By: Phillips H.B. No. 3793
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 151.801, Tax Code, is amended by
amending Subsections (a) and (d) and adding Subsection (b-1) to
read as follows:
(a) Except for the amounts allocated under Subsections (b),
(b-1), and (c), all proceeds from the collection of the taxes
imposed by this chapter shall be deposited to the credit of the
general revenue fund.
(b-1) The amount of the proceeds from the collection of the
taxes imposed by this chapter on the sale, storage, or use of new
and used motor vehicle tires and new and used motor vehicle parts
shall be deposited to the credit of the state highway fund.
(d) The comptroller shall determine the amount to be
deposited to the highway fund under Subsections [Subsection] (b)
and (b-1) according to available statistical data indicating the
estimated average or actual consumption or sales of lubricants used
to propel motor vehicles over the public roadways, new and used
motor vehicle tires, and new and used motor vehicle parts. The
comptroller shall determine the amounts to be deposited to the
funds or accounts under Subsection (c) according to available
statistical data indicating the estimated or actual total receipts
in this state from taxable sales of sporting goods. If satisfactory
data are not available, the comptroller may require taxpayers who
make taxable sales or uses of those lubricants, motor vehicle
tires, motor vehicle parts, or [of] sporting goods to report to the
comptroller as necessary to make the allocation required by
Subsection (b), (b-1), or (c).
SECTION 2. 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 3. 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 4. 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 5. Section 222.002, Transportation Code, is
repealed.
SECTION 6. This Act takes effect September 1, 2011.
SECTION 7. This Act takes effect only if the constitutional
amendment proposed by the 81st Legislature, Regular Session, 2009,
limiting the purposes for which revenue from taxes on motor fuels
and lubricants may be used and authorizing the legislature to
provide for automatic adjustments of the rates of motor fuels taxes
is approved by the voters. If that amendment is not approved by the
voters, this Act has no effect.