By: Uresti S.B. No. 1875
(In the Senate - Filed March 13, 2015; March 25, 2015, read
first time and referred to Committee on Transportation;
April 30, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 30, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1875 By: Hancock
A BILL TO BE ENTITLED
AN ACT
relating to funding to counties for transportation infrastructure
projects located in areas of the state affected by increased oil and
gas production.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 222.1071(b), (f), (i), and (m),
Transportation Code, are amended 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 county [zone]; and
(2) may jointly administer a county energy
transportation reinvestment zone with a contiguous county energy
transportation reinvestment zone formed by another county.
(f) The order or resolution designating an area as a county
energy transportation reinvestment zone must:
(1) describe the boundaries of the zone with
sufficient definiteness to identify with ordinary and reasonable
certainty the territory included in the zone;
(2) provide that the zone takes effect immediately on
adoption of the order or resolution designating an area and that the
base year shall be the year of passage of the order or resolution
designating an area or some year in the future;
(3) establish an ad valorem tax increment account for
the zone or provide for the establishment of a joint ad valorem tax
increment account, if applicable; and
(4) if two or more counties are designating a zone for
the same transportation infrastructure project or projects,
include a finding that:
(A) the project or projects will benefit the
property and residents located in the counties [zone];
(B) the creation of the zone will serve a public
purpose of the county; and
(C) details the transportation infrastructure
projects for which each county is responsible.
(i) The county may:
(1) use money in the tax increment account to provide:
(A) matching funds under Section 256.105; and
(B) funding for one or more transportation
infrastructure projects located in the county [zone];
(2) apply for grants under Subchapter C, Chapter 256[,
subject to Section 222.1072];
(3) use one [five] percent of any grant distributed to
the county under Subchapter C, Chapter 256, for the administration
of a county energy transportation reinvestment zone, not to exceed
$100,000 [$250,000];
(4) enter into an agreement to provide for the joint
administration of county energy transportation reinvestment zones
if the commissioners court of the county has designated a county
energy transportation reinvestment zone under this section for the
same transportation infrastructure project or projects as another
county commissioners court; and
(5) pledge money in the tax increment account to a road
utility district formed as provided by Subsection (n).
(m) The commissioners court of a county may enter into an
agreement with the department to designate a county energy
transportation reinvestment zone under this section for a specified
transportation infrastructure project involving a state highway
located in the county [proposed zone].
SECTION 2. Sections 222.1072(a) and (b), Transportation
Code, are amended to read as follows:
(a) A county may create [is eligible to apply for a grant
under Subchapter C, Chapter 256, if the county creates] an advisory
board to advise the county on the establishment, administration,
and expenditures of a county energy transportation reinvestment
zone. The county commissioners court shall determine the terms and
duties of the advisory board members.
(b) Except as provided by Subsection (c), the advisory board
of a county energy transportation reinvestment zone consists of the
following members appointed by the county judge and approved by the
county commissioners court:
(1) up to three oil and gas company representatives
who perform a company activity or related service [activities in
the county and are local taxpayers]; and
(2) two public members.
SECTION 3. Section 251.018, Transportation Code, as added
by Chapter 1372 (S.B. 1747), Acts of the 83rd Legislature, Regular
Session, 2013, is amended to read as follows:
Sec. 251.018. ROAD REPORTS. A road condition report made by
a county that is operating under a system of administering county
roads under Chapter 252 or a special law, including a report made
under Section 251.005, must include the primary cause of any road,
culvert, or bridge degradation if reasonably ascertained along with
a brief description of the degradation.
SECTION 4. Sections 256.101(3) and (4), Transportation
Code, are amended to read as follows:
(3) "Weight tolerance permit" means a permit issued
under Section 623.011 for [Chapter 623 authorizing] a vehicle
operating specifically in relation to the exploration,
development, or production of oil or gas [to exceed maximum legal
weight limitations].
(4) "Well completion" means the completion, reentry,
or recompletion of a vertical or horizontal [an] oil or gas well.
SECTION 5. Section 256.103(b), Transportation Code, is
amended to read as follows:
(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) 10 [50] percent according to vertical well
completions, determined by the ratio of vertical well completions
in the preceding fiscal year in the county that designated a county
energy transportation reinvestment zone to the total number of
vertical well completions in the state in that fiscal year, as
determined by the Railroad Commission of Texas; [and]
(4) 40 percent according to horizontal well
completions, determined by the ratio of horizontal well completions
in the preceding fiscal year in the county that designated a county
energy transportation reinvestment zone to the total number of
horizontal well completions in the state in that fiscal year, as
determined by the Railroad Commission of Texas; and
(5) 10 percent according to the total number [volume]
of oil and gas waste disposal wells as defined by the Railroad
Commission of Texas [injected], determined by the ratio of the
total number [volume] of oil and gas waste disposal wells
[injected] in the last full [preceding fiscal] year for which the
Railroad Commission of Texas has a report for commercial disposal
wells in the county that designated a county energy transportation
reinvestment zone to the total number [volume] of oil and gas waste
disposal wells [injected] in the state in that [fiscal] year, as
determined by the Railroad Commission of Texas.
SECTION 6. Section 256.106, Transportation Code, is amended
to read as follows:
Sec. 256.106. PROGRAM ADMINISTRATION. (a) A county that
makes a second or subsequent application for a grant from the
department under this subchapter must:
(1) provide the department with a copy of a report
filed under Section 251.018;
(2) certify that all previous grants are being spent
in accordance with the plan submitted under Section 256.104; [and]
(3) provide an update on and brief description of the
status of all uncompleted transportation infrastructure projects;
and
(4) provide an accounting of how previous grants were
spent, including any amounts spent on administrative costs.
(b) The department may use [one-half of] one percent of the
amount deposited into the fund in the preceding fiscal year, not to
exceed $500,000 in a state fiscal biennium, to administer this
subchapter.
SECTION 7. This Act takes effect September 1, 2015.
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