By: Uresti S.R. No. 1093
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 83rd
Legislature, Regular Session, 2013, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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) Senate Rule 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(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 SECTION 7 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.
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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 26, 2013, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate