Texas 2017 - 85th Regular

Texas House Bill HB4231 Compare Versions

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1-85R23414 ADM-D
2- By: White, et al. H.B. No. 4231
3- Substitute the following for H.B. No. 4231:
4- By: Shine C.S.H.B. No. 4231
1+85R7652 ADM-D
2+ By: White H.B. No. 4231
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to allocating a portion of oil and gas production tax
108 revenue to the counties from which the oil and gas originated.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Section 201.404, Tax Code, is amended to read as
1311 follows:
1412 Sec. 201.404. ALLOCATION OF REVENUE. After deducting the
1513 amount required to be deposited by Section 201.403 [of this code],
1614 the comptroller shall deposit [one-fourth of] the revenue collected
1715 from the tax imposed by this chapter as follows:
1816 (1) 25 percent to the credit of the foundation school
1917 fund;
20- (2) two percent to the credit of the trust fund created
18+ (2) 2.5 percent to the credit of the trust fund created
2119 under Section 205.001, to be disbursed to counties for the purposes
2220 and in the manner provided by that section; and
2321 (3) the remainder [three-fourths] to the general
2422 revenue fund.
2523 SECTION 2. Section 202.353, Tax Code, is amended to read as
2624 follows:
2725 Sec. 202.353. ALLOCATION OF REVENUE. After deducting the
2826 amount required to be deposited by Section 202.352 [of this code],
2927 the comptroller shall deposit [one-fourth of] the revenue collected
3028 from the tax imposed by this chapter as follows:
3129 (1) 25 percent to the credit of the foundation school
3230 fund;
33- (2) two percent to the credit of the trust fund created
31+ (2) 2.5 percent to the credit of the trust fund created
3432 under Section 205.001, to be disbursed to counties for the purposes
3533 and in the manner provided by that section; and
3634 (3) the remainder [three-fourths] to the general
3735 revenue fund.
3836 SECTION 3. Subtitle I, Title 2, Tax Code, is amended by
3937 adding Chapter 205 to read as follows:
4038 CHAPTER 205. SEVERANCE TAX TRUST FUND
4139 Sec. 205.001. TRUST FUND FOR REVENUE FROM SEVERANCE TAXES
4240 FOR COUNTIES. (a) The comptroller shall deposit the following in a
4341 trust fund outside the state treasury to be held with the
4442 comptroller in trust:
4543 (1) the revenue collected from the gas production tax
4644 as specified by Section 201.404(2); and
4745 (2) the revenue collected from the oil production tax
4846 as specified by Section 202.353(2).
4947 (b) The comptroller shall:
5048 (1) administer the fund as trustee on behalf of each
5149 county in this state; and
5250 (2) send to the county treasurer payable to the county
5351 the county's share of the revenue in the trust fund as provided by
5452 this section.
5553 (c) Each county's share of the revenue in the trust fund is
5654 equal to the amount of revenue in the trust fund that is
5755 attributable to gas production and oil production in that county.
5856 (d) The comptroller shall remit to a county the county's
5957 share of the revenue in the trust fund not later than the 90th day
6058 after the last day of the calendar month during which the revenue
6159 was deposited in the trust fund.
62- (e) A county may use money received under this section only
63- to supplement construction and maintenance of county roads and
64- bridges that are impacted by oil and gas exploration and production
65- activities.
60+ (e) A county may use money received under this section for
61+ building and maintenance of infrastructure in the county or may
62+ deposit the money in the county treasury.
6663 SECTION 4. The changes in law made by this Act apply only to
6764 tax revenue collected under Chapters 201 and 202, Tax Code, from oil
6865 and gas produced on or after the effective date of this Act. Tax
6966 revenue collected under Chapters 201 and 202, Tax Code, from oil and
7067 gas produced before that date is governed by the law in effect at
7168 the time the oil and gas was produced, and that law is continued in
7269 effect for that purpose.
73- SECTION 5. This Act takes effect September 1, 2019.
70+ SECTION 5. This Act takes effect September 1, 2017.