1 | 1 | | 84R405 JAM-D |
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2 | 2 | | By: Huffines S.B. No. 61 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the allocation and use of revenue derived from certain |
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8 | 8 | | transportation-related taxes. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 43.001(b), Education Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (b) The available school fund, which shall be apportioned |
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13 | 13 | | annually to each county according to its scholastic population, |
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14 | 14 | | consists of: |
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15 | 15 | | (1) the distributions to the fund from the permanent |
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16 | 16 | | school fund as provided by Section 5(a), Article VII, Texas |
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17 | 17 | | Constitution; |
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18 | 18 | | (2) one-fourth of all revenue derived from all state |
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19 | 19 | | occupation taxes, exclusive of delinquencies and cost of |
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20 | 20 | | collection; and |
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21 | 21 | | (3) [one-fourth of revenue derived from state gasoline |
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22 | 22 | | and special fuels excise taxes as provided by law; and |
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23 | 23 | | [(4)] all other appropriations to the available school |
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24 | 24 | | fund made by the legislature for public school purposes. |
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25 | 25 | | SECTION 2. Section 152.122, Tax Code, is amended to read as |
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26 | 26 | | follows: |
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27 | 27 | | Sec. 152.122. ALLOCATION AND USE OF TAX. (a) The |
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28 | 28 | | comptroller shall deposit the funds received under Sections |
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29 | 29 | | 152.027, 152.047, and [Section] 152.121 [of this code as follows: |
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30 | 30 | | [(1) 1/4] to the credit of the state highway |
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31 | 31 | | [foundation school fund; and |
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32 | 32 | | [(2) the remaining funds to the credit of the general |
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33 | 33 | | revenue] fund. |
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34 | 34 | | (b) Money deposited to the state highway fund under this |
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35 | 35 | | section may be used only for acquiring rights-of-way and |
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36 | 36 | | constructing public roadways. |
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37 | 37 | | SECTION 3. Section 162.503(a), Tax Code, is amended to read |
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38 | 38 | | as follows: |
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39 | 39 | | (a) On or before the fifth workday after the end of each |
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40 | 40 | | month, the comptroller, after making all deductions for refund |
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41 | 41 | | purposes and for the amounts allocated under Sections 162.502 and |
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42 | 42 | | 162.5025, shall allocate the net remainder of the taxes collected |
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43 | 43 | | under Subchapter B as follows: |
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44 | 44 | | (1) three-fourths [one-fourth of the tax shall be |
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45 | 45 | | deposited to the credit of the available school fund; |
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46 | 46 | | [(2) one-half] of the tax shall be deposited to the |
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47 | 47 | | credit of the state highway fund for the construction and |
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48 | 48 | | maintenance of the state road system under existing law; and |
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49 | 49 | | (2) [(3)] from the remaining one-fourth of the tax the |
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50 | 50 | | comptroller shall: |
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51 | 51 | | (A) deposit to the credit of the county and road |
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52 | 52 | | district highway fund all the remaining tax receipts until a total |
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53 | 53 | | of $7,300,000 has been credited to the fund each fiscal year; and |
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54 | 54 | | (B) after the amount required to be deposited to |
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55 | 55 | | the county and road district highway fund has been deposited, |
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56 | 56 | | deposit to the credit of the state highway fund the remainder of the |
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57 | 57 | | one-fourth of the tax, the amount to be provided on the basis of |
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58 | 58 | | allocations made each month of the fiscal year, which sum shall be |
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59 | 59 | | used by the Texas Department of Transportation for the |
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60 | 60 | | construction, improvement, and maintenance of farm-to-market |
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61 | 61 | | roads. |
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62 | 62 | | SECTION 4. Section 162.504(a), Tax Code, is amended to read |
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63 | 63 | | as follows: |
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64 | 64 | | (a) On or before the fifth workday after the end of each |
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65 | 65 | | month, the comptroller, after making deductions for refund |
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66 | 66 | | purposes, for the administration and enforcement of this chapter, |
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67 | 67 | | and for the amounts allocated under Section 162.5025, shall deposit |
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68 | 68 | | [allocate] the remainder of the taxes collected under Subchapter C |
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69 | 69 | | [as follows: |
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70 | 70 | | [(1) one-fourth of the taxes shall be deposited to the |
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71 | 71 | | credit of the available school fund; and |
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72 | 72 | | [(2) three-fourths of the taxes shall be deposited] to |
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73 | 73 | | the credit of the state highway fund. |
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74 | 74 | | SECTION 5. Section 162.505, Tax Code, is amended to read as |
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75 | 75 | | follows: |
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76 | 76 | | Sec. 162.505. ALLOCATION OF LIQUEFIED GAS TAX. On or before |
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77 | 77 | | the fifth workday after the end of each month, the comptroller, |
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78 | 78 | | after making deductions for refund purposes and for the |
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79 | 79 | | administration and enforcement of this chapter, shall deposit |
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80 | 80 | | [allocate] the remainder of the taxes collected under Subchapter D |
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81 | 81 | | [as follows: |
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82 | 82 | | [(1) one-fourth of the taxes shall be deposited to the |
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83 | 83 | | credit of the available school fund; and |
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84 | 84 | | [(2) three-fourths of the taxes shall be deposited] to |
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85 | 85 | | the credit of the state highway fund. |
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86 | 86 | | SECTION 6. Section 152.1222, Tax Code, is repealed. |
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87 | 87 | | SECTION 7. This Act takes effect January 1, 2016, but only |
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88 | 88 | | if the constitutional amendment proposed by the 84th Legislature, |
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89 | 89 | | Regular Session, 2015, prescribing the purposes for which revenues |
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90 | 90 | | from motor vehicle registration fees and taxes on motor fuels and |
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91 | 91 | | lubricants may be used is approved by the voters. If that amendment |
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92 | 92 | | is not approved by the voters, this Act has no effect. |
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