83R31803 MTB-D
By: Keffer H.R. No. 3025
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 83rd Legislature, Regular Session, 2013, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on Senate Bill 1747 (funding and donations
for transportation projects, including projects of county energy
transportation reinvestment zones) to consider and take action on
the following matters:
(1) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change, alter, or amend text not in disagreement in
proposed SECTION 1 of the bill, in added Section 256.104(a)(1),
Transportation Code, to read as follows:
(1) provide the road condition report described by
Section 251.018 made by the county for the previous year; and
Explanation: The change is necessary to require counties
applying for grants under Subchapter C, Chapter 256, Transportation
Code, to submit only the county's road condition report for the
previous year.
(2) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change, alter, or amend text not in disagreement in
proposed SECTION 1 of the bill, in added Section 256.105,
Transportation Code, to read as follows:
Sec. 256.105. MATCHING FUNDS. (a) Except as provided by
Subsection (b), to be eligible to receive a grant under the program,
matching funds must be provided, from any source, in an amount equal
to at least 20 percent of the amount of the grant.
(b) A county that the department determines to be
economically disadvantaged must provide matching funds in an amount
equal to at least 10 percent of the amount of the grant.
(c) County funds spent for road and bridge purposes under
the county budget must be credited as matching funds under this
section.
Explanation: The change is necessary to require counties
applying for grants under Subchapter C, Chapter 256, Transportation
Code, to provide matching funds in certain amounts.
(3) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change, alter, or amend text not in disagreement in
proposed SECTION 1 of the bill, in added Section 256.106(a)(1),
Transportation Code, to read as follows:
(1) provide the department with a copy of a report
filed under Section 251.018;
Explanation: The change is necessary to require a county
making a second or subsequent grant application under Subchapter C,
Chapter 256, Transportation Code, to provide a report under Section
251.018, Transportation Code.
(4) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change, alter, or amend text not in disagreement in
proposed SECTION 2 of the bill, in added Section 222.1071(b),
Transportation Code, to read as follows:
(b) A county, after determining that an area is affected
because of oil and gas exploration and production activities and
would benefit from funding under Chapter 256, by order or
resolution of the commissioners court:
(1) may designate a contiguous geographic area in the
jurisdiction of the county to be a county energy transportation
reinvestment zone to promote one or more transportation
infrastructure projects, as that term is defined by Section
256.101, located in the zone; and
(2) may jointly administer a county energy
transportation reinvestment zone with a contiguous county energy
transportation reinvestment zone formed by another county.
Explanation: The change is necessary to provide that counties
must determine that an area is affected because of oil and gas
exploration before designating a county energy transportation
reinvestment zone.
(5) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter which is not included in
either the house or senate version of the bill by adding the
following text to SECTION 2 of the bill, in added Section
222.1071(i), Transportation Code:
(5) pledge money in the tax increment account to a road
utility district formed as provided by Subsection (n).
Explanation: This addition is necessary to authorize a county
to pledge money in the tax increment account to a road utility
district.
(6) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter which is not included in
either the house or senate version of the bill by adding the
following text to SECTION 2 of the bill, in added Section 222.1071,
Transportation Code:
(n) In the alternative, to assist the county in developing a
transportation infrastructure project, if authorized by the
commission under Chapter 441, a road utility district may be formed
under that chapter that has the same boundaries as a county energy
transportation reinvestment zone created under this section. The
road utility district may issue bonds to pay all or part of the cost
of a transportation infrastructure project and may pledge and
assign all or a specified amount of money in the tax increment
account to secure those bonds if the county:
(1) collects a tax increment; and
(2) pledges all or a specified amount of the tax
increment to the road utility district.
(o) A road utility district formed as provided by Subsection
(n) may enter into an agreement to fund development of a
transportation infrastructure project or to repay funds owed to the
department. Any amount paid for this purpose is considered to be
an operating expense of the district. Any taxes collected by the
district that are not paid for this purpose may be used for any
district purpose.
Explanation: This addition is necessary to authorize the
formation of a road utility district to assist a county in
developing a transportation infrastructure project.
(7) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter which is not included in
either the house or senate version of the bill by adding the
following text as SECTIONS 7 and 8 of the bill:
SECTION 7. The amendment adding Sections 222.1071 and
222.1072 to Subchapter E, Chapter 222, Transportation Code, made by
this Act prevails over the amendment adding those sections to
Subchapter E, Chapter 222, Transportation Code, made by Section 1,
H.B. 2300, 83rd Legislature, Regular Session, 2013, and the
amendment made by Section 1, H.B. 2300, 83rd Legislature, Regular
Session, 2013, has no effect.
SECTION 8. Irrespective of the dates of enactment of this
Act and H.B. 1025, 83rd Legislature, Regular Session, 2013, and
otherwise consistent with the provisions of H.B. 1025, of the
amount appropriated from the general revenue fund to the Texas
Department of Transportation by H.B. 1025 for road repairs in
energy sectors, the department shall transfer $225,000,000 from the
state highway fund to the transportation infrastructure fund
established by Section 256.102, Transportation Code, as added by
this Act, and that transferred amount is appropriated to the
department from the transportation infrastructure fund for the
two-year period beginning on the effective date of this Act for the
purposes of implementing Subchapter C, Chapter 256, Transportation
Code.
Explanation: This addition is necessary to provide that the
amendment adding Sections 222.1071 and 222.1072, Transportation
Code, prevails over other amendments made by the 83rd Legislature
adding those sections and to provide an appropriation for the
purposes of implementing Subchapter C, Chapter 256, Transportation
Code.