84R9738 MTB-D By: Martinez H.B. No. 2866 A BILL TO BE ENTITLED AN ACT relating to eligibility for and allocation of grants from the transportation infrastructure fund. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 256.101(2), Transportation Code, is amended to read as follows: (2) "Transportation infrastructure project" means the planning for, construction of, reconstruction of, or maintenance of transportation infrastructure, including roads, bridges, and culverts[, intended to alleviate degradation caused by the exploration, development, or production of oil or gas]. The term includes the lease or rental of equipment used for road maintenance. SECTION 2. Section 256.103, Transportation Code, is amended to read as follows: Sec. 256.103. GRANT PROGRAM. (a) The department shall develop policies and procedures to administer a grant program under this subchapter to make grants to counties for transportation infrastructure projects [located in areas of the state affected by increased oil and gas production]. The department may adopt rules to implement this subchapter. (b) Grants distributed during a fiscal year must be allocated among counties as follows: (1) 20 percent according to weight tolerance permits, determined by the ratio of weight tolerance permits issued in the preceding fiscal year for the county that designated a county energy transportation reinvestment zone to the total number of weight tolerance permits issued in the state in that fiscal year, as determined by the Texas Department of Motor Vehicles; (2) 20 percent according to oil and gas production taxes, determined by the ratio of oil and gas production taxes collected by the comptroller in the preceding fiscal year in the county that designated a county energy transportation reinvestment zone to the total amount of oil and gas production taxes collected in the state in that fiscal year, as determined by the comptroller; (3) 40 [50] percent according to well completions, determined by the ratio of well completions in the preceding fiscal year in the county that designated a county energy transportation reinvestment zone to the total number of well completions in the state in that fiscal year, as determined by the Railroad Commission of Texas; [and] (4) 10 percent according to the volume of oil and gas waste injected, determined by the ratio of the volume of oil and gas waste injected in the preceding fiscal year in the county that designated a county energy transportation reinvestment zone to the total volume of oil and gas waste injected in the state in that fiscal year, as determined by the Railroad Commission of Texas; and (5) 10 percent according to international bridge crossings, determined by the ratio of international bridge crossings in the preceding fiscal year in the county to the total number of international bridge crossings in the state in that fiscal year. SECTION 3. Section 256.104(a), Transportation Code, is amended to read as follows: (a) In applying for a grant under this subchapter, the county shall: (1) provide the road condition report described by Section 251.018 made by the county for the previous year; and (2) submit to the department: (A) if applicable, a copy of the order or resolution establishing a county energy transportation reinvestment zone in the county, except that the department may waive the submission until the time the grant is awarded; and (B) a plan that: (i) provides a list of transportation infrastructure projects to be funded by the grant; (ii) describes the scope of the transportation infrastructure project or projects to be funded by the grant using best practices for prioritizing the projects; (iii) provides for matching funds as required by Section 256.105; and (iv) meets any other requirements imposed by the department. SECTION 4. This Act takes effect September 1, 2015.