Texas 2015 - 84th Regular

Texas Senate Bill SB1875 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Uresti S.B. No. 1875
2		-	(In the Senate - Filed March 13, 2015; March 25, 2015, read
3		-	first time and referred to Committee on Transportation;
4		-	April 30, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 30, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1875 By: Hancock
	1	+	By: Uresti, Zaffirini S.B. No. 1875
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to funding to counties for transportation infrastructure
14	7		projects located in areas of the state affected by increased oil and
15	8		gas production.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Sections 222.1071(b), (f), (i), and (m),
18	11		Transportation Code, are amended to read as follows:
19	12		(b) A county, after determining that an area is affected
20	13		because of oil and gas exploration and production activities and
21	14		would benefit from funding under Chapter 256, by order or
22	15		resolution of the commissioners court:
23	16		(1) may designate a contiguous geographic area in the
24	17		jurisdiction of the county to be a county energy transportation
25	18		reinvestment zone to promote one or more transportation
26	19		infrastructure projects, as that term is defined by Section
27	20		256.101, located in the county [zone]; and
28	21		(2) may jointly administer a county energy
29	22		transportation reinvestment zone with a contiguous county energy
30	23		transportation reinvestment zone formed by another county.
31	24		(f) The order or resolution designating an area as a county
32	25		energy transportation reinvestment zone must:
33	26		(1) describe the boundaries of the zone with
34	27		sufficient definiteness to identify with ordinary and reasonable
35	28		certainty the territory included in the zone;
36	29		(2) provide that the zone takes effect immediately on
37	30		adoption of the order or resolution designating an area and that the
38	31		base year shall be the year of passage of the order or resolution
39	32		designating an area or some year in the future;
40	33		(3) establish an ad valorem tax increment account for
41	34		the zone or provide for the establishment of a joint ad valorem tax
42	35		increment account, if applicable; and
43	36		(4) if two or more counties are designating a zone for
44	37		the same transportation infrastructure project or projects,
45	38		include a finding that:
46	39		(A) the project or projects will benefit the
47	40		property and residents located in the counties [zone];
48	41		(B) the creation of the zone will serve a public
49	42		purpose of the county; and
50	43		(C) details the transportation infrastructure
51	44		projects for which each county is responsible.
52	45		(i) The county may:
53	46		(1) use money in the tax increment account to provide:
54	47		(A) matching funds under Section 256.105; and
55	48		(B) funding for one or more transportation
56	49		infrastructure projects located in the county [zone];
57	50		(2) apply for grants under Subchapter C, Chapter 256[,
58	51		subject to Section 222.1072];
59	52		(3) use one [five] percent of any grant distributed to
60	53		the county under Subchapter C, Chapter 256, for the administration
61	54		of a county energy transportation reinvestment zone, not to exceed
62	55		$100,000 [$250,000];
63	56		(4) enter into an agreement to provide for the joint
64	57		administration of county energy transportation reinvestment zones
65	58		if the commissioners court of the county has designated a county
66	59		energy transportation reinvestment zone under this section for the
67	60		same transportation infrastructure project or projects as another
68	61		county commissioners court; and
69	62		(5) pledge money in the tax increment account to a road
70	63		utility district formed as provided by Subsection (n).
71	64		(m) The commissioners court of a county may enter into an
72	65		agreement with the department to designate a county energy
73	66		transportation reinvestment zone under this section for a specified
74	67		transportation infrastructure project involving a state highway
75	68		located in the county [proposed zone].
76	69		SECTION 2. Sections 222.1072(a) and (b), Transportation
77	70		Code, are amended to read as follows:
78	71		(a) A county may create [is eligible to apply for a grant
79	72		under Subchapter C, Chapter 256, if the county creates] an advisory
80	73		board to advise the county on the establishment, administration,
81	74		and expenditures of a county energy transportation reinvestment
82	75		zone. The county commissioners court shall determine the terms and
83	76		duties of the advisory board members.
84	77		(b) Except as provided by Subsection (c), the advisory board
85	78		of a county energy transportation reinvestment zone consists of the
86	79		following members appointed by the county judge and approved by the
87	80		county commissioners court:
88	81		(1) up to three oil and gas company representatives
89	82		who perform a company activity or related service [activities in
90	83		the county and are local taxpayers]; and
91	84		(2) two public members.
