82R12072 KJM-D
By: Ogden S.B. No. 1585
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters regarding business and economic
development.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES
GENERALLY
SECTION 1.01. This article applies to any state agency that
receives an appropriation under Article VII of the General
Appropriations Act.
SECTION 1.02. Notwithstanding any other statute of this
state, each state agency to which this article applies is
authorized to reduce or recover expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) adopting additional eligibility requirements for
persons who receive benefits under any law the agency administers
to ensure that those benefits are received by the most deserving
persons consistent with the purposes for which the benefits are
provided;
(5) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet; and
(6) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions.
ARTICLE 2. FISCAL MATTERS REGARDING TRANSPORTATION PROJECTS AND
ACTIVITIES
SECTION 2.01. Article 2.133, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) A report under Subsection (b) must also include the race
or ethnicity of each passenger in the motor vehicle, as stated by
the passenger or, if the passenger does not state the person's race
or ethnicity, as determined by the officer to the best of the
officer's ability.
SECTION 2.02. Section 201.601, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) The plan must include a component that evaluates future
federal funding opportunities for all modes of transportation and
identifies actions necessary to maximize the total amount of
federal funds received in the future for transportation
improvements in this state.
SECTION 2.03. Subchapter H, Chapter 201, Transportation
Code, is amended by adding Section 201.622 to read as follows:
Sec. 201.622. COOPERATION WITH LOCAL PLANNING ENTITIES TO
MAXIMIZE FEDERAL FUNDING FOR PROJECTS. The department shall work
and plan with local transportation planning entities to maximize
the amount of federal funding awarded for projects in this state by
identifying and pursuing projects that are eligible for federal
grant programs, including the scenic byways program.
SECTION 2.04. The heading to Chapter 645, Transportation
Code, is amended to read as follows:
CHAPTER 645. [SINGLE STATE] REGISTRATION FOR OPERATION IN MULTIPLE
STATES
SECTION 2.05. Chapter 645, Transportation Code, is amended
by adding Section 645.005 to read as follows:
Sec. 645.005. UNIFORM HAZARDOUS MATERIALS TRANSPORTATION.
The Texas Department of Motor Vehicles by rule shall establish,
implement, and administer the terms of the uniform program for
hazardous materials transportation registration and permitting
developed by the Alliance for Uniform Hazmat Transportation
Procedures under 49 U.S.C. Section 5119.
ARTICLE 3. FISCAL MATTERS REGARDING MOTOR FUEL TAX
SECTION 3.01. Section 162.204, Tax Code, is amended by
amending Subsection (a) and adding Subsection (g) to read as
follows:
(a) The tax imposed by this subchapter does not apply to:
(1) diesel fuel sold to the United States for its
exclusive use, provided that the exemption does not apply to diesel
fuel sold or delivered to a person operating under a contract with
the United States;
(2) diesel fuel sold to a public school district in
this state for the district's exclusive use;
(3) diesel fuel sold to a commercial transportation
company or a metropolitan rapid transit authority operating under
Chapter 451, Transportation Code, that provides public school
transportation services to a school district under Section 34.008,
Education Code, and that uses the diesel fuel only to provide those
services;
(4) diesel fuel exported by either a licensed supplier
or a licensed exporter from this state to any other state, provided
that:
(A) for diesel fuel in a situation described by
Subsection (d), the bill of lading indicates the destination state
and the supplier collects the destination state tax; or
(B) for diesel fuel in a situation described by
Subsection (e), the bill of lading indicates the destination state,
the diesel fuel is subsequently exported, and the exporter is
licensed in the destination state to pay that state's tax and has an
exporter's license issued under this subchapter;
(5) diesel fuel moved by truck or railcar between
licensed suppliers or licensed permissive suppliers and in which
the diesel fuel removed from the first terminal comes to rest in the
second terminal, provided that the removal from the second terminal
rack is subject to the tax imposed by this subchapter;
(6) diesel fuel delivered or sold into a storage
facility of a licensed aviation fuel dealer from which the diesel
fuel will be delivered solely into the fuel supply tanks of aircraft
or aircraft servicing equipment, or sold from one licensed aviation
fuel dealer to another licensed aviation fuel dealer who will
deliver the diesel fuel exclusively into the fuel supply tanks of
aircraft or aircraft servicing equipment;
(7) diesel fuel exported to a foreign country if the
bill of lading indicates the foreign destination and the fuel is
actually exported to the foreign country;
(8) dyed diesel fuel sold or delivered by a supplier to
