83S20545 CJC-D
By: Lavender H.B. No. 62
A BILL TO BE ENTITLED
AN ACT
relating to providing funding for certain transportation projects,
including port-related transportation projects; making
appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 152, Tax Code, is amended
by adding Section 152.1223 to read as follows:
Sec. 152.1223. ALLOCATION OF CERTAIN TAX REVENUE TO STATE
HIGHWAY FUND. (a) Notwithstanding Section 152.122, in each state
fiscal year beginning on or after September 1, 2015, the
comptroller shall deposit to the credit of the state highway fund an
amount of money that is equal to 33-1/3 percent of the money that:
(1) is received under Sections 152.043, 152.045,
152.047, and 152.121 and is remaining after the comptroller makes
the allocation required by Section 152.1222; and
(2) exceeds the first $3 billion of money described by
Subdivision (1) that is received in that fiscal year.
(b) Money deposited to the credit of the state highway fund
under this section may be appropriated only:
(1) for a purpose authorized by Section 7-a, Article
VIII, Texas Constitution;
(2) to repay the principal and interest on general
obligation bonds issued as authorized by Section 49-p, Article III,
Texas Constitution; or
(3) to pay for a function performed by or under the
supervision of the Texas Department of Transportation.
SECTION 2. Section 55.002, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) The commission may use money from the Texas mobility
fund to provide funding, including through a loan, for a port
security project, a port transportation project, or a project
eligible for funding under Subsection (c).
SECTION 3. (a) In this section, "biennial state taxes and
fees general revenue estimate" means the amount of revenue stated
in the comptroller's estimate provided in advance of the regular
legislative session as required by Section 49a, Article III, Texas
Constitution, that, based on the laws in effect at the time the
estimate is made, is anticipated to be received by and for the state
from collections of taxes and fees the revenue from which is
anticipated to be deposited to the credit of the general revenue
fund and is not set aside by law for a particular purpose or entity.
(b) On the 91st day of the state fiscal biennium beginning
September 1, 2013, an amount of money determined as provided by this
subsection is appropriated from the general revenue fund to the
Texas Department of Transportation for the two-year period
beginning on the effective date of this Act for the purposes of
constructing, maintaining, and acquiring rights-of-way for public
roadways other than toll roads. The amount of money appropriated
under this subsection is the amount by which revenue received by
this state during the state fiscal biennium ending August 31, 2013,
from collections of taxes and fees that is anticipated to be
deposited to the credit of the general revenue fund and is not set
aside for a particular purpose or entity exceeds the estimated
amount of that revenue for that fiscal biennium as contained in the
biennial state taxes and fees general revenue estimate for the
state fiscal biennium ending August 31, 2013. The amount of money
appropriated to the Texas Department of Transportation under this
subsection may not exceed an amount that, when added to all other
appropriations of state tax revenues not dedicated by the
constitution made for the state fiscal biennium ending August 31,
2013, would exceed the maximum permissible amount of appropriations
of those revenues for that biennium, as provided by Section 22,
Article VIII, Texas Constitution.
(c) On the 91st day of the state fiscal biennium beginning
September 1, 2015, the comptroller of public accounts shall deposit
an amount of money determined as provided by this subsection to the
credit of the state highway fund. The amount of money deposited
under this subsection is the amount by which revenue received by
this state during the state fiscal biennium ending August 31, 2015,
from collections of taxes and fees that is anticipated to be
deposited to the credit of the general revenue fund and is not set
aside for a particular purpose or entity exceeds the estimated
amount of that revenue for that fiscal biennium as contained in the
biennial state taxes and fees general revenue estimate for the
state fiscal biennium ending August 31, 2015. The amount of money
deposited to the credit of the state highway fund under this
subsection may not exceed $2,000,000,000.
(d) This section expires January 1, 2016.
SECTION 4. This Act takes effect on the 91st day after the
last day of the legislative session.