92	85		SECTION 3. Section 251.018, Transportation Code, as added
93	86		by Chapter 1372 (S.B. 1747), Acts of the 83rd Legislature, Regular
94	87		Session, 2013, is amended to read as follows:
95	88		Sec. 251.018. ROAD REPORTS. A road condition report made by
96	89		a county that is operating under a system of administering county
97	90		roads under Chapter 252 or a special law, including a report made
98	91		under Section 251.005, must include the primary cause of any road,
99	92		culvert, or bridge degradation if reasonably ascertained along with
100	93		a brief description of the degradation.
101	94		SECTION 4. Sections 256.101(3) and (4), Transportation
102	95		Code, are amended to read as follows:
103	96		(3) "Weight tolerance permit" means a permit issued
104	97		under Section 623.011 for [Chapter 623 authorizing] a vehicle
105	98		operating specifically in relation to the exploration,
106	99		development, or production of oil or gas [to exceed maximum legal
107	100		weight limitations].
108	101		(4) "Well completion" means the completion, reentry,
109	102		or recompletion of a vertical or horizontal [an] oil or gas well.
110	103		SECTION 5. Section 256.103(b), Transportation Code, is
111	104		amended to read as follows:
112	105		(b) Grants distributed during a fiscal year must be
113	106		allocated among counties as follows:
114	107		(1) 20 percent according to weight tolerance permits,
115	108		determined by the ratio of weight tolerance permits issued in the
116	109		preceding fiscal year for the county that designated a county
117	110		energy transportation reinvestment zone to the total number of
118	111		weight tolerance permits issued in the state in that fiscal year, as
119	112		determined by the Texas Department of Motor Vehicles;
120	113		(2) 20 percent according to oil and gas production
121	114		taxes, determined by the ratio of oil and gas production taxes
122	115		collected by the comptroller in the preceding fiscal year in the
123	116		county that designated a county energy transportation reinvestment
124	117		zone to the total amount of oil and gas production taxes collected
125	118		in the state in that fiscal year, as determined by the comptroller;
126		-	(3) 10 [50] percent according to vertical well
	119	+	(3) 20 [50] percent according to vertical well
127	120		completions, determined by the ratio of vertical well completions
128	121		in the preceding fiscal year in the county that designated a county
129	122		energy transportation reinvestment zone to the total number of
130	123		vertical well completions in the state in that fiscal year, as
131	124		determined by the Railroad Commission of Texas; [and]
132		-	(4) 40 percent according to horizontal well
	125	+	(4) 30 percent according to horizontal well
133	126		completions, determined by the ratio of horizontal well completions
134	127		in the preceding fiscal year in the county that designated a county
135	128		energy transportation reinvestment zone to the total number of
136	129		horizontal well completions in the state in that fiscal year, as
137	130		determined by the Railroad Commission of Texas; and
138	131		(5) 10 percent according to the total number [volume]
139	132		of oil and gas waste disposal wells as defined by the Railroad
140	133		Commission of Texas [injected], determined by the ratio of the
141	134		total number [volume] of oil and gas waste disposal wells
142	135		[injected] in the last full [preceding fiscal] year for which the
143	136		Railroad Commission of Texas has a report for commercial disposal
144	137		wells in the county that designated a county energy transportation
145	138		reinvestment zone to the total number [volume] of oil and gas waste
146	139		disposal wells [injected] in the state in that [fiscal] year, as
147	140		determined by the Railroad Commission of Texas.
148	141		SECTION 6. Section 256.106, Transportation Code, is amended
149	142		to read as follows:
150	143		Sec. 256.106. PROGRAM ADMINISTRATION. (a) A county that
151	144		makes a second or subsequent application for a grant from the
152	145		department under this subchapter must:
153	146		(1) provide the department with a copy of a report
154	147		filed under Section 251.018;
155	148		(2) certify that all previous grants are being spent
156	149		in accordance with the plan submitted under Section 256.104; [and]
157	150		(3) provide an update on and brief description of the
158	151		status of all uncompleted transportation infrastructure projects;
159	152		and
160	153		(4) provide an accounting of how previous grants were
161	154		spent, including any amounts spent on administrative costs.
162	155		(b) The department may use [one-half of] one percent of the
163	156		amount deposited into the fund in the preceding fiscal year, not to
164	157		exceed $500,000 in a state fiscal biennium, to administer this
165	158		subchapter.
166	159		SECTION 7. This Act takes effect September 1, 2015.
167		-	* * * * *