another supplier and dyed diesel fuel sold or delivered by a
supplier or distributor into the bulk storage facility of a dyed
diesel fuel bonded user or to a purchaser who provides a signed
statement as provided by Section 162.206;
(9) the volume of water, fuel ethanol, renewable
diesel, biodiesel, or mixtures thereof that are blended together
with taxable diesel fuel when the finished product sold or used is
clearly identified on the retail pump, storage tank, and sales
invoice as a combination of diesel fuel and water, fuel ethanol,
renewable diesel, biodiesel, or mixtures thereof;
(10) dyed diesel fuel sold by a supplier or permissive
supplier to a distributor, or by a distributor to another
distributor;
(11) dyed diesel fuel delivered by a license holder
into the fuel supply tanks of [railway engines,] motorboats[,] or
refrigeration units or other stationary equipment powered by a
separate motor from a separate fuel supply tank;
(12) dyed kerosene when delivered by a supplier,
distributor, or importer into a storage facility at a retail
business from which all deliveries are exclusively for heating,
cooking, lighting, or similar nonhighway use;
(13) diesel fuel used by a person, other than a
political subdivision, who owns, controls, operates, or manages a
commercial motor vehicle as defined by Section 548.001,
Transportation Code, if the fuel:
(A) is delivered exclusively into the fuel supply
tank of the commercial motor vehicle; and
(B) is used exclusively to transport passengers
for compensation or hire between points in this state on a fixed
route or schedule; or
(14) diesel fuel sold to a volunteer fire department
in this state for the department's exclusive use.
(g) Notwithstanding any other provision of this chapter, a
person may not make a tax-free purchase of dyed diesel fuel for
delivery into the fuel supply tank of a railway engine. Sections
162.205(b), 162.206, 162.231, 162.233, and 162.403(32) do not apply
to a purchase described by this subsection.
SECTION 3.02. Section 162.227, Tax Code, is amended by
adding Subsection (i) to read as follows:
(i) A person who paid tax on diesel fuel delivered into the
fuel supply tank of a railway engine may claim a credit or seek a
refund with the comptroller if the person uses the diesel fuel to
operate the railway engine in another state.
SECTION 3.03. Section 162.504, Tax Code, is amended to read
as follows:
Sec. 162.504. ALLOCATION OF DIESEL FUEL TAX. (a) On or
before the fifth workday after the end of each month, the
comptroller, after making deductions for refund purposes, for the
administration and enforcement of this chapter, and for the amounts
allocated under Subsection (b) and Section 162.5025, shall allocate
the remainder of the taxes collected under Subchapter C as follows:
(1) one-fourth of the taxes shall be deposited to the
credit of the available school fund; and
(2) three-fourths of the taxes shall be deposited to
the credit of the state highway fund.
(b) On or before the fifth workday after the end of each
month, the comptroller, after making deductions for refund
purposes, shall allocate taxes collected under Subchapter C on dyed
or undyed diesel fuel delivered into the fuel tanks of railway
engines to the credit of the Texas rail relocation and improvement
fund.
ARTICLE 4. FISCAL MATTERS REGARDING PERMIT FEES
SECTION 4.01. Subchapter A, Chapter 623, Transportation
Code, is amended by adding Section 623.002 to read as follows:
Sec. 623.002. EVALUATION OF PERMIT FEES. (a) The
department shall evaluate highway use in this state by oversize or
overweight vehicles, calculate the cost of damage to highways in
this state caused by those vehicles, and determine whether:
(1) the fees charged for permits issued under this
chapter are adequate to offset the costs of damage to highways
caused by those vehicles and recommend any fee adjustments for the
permits to reflect the costs of damage to highways caused by those
vehicles; and
(2) vehicles currently exempt from permit
requirements under this chapter should be required to obtain a
permit to operate on roads or highways in this state.
(b) Not later than October 1 of each even-numbered year, the
department shall report its findings to:
(1) the Legislative Budget Board; and
(2) the governor.
SECTION 4.02. Section 623.077, Transportation Code, is
amended to read as follows:
Sec. 623.077. HIGHWAY MAINTENANCE FEE. (a) An applicant
for a permit under this subchapter, other than a permit under
Section 623.071(c)(3), must also pay a highway maintenance fee in
an amount determined according to vehicle weight and distance
traveled. [the following table:
[Vehicle Weight in Pounds Fee [Vehicle Weight in Pounds Fee
[Vehicle Weight in Pounds Fee
[80,001 to 120,000 $150 [80,001 to 120,000 $150
[80,001 to 120,000 $150
[120,001 to 160,000 $225 [120,001 to 160,000 $225
[120,001 to 160,000 $225
[160,001 to 200,000 $300 [160,001 to 200,000 $300
[160,001 to 200,000 $300
[200,001 and above $375] [200,001 and above $375]
[200,001 and above $375]
(b) The department shall adopt rules to implement this
section and establish a schedule of rates, based on miles traveled,
for all vehicle weight categories that provides for an increase in
the rates according to the weight of a vehicle.
