By: Harper-Brown H.B. No. 3
A BILL TO BE ENTITLED
AN ACT
relating to the provision and use of revenue for transportation;
making an appropriation.
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 $3.6 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; or
(2) to pay for a function performed by or under the
supervision of the Texas Department of Transportation, excluding
toll roads.
SECTION 2. (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,
including probable changes to that anticipated revenue as shown in
supplemental statements submitted in accordance with Section 49a,
Article III, Texas Constitution.
(b) The comptroller of public accounts shall deposit to the
credit of the state highway fund an amount of money equal to the
amount by which the revenue derived from state taxes and fees that
is received by the comptroller in the state fiscal biennium ending
August 31, 2015, exceeds the estimate of revenue contained in the
biennial state taxes and fees general revenue estimate for that
biennium. The amount of money deposited to the credit of the state
highway fund under this section may not exceed $2,000,000,000.
(c) This section expires September 1, 2015.
SECTION 3. (a) A joint committee shall conduct a study to
evaluate and make recommendations regarding the issues described by
Subsection (d) of this section.
(b) The committee is composed of eight members appointed as
follows:
(1) four members of the senate appointed by the
lieutenant governor; and
(2) four members of the house of representatives
appointed by the speaker of the house of representatives.
(c) The speaker of the house of representatives and the
lieutenant governor jointly shall designate a chair or,
alternatively, designate two co-chairs from among the committee
membership.
(d) The committee shall:
(1) consider whether the continued use of oil and gas
production tax amounts received by this state in the fiscal year
ending August 31, 1987, to determine certain amounts to be
transferred to the economic stabilization fund under Sections
49-g(d) and (e), Article III, Texas Constitution, is appropriate,
or whether different figures should be used when calculating
amounts to be transferred to the fund;
(2) consider whether the current percentage
allocations of certain oil and gas production tax revenue under
Sections 49-g(d) and (e), Article III, Texas Constitution, are
appropriate, or whether changes should be made to those
allocations;
(3) consider whether the manner in which the
limitation on the balance of the economic stabilization fund under
Section 49-g(g), Article III, Texas Constitution, is currently
prescribed is appropriate, or whether changes should be made to the
way that limitation is prescribed; and
(4) examine whether the constitutional provisions
relating to the permissible uses of money in the economic
stabilization fund and the vote requirements necessary to
appropriate money from the fund for those uses are appropriate and
whether changes should be made to either the permissible uses of
money in the fund or the vote requirement to appropriate money from
the fund.
(e) The committee may adopt rules necessary to carry out the
committee's duties under this section.
(f) Except as otherwise specifically provided by this
section, the committee may operate in the same manner as a joint
committee of the 83rd Legislature.
(g) Not later than November 1, 2014, the committee shall
report to the governor and the legislature the recommendations
developed by the committee under this section.
(h) This section expires January 1, 2015.
SECTION 4. The changes in law made by this Act do not affect
tax liability accruing before the effective date of this Act. That
liability continues in effect as if this Act had not been enacted,
and the former law is continued in effect for the collection and
allocation of the revenue from those taxes.
SECTION 5. This Act takes effect on the 91st day after the
last day of the legislative session.