83R21500 JAM-F
By: McClendon, Riddle, Geren, et al. H.B. No. 1878
Substitute the following for H.B. No. 1878:
By: McClendon C.S.H.B. No. 1878
A BILL TO BE ENTITLED
AN ACT
relating to the allocation of certain revenue to the Texas rail
relocation and improvement fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.251(c), Health and Safety Code, is
amended to read as follows:
(c) The fund consists of:
(1) the amount of money deposited to the credit of the
fund under:
(A) Section 386.056;
(B) Sections 151.0515 and 152.0215, Tax Code; and
(C) Sections [501.138,] 502.358[,] and 548.5055,
Transportation Code; and
(2) grant money recaptured under Section 386.111(d)
and Chapter 391.
SECTION 2. Section 501.138, Transportation Code, is amended
by amending Subsections (b-1) and (b-2) and adding Subsection (c-1)
to read as follows:
(b-1) Fees collected under Subsection (b) to be sent to the
comptroller shall be deposited to the credit of the Texas Mobility
Fund, except that $5 of each fee imposed under Subsection (a)(1)
[and deposited on or after September 1, 2008, and before September
1, 2015,] shall be deposited to the credit of the Texas rail
relocation and improvement [emissions reduction plan] fund.
(b-2) The comptroller shall establish a record of the amount
of the fees deposited to the credit of the Texas Mobility Fund under
Subsection (b-1). On or before the fifth workday of each month,
the department shall remit to the comptroller for deposit to the
credit of the Texas rail relocation and improvement [emissions
reduction plan] fund an amount of money equal to the amount of the
fees deposited by the comptroller to the credit of the Texas
Mobility Fund under Subsection (b-1) in the preceding month. The
department shall use for remittance to the comptroller for deposit
to the credit of the Texas rail relocation and improvement fund as
required by this subsection money in the state highway fund that is
not required to be used for a purpose specified by Section 7-a,
Article VIII, Texas Constitution, and may not use for that
remittance money received by this state under the congestion
mitigation and air quality improvement program established under 23
U.S.C. Section 149.
(c-1) Money deposited to the Texas rail relocation and
improvement fund under Subsections (b-1) and (b-2) may be used to
fund an infrastructure project to reduce air pollution and relieve
congestion through rail relocation or improvement, including an
infrastructure project described by Section 386.109(a)(4), Health
and Safety Code.
SECTION 3. Section 501.138(b-3), Transportation Code, is
repealed.
SECTION 4. This Act takes effect September 1, 2013.