(c) The department shall send each fee collected under
Subsection (a) to the comptroller for deposit to the credit of the
state highway fund.
SECTION 4.03. (a) The Texas Department of Transportation
shall adopt rules implementing Section 623.077, Transportation
Code, as amended by this article, not later than January 1, 2012.
(b) Section 623.077(a), Transportation Code, as amended by
this article, applies only to an application for a permit submitted
under Subchapter D, Chapter 623, Transportation Code, to the Texas
Department of Transportation on or after January 1, 2012. An
application for a permit submitted before January 1, 2012, is
governed by the law in effect on the date the application was
submitted, and that law is continued in effect for that purpose.
ARTICLE 5. FISCAL MATTERS REGARDING TEXAS DEPARTMENT OF RURAL
AFFAIRS
SECTION 5.01. The heading to Chapter 487, Government Code,
is amended to read as follows:
CHAPTER 487. OFFICE [TEXAS DEPARTMENT] OF RURAL
AFFAIRS IN DEPARTMENT OF AGRICULTURE
SECTION 5.02. Section 487.001, Government Code, is amended
to read as follows:
Sec. 487.001. DEFINITIONS. In this chapter:
(1) "Board" means the commissioner [board of the Texas
Department of Rural Affairs].
(2) "Commissioner" means the commissioner of
agriculture.
(3) "Department" means the office [Texas Department of
Rural Affairs].
(4) "Office" means the Office of Rural Affairs
established within the Department of Agriculture under Section
12.038, Agriculture Code.
SECTION 5.03. Subchapter A, Chapter 487, Government Code,
is amended by adding Section 487.003 to read as follows:
Sec. 487.003. REFERENCE IN LAW. (a) A reference in this
chapter or other law to the board of the Department of Rural Affairs
means the commissioner.
(b) A reference in law to the executive director of the
Department of Rural Affairs means the director of the Office of
Rural Affairs appointed under Section 12.038, Agriculture Code.
SECTION 5.04. Section 487.026, Government Code, is amended
to read as follows:
Sec. 487.026. [EXECUTIVE] DIRECTOR. (a) The [board may
hire an executive] director serves [to serve] as the chief
executive officer of the office [department] and performs [to
perform] the administrative duties of the office [department].
(b) [The executive director serves at the will of the board.
[(c)] The [executive] director may hire staff within
guidelines established by the commissioner [board].
SECTION 5.05. Section 487.051(a), Government Code, is
amended to read as follows:
(a) The office [department] shall:
(1) assist rural communities in the key areas of
economic development, community development, rural health, and
rural housing;
(2) serve as a clearinghouse for information and
resources on all state and federal programs affecting rural
communities;
(3) in consultation with rural community leaders,
locally elected officials, state elected and appointed officials,
academic and industry experts, and the interagency work group
created under this chapter, identify and prioritize policy issues
and concerns affecting rural communities in the state;
(4) make recommendations to the legislature to address
the concerns affecting rural communities identified under
Subdivision (3);
(5) monitor developments that have a substantial
effect on rural Texas communities, especially actions of state
government, and compile an annual report describing and evaluating
the condition of rural communities;
(6) administer the federal community development
block grant nonentitlement program;
(7) administer programs supporting rural health care
as provided by this chapter;
(8) perform research to determine the most beneficial
and cost-effective ways to improve the welfare of rural
communities;
(9) ensure that the office [department] qualifies as
the state's office of rural health for the purpose of receiving
grants from the Office of Rural Health Policy of the United States
Department of Health and Human Services under 42 U.S.C. Section
254r;
(10) manage the state's Medicare rural hospital
flexibility program under 42 U.S.C. Section 1395i-4;
(11) seek state and federal money available for
economic development in rural areas for programs under this
chapter;
(12) in conjunction with other offices and divisions
of the Department of Agriculture, regularly cross-train office
[department] employees with other employees of the Department of
Agriculture regarding the programs administered and services
provided [by each agency] to rural communities; and
(13) work with interested persons to assist volunteer
fire departments and emergency services districts in rural areas.
