83R7300 MTB-F
By: Zaffirini S.B. No. 1778
A BILL TO BE ENTITLED
AN ACT
relating to funding for certain county transportation
infrastructure projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 6, Transportation Code, is
amended by adding Chapter 473 to read as follows:
CHAPTER 473. STATE AND COUNTY TRANSPORTATION INFRASTRUCTURE
Sec. 473.001. DEFINITIONS. In this chapter:
(1) "Fund" means the transportation infrastructure
fund established under this chapter.
(2) "Transportation infrastructure plan" means a
comprehensive road construction, maintenance, and improvement plan
prepared by a county that includes transportation infrastructure
projects to be funded by grants under this chapter.
(3) "Transportation infrastructure project" means the
construction, reconstruction, or maintenance of transportation
infrastructure intended to alleviate degradation caused by the
exploration, development, or production of oil or gas.
Sec. 473.002. TRANSPORTATION INFRASTRUCTURE FUND. (a) The
transportation infrastructure fund is a dedicated account in the
general revenue fund. The fund consists of money transferred to the
credit of the fund under Subsections (b) and (c) and any interest or
other return from investment of money in the fund.
(b) If in the preceding fiscal year the state received from
oil production taxes a net amount greater than the net amount of oil
production taxes received by the state in the fiscal year ending
August 31, 1987, the comptroller shall transfer to the fund an
amount equal to 25 percent of the difference between those amounts.
(c) If in the preceding fiscal year the state received from
gas production taxes a net amount greater than the net amount of gas
production taxes received by the state in the fiscal year ending
August 31, 1987, the comptroller shall transfer to the fund an
amount equal to 25 percent of the difference between those amounts.
(d) The comptroller shall transfer the amounts described by
Subsections (b) and (c) not later than the 90th day after the date
of the end of a fiscal year for which a transfer is required under
those subsections.
(e) Money in the fund may only be appropriated to the
comptroller for the purposes of this chapter.
(f) Sections 403.095 and 404.071, Government Code, do not
apply to the fund.
Sec. 473.003. GRANT PROGRAM. (a) The comptroller shall
establish and administer a program to make grants from the fund to
counties for transportation infrastructure projects. A county
shall deposit proceeds from a grant received under the program in
the county's road and bridge fund.
(b) The amount of a grant provided to a county under the
program in a given fiscal year must be in proportion to the number
of oil and gas well completions in the county during the preceding
three calendar years compared to the total number of oil and gas
well completions in the state during the preceding three calendar
years as certified by the Railroad Commission of Texas.
(c) In applying for a grant under this section, a county
shall:
(1) submit a transportation infrastructure plan,
including a budget for the plan;
(2) obtain approval of the transportation
infrastructure plan by the commission;
(3) describe the scope of the transportation
infrastructure projects to be funded by grants under this chapter,
including projects involving state highways maintained by the
department and roads maintained by the county; and
(4) state the amount of funding that the county will
provide for the transportation infrastructure projects.
(d) A transportation infrastructure plan submitted under
this section:
(1) must demonstrate that existing department and
county resources will be used to the extent possible; and
(2) may be amended, including by adding or removing
transportation infrastructure projects from the plan, with the
approval of the commission.
(e) A county that makes a second or subsequent application
for a grant under this chapter must:
(1) provide a copy of its annual audit; and
(2) certify that all previous grants are being spent
in accordance with the approved transportation infrastructure
plan.
SECTION 2. This Act takes effect September 1, 2013.