Texas 2017 - 85th Regular

Texas Senate Bill SB1305 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Nichols S.B. No. 1305
2		-	(Darby)
	1	+	S.B. No. 1305
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the grant program using money from the transportation
8	6		infrastructure fund.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Sections 222.110(a), (e), and (h),
11	9		Transportation Code, are amended to read as follows:
12	10		(a) In this section, "sales[:
13	11		[(1) "Sales] tax base" for a transportation
14	12		reinvestment zone means the amount of sales and use taxes imposed by
15	13		a municipality under Section 321.101(a), Tax Code, or by a county
16	14		under Chapter 323, Tax Code, as applicable, attributable to the
17	15		zone for the year in which the zone was designated under this
18	16		chapter.
19	17		[(2) "Transportation reinvestment zone" includes a
20	18		county energy transportation reinvestment zone.]
21	19		(e) The sales and use taxes to be deposited into the tax
22	20		increment account under this section may be disbursed from the
23	21		account only to:
24	22		(1) pay for projects authorized under Section 222.104
25	23		or 222.108; and
26	24		(2) notwithstanding Sections 321.506 and 323.505, Tax
27	25		Code, satisfy claims of holders of tax increment bonds, notes, or
28	26		other obligations issued or incurred for projects authorized under
29	27		Section 222.104[, 222.1071,] or 222.108.
30	28		(h) The hearing required under Subsection (g) may be held in
31	29		conjunction with a hearing held under Section 222.106(e) or[,]
32	30		222.107(e)[, or 222.1071(d)] if the ordinance or order designating
33	31		an area as a transportation reinvestment zone under Section 222.106
34	32		or[,] 222.107[, or 222.1071] also designates a sales tax increment
35	33		under Subsection (b).
36	34		SECTION 2. Section 256.009(a), Transportation Code, is
37	35		amended to read as follows:
38	36		(a) Not later than January 30 of each year, the county
39	37		auditor or, if the county does not have a county auditor, the
40	38		official having the duties of the county auditor shall file a report
41	39		with the comptroller that includes:
42	40		(1) an account of how:
43	41		(A) the money allocated to a county under Section
44	42		256.002 during the preceding year was spent; and
45	43		(B) if the county received [designated a county
46	44		energy transportation reinvestment zone, money paid into a tax
47	45		increment account for the zone or from] an award under Subchapter C,
48	46		the money was spent;
49	47		(2) a description, including location, of any new
50	48		roads constructed in whole or in part with the money:
51	49		(A) allocated to a county under Section 256.002
52	50		during the preceding year; and
53	51		(B) received [paid into a tax increment account
54	52		for the zone or] from any [an] award under Subchapter C [if the
55	53		county designated a county energy transportation reinvestment
56	54		zone];
57	55		(3) any other information related to the
58	56		administration of Sections 256.002 and 256.003 that the comptroller
59	57		requires; and
60	58		(4) the total amount of expenditures for county road
61	59		and bridge construction, maintenance, rehabilitation, right-of-way
62	60		acquisition, and utility construction and other appropriate road
63	61		expenditures of county funds in the preceding county fiscal year
64	62		that are required by the constitution or other law to be spent on
65	63		public roads or highways.
66	64		SECTION 3. Section 256.103(b), Transportation Code, is
67	65		amended to read as follows:
68	66		(b) Grants distributed during a fiscal year must be
69	67		allocated among counties as follows:
70	68		(1) 20 percent according to weight tolerance permits,
71	69		determined by the ratio of weight tolerance permits issued in the
72	70		preceding fiscal year for the county [that designated a county
73	71		energy transportation reinvestment zone] to the total number of
74	72		weight tolerance permits issued in the state in that fiscal year, as
75	73		determined by the Texas Department of Motor Vehicles;
76	74		(2) 20 percent according to oil and gas production
77	75		taxes, determined by the ratio of oil and gas production taxes
78	76		collected by the comptroller in the preceding fiscal year in the
79	77		county [that designated a county energy transportation
80	78		reinvestment zone] to the total amount of oil and gas production
81	79		taxes collected in the state in that fiscal year, as determined by
82	80		the comptroller;
83	81		(3) 50 percent according to well completions,
84	82		determined by the ratio of well completions in the preceding fiscal
85	83		year in the county [that designated a county energy transportation
86	84		reinvestment zone] to the total number of well completions in the
87	85		state in that fiscal year, as determined by the Railroad Commission
88	86		of Texas; and
89	87		(4) 10 percent according to the volume of oil and gas
90	88		waste injected, determined by the ratio of the volume of oil and gas
91	89		waste injected in the preceding fiscal year in the county [that
92	90		designated a county energy transportation reinvestment zone] to the
93	91		total volume of oil and gas waste injected in the state in that
94	92		fiscal year, as determined by the Railroad Commission of Texas.
