83S20114 JXC-D By: Campbell S.B. No. 36 A BILL TO BE ENTITLED AN ACT relating to the use of money in the state highway fund. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 102.020(h), Code of Criminal Procedure, is amended to read as follows: (h) Except as provided by Subsection (h-1), the comptroller shall deposit [35 percent of] the funds received under this article in the state treasury to the credit of the [state highway fund and 65 percent of the funds received under this article to the credit of the] criminal justice planning account in the general revenue fund. SECTION 2. Section 411.0205(g), Government Code, is amended to read as follows: (g) Funds collected under this section shall be deposited in the state treasury to the credit of the general revenue [state highway] fund, and money deposited to the general revenue [state highway] fund under this section may be used only to defray the cost of administering this section or Subchapter G. SECTION 3. Section 411.145(c), Government Code, is amended to read as follows: (c) A fee collected under this section shall be deposited in the state treasury to the credit of the general revenue [state highway] fund, and money deposited to the general revenue [state highway] fund under this section and under Articles 42.12 and 102.020(h), Code of Criminal Procedure, may be used only to defray the cost of administering this subchapter and Section 411.0205. SECTION 4. Section 222.001, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) Money that is required to be used for public roadways by the Texas Constitution or federal law and that is deposited in the state treasury to the credit of the state highway fund, including money deposited to the credit of the state highway fund under Title 23, United States Code, may be used only: (1) to improve the state highway system; or (2) to mitigate adverse environmental effects that result directly from construction or maintenance of a state highway by the department[; or [(3) by the Department of Public Safety to police the state highway system and to administer state laws relating to traffic and safety on public roads]. (c) The legislature may not appropriate money from the state highway fund to an agency other than the commission, the department, or the Department of Motor Vehicles unless the appropriation is for constructing, maintaining, or acquiring rights-of-way for public roadways. SECTION 5. Section 501.100(e), Transportation Code, is amended to read as follows: (e) On or after the 31st day after the date the department receives a rebuilder fee under Subsection (d), the department shall deposit [$50 of] the fee to the credit of the [state highway fund to be used only by the Department of Public Safety to enforce this chapter and $15 to the credit of the] general revenue fund. SECTION 6. Section 502.357(b), Transportation Code, is amended to read as follows: (b) Fees collected under this section shall be deposited to the credit of the state highway fund. [Subject to appropriations, the money shall be used by the Department of Public Safety to: [(1) support the Department of Public Safety's reengineering of the driver's license system to provide for the issuance by the Department of Public Safety of a driver's license or personal identification certificate, to include use of image comparison technology; [(2) establish and maintain a system to support the driver responsibility program under Chapter 708; and [(3) make lease payments to the master lease purchase program for the financing of the driver's license reengineering project.] SECTION 7. Section 411.013(c), Government Code, is repealed. SECTION 8. Sections 502.357(c) and (d), Transportation Code, are repealed. SECTION 9. This Act takes effect September 1, 2015, but only if the constitutional amendment proposed by the 83rd Legislature, 2nd Called Session, 2013, prescribing the purposes for which revenues from motor vehicle registration fees, certain motor vehicle-related taxes, and certain revenues received from the federal government may be used is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.