SECTION 5.06. Section 487.0541(c), Government Code, is
amended to read as follows:
(c) The work group shall meet at the call of the [executive]
director of the office [department].
SECTION 5.07. Section 487.351(d), Government Code, is
amended to read as follows:
(d) An applicant for a grant, loan, or award under a
community development block grant program may appeal a decision of
the [executive] director by filing an appeal with the commissioner
[board]. The commissioner [board] shall hold a hearing on the
appeal and render a decision.
SECTION 5.08. Section 535.051(b), Government Code, is
amended to read as follows:
(b) The chief administrative officer of each of the
following state agencies, in consultation with the governor, shall
designate one employee from the agency to serve as a liaison for
faith- and community-based organizations:
(1) the Office of Rural [Community] Affairs within the
Department of Agriculture;
(2) the Texas Commission on Environmental Quality;
(3) the Texas Department of Criminal Justice;
(4) the Texas Department of Housing and Community
Affairs;
(5) the Texas Education Agency;
(6) the Texas Juvenile Probation Commission;
(7) the Texas Veterans Commission;
(8) the Texas Workforce Commission;
(9) the Texas Youth Commission; and
(10) other state agencies as determined by the
governor.
SECTION 5.09. Section 2306.1092(b), Government Code, is
amended to read as follows:
(b) The council is composed of 16 members consisting of:
(1) the director;
(2) one representative from each of the following
agencies, appointed by the head of that agency:
(A) the Office of Rural [Community] Affairs
within the Department of Agriculture;
(B) the Texas State Affordable Housing
Corporation;
(C) the Health and Human Services Commission;
(D) the Department of Assistive and
Rehabilitative Services;
(E) the Department of Aging and Disability
Services; and
(F) the Department of State Health Services;
(3) one representative from the Department of
Agriculture who is:
(A) knowledgeable about the Texans Feeding
Texans and Retire in Texas programs or similar programs; and
(B) appointed by the head of that agency;
(4) one member who is:
(A) a member of the Health and Human Services
Commission Promoting Independence Advisory Committee; and
(B) appointed by the governor; and
(5) one representative from each of the following
interest groups, appointed by the governor:
(A) financial institutions;
(B) multifamily housing developers;
(C) health services entities;
(D) nonprofit organizations that advocate for
affordable housing and consumer-directed long-term services and
support;
(E) consumers of service-enriched housing;
(F) advocates for minority issues; and
(G) rural communities.
SECTION 5.10. Sections 487.002, 487.021, 487.022, 487.023,
487.024, 487.025, 487.028, 487.029, 487.051(b), 487.058, and
487.352, Government Code, are repealed.
SECTION 5.11. (a) The Texas Department of Rural Affairs is
abolished as an independent agency and transferred as a program to
the Office of Rural Affairs in the Department of Agriculture. The
board of the Texas Department of Rural Affairs is abolished.
(b) The validity of an action taken by the Texas Department
of Rural Affairs or its board before either is abolished under
Subsection (a) of this section is not affected by the abolishment.
SECTION 5.12. On September 1, 2011:
(1) the position of executive director of the Texas
Department of Rural Affairs is abolished, except that the director
of the Office of Rural Affairs in the Department of Agriculture may
hire the executive director for a position in the office;
(2) an employee of the Texas Department of Rural
Affairs becomes an employee of the Office of Rural Affairs in the
Department of Agriculture;
(3) a reference in law to the Texas Department of Rural
Affairs means the Office of Rural Affairs in the Department of
Agriculture;
(4) all money, contracts, leases, rights, and
obligations of the Texas Department of Rural Affairs are
transferred to the Office of Rural Affairs in the Department of
Agriculture;
(5) all property, including records, in the custody of
the Texas Department of Rural Affairs becomes the property of the
Office of Rural Affairs in the Department of Agriculture; and
(6) all funds appropriated by the legislature to the
Texas Department of Rural Affairs are transferred to the Office of
Rural Affairs in the Department of Agriculture.
SECTION 5.13. A function or activity performed by the Texas
Department of Rural Affairs is transferred to the Office of Rural
Affairs in the Department of Agriculture as provided by this
article.
SECTION 5.14. The Texas Department of Rural Affairs and the
Department of Agriculture shall establish a transition plan for the
transfer described in Sections 5.11 and 5.12 of this article.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. This Act takes effect September 1, 2011.
[Vehicle Weight in Pounds Fee
[80,001 to 120,000 $150
[120,001 to 160,000 $225
[160,001 to 200,000 $300
[200,001 and above $375]