95	93		SECTION 4. Section 256.104(a), Transportation Code, is
96	94		amended to read as follows:
97	95		(a) In applying for a grant under this subchapter, the
98	96		county shall:
99	97		(1) provide the road condition report described by
100	98		Section 251.018 made by the county for the previous year; and
101	99		(2) submit to the department[:
102	100		[(A) a copy of the order or resolution
103	101		establishing a county energy transportation reinvestment zone in
104	102		the county, except that the department may waive the submission
105	103		until the time the grant is awarded; and
106	104		[(B)] a plan that:
107	105		(A) [(i)] provides a list of transportation
108	106		infrastructure projects to be funded by the grant;
109	107		(B) [(ii)] describes the scope of the
110	108		transportation infrastructure project or projects to be funded by
111	109		the grant using best practices for prioritizing the projects;
112	110		(C) [(iii)] provides for matching funds as
113	111		required by Section 256.105; and
114	112		(D) [(iv)] meets any other requirements imposed
115	113		by the department.
116	114		SECTION 5. Sections 222.1071, 222.1072, and 222.110(i),
117	115		Transportation Code, are repealed.
118	116		SECTION 6. The repeal by this Act of Section 222.1071,
119	117		Transportation Code, does not affect the validity of bonds issued
120	118		under that section before the effective date of this Act. Bonds
121	119		issued before the effective date of this Act are governed by the law
122	120		in effect when the bonds were issued, and that law is continued in
123	121		effect for purposes of the validity of those bonds.
124	122		SECTION 7. The repeal by this Act of Section 222.1071,
125	123		Transportation Code, does not affect the amount of any tax rate
126	124		calculation under Chapter 26, Tax Code, for the 2018 tax year or a
127	125		subsequent tax year pertaining to a county that imposes taxes on
128	126		property that for the 2017 tax year was located in a county energy
129	127		transportation reinvestment zone. Under Section 26.03, Tax Code,
130	128		for the duration of the zone, in any tax rate calculation under
131	129		Chapter 26 of that code, the portion of the captured appraised value
132	130		of property located in the zone that corresponded to the tax
133	131		increment of the county from that property that the county agreed to
134	132		pay into the tax increment account for the zone was excluded from
135	133		the value of property taxable by the county, and the portion of the
136	134		tax increment of the county that the county agreed to pay into the
137	135		account for the zone was excluded from the amount of taxes imposed
138	136		or collected by the county. Because beginning with the 2018 tax
139	137		year both that property value and the taxes corresponding to that
140	138		property value will be included in the calculation of ad valorem tax
141	139		rates of the county under Chapter 26, Tax Code, the amounts of those
142	140		tax rates will be unaffected.
143	141		SECTION 8. This Act takes effect December 31, 2017.
	142	+	______________________________ ______________________________
	143	+	President of the Senate Speaker of the House
	144	+	I hereby certify that S.B. No. 1305 passed the Senate on
	145	+	April 4, 2017, by the following vote: Yeas 31, Nays 0.
	146	+	______________________________
	147	+	Secretary of the Senate
	148	+	I hereby certify that S.B. No. 1305 passed the House on
	149	+	May 17, 2017, by the following vote: Yeas 140, Nays 1, two
	150	+	present not voting.
	151	+	______________________________
	152	+	Chief Clerk of the House
	153	+	Approved:
	154	+	______________________________
	155	+	Date
	156	+	______________________________
	157	+	Governor