| 1 | 1 | | 83R21500 JAM-F |
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| 2 | 2 | | By: McClendon, Riddle, Geren, et al. H.B. No. 1878 |
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| 3 | 3 | | Substitute the following for H.B. No. 1878: |
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| 4 | 4 | | By: McClendon C.S.H.B. No. 1878 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the allocation of certain revenue to the Texas rail |
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| 10 | 10 | | relocation and improvement fund. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 386.251(c), Health and Safety Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (c) The fund consists of: |
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| 15 | 15 | | (1) the amount of money deposited to the credit of the |
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| 16 | 16 | | fund under: |
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| 17 | 17 | | (A) Section 386.056; |
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| 18 | 18 | | (B) Sections 151.0515 and 152.0215, Tax Code; and |
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| 19 | 19 | | (C) Sections [501.138,] 502.358[,] and 548.5055, |
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| 20 | 20 | | Transportation Code; and |
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| 21 | 21 | | (2) grant money recaptured under Section 386.111(d) |
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| 22 | 22 | | and Chapter 391. |
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| 23 | 23 | | SECTION 2. Section 501.138, Transportation Code, is amended |
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| 24 | 24 | | by amending Subsections (b-1) and (b-2) and adding Subsection (c-1) |
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| 25 | 25 | | to read as follows: |
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| 26 | 26 | | (b-1) Fees collected under Subsection (b) to be sent to the |
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| 27 | 27 | | comptroller shall be deposited to the credit of the Texas Mobility |
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| 28 | 28 | | Fund, except that $5 of each fee imposed under Subsection (a)(1) |
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| 29 | 29 | | [and deposited on or after September 1, 2008, and before September |
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| 30 | 30 | | 1, 2015,] shall be deposited to the credit of the Texas rail |
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| 31 | 31 | | relocation and improvement [emissions reduction plan] fund. |
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| 32 | 32 | | (b-2) The comptroller shall establish a record of the amount |
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| 33 | 33 | | of the fees deposited to the credit of the Texas Mobility Fund under |
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| 34 | 34 | | Subsection (b-1). On or before the fifth workday of each month, |
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| 35 | 35 | | the department shall remit to the comptroller for deposit to the |
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| 36 | 36 | | credit of the Texas rail relocation and improvement [emissions |
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| 37 | 37 | | reduction plan] fund an amount of money equal to the amount of the |
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| 38 | 38 | | fees deposited by the comptroller to the credit of the Texas |
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| 39 | 39 | | Mobility Fund under Subsection (b-1) in the preceding month. The |
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| 40 | 40 | | department shall use for remittance to the comptroller for deposit |
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| 41 | 41 | | to the credit of the Texas rail relocation and improvement fund as |
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| 42 | 42 | | required by this subsection money in the state highway fund that is |
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| 43 | 43 | | not required to be used for a purpose specified by Section 7-a, |
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| 44 | 44 | | Article VIII, Texas Constitution, and may not use for that |
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| 45 | 45 | | remittance money received by this state under the congestion |
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| 46 | 46 | | mitigation and air quality improvement program established under 23 |
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| 47 | 47 | | U.S.C. Section 149. |
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| 48 | 48 | | (c-1) Money deposited to the Texas rail relocation and |
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| 49 | 49 | | improvement fund under Subsections (b-1) and (b-2) may be used to |
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| 50 | 50 | | fund an infrastructure project to reduce air pollution and relieve |
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| 51 | 51 | | congestion through rail relocation or improvement, including an |
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| 52 | 52 | | infrastructure project described by Section 386.109(a)(4), Health |
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| 53 | 53 | | and Safety Code. |
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| 54 | 54 | | SECTION 3. Section 501.138(b-3), Transportation Code, is |
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| 55 | 55 | | repealed. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2013. |
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