
273	273
274	274	81-100 $900
275	275
276	276	101-254 $1,000
277	277
278	278	Amount of Fee Amount Allocated to General Revenue Fund
279	279
280	280	$60 (single-trip permit) $30
281	281
282	282	$120 (30-day permit) $60
283	283
284	284	$180 $90
285	285
286	286	$240 $120
287	287
288	288	$270 $135