Texas 2017 - 85th Regular

Texas Senate Bill SB1707 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11414 MTB-D
2	2	By: Uresti, Seliger S.B. No. 1707
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to funding for county transportation infrastructure
8	8	projects in counties with significant oil and gas production.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 222.1071, Transportation Code, is
11	11	amended by adding Subsections (h-1), (i-1), (p), and (q) and
12	12	amending Subsection (k) to read as follows:
13	13	(h-1) The chief appraiser of the appraisal district in which
14	14	the zone is located shall certify to the county assessor-collector
15	15	the amount of tax increment produced by the county.
16	16	(i-1) At least 95 percent of the tax increment paid into the
17	17	tax increment account for the zone must be used to plan, construct,
18	18	or maintain transportation infrastructure in the zone.
19	19	(k) A county energy transportation reinvestment zone
20	20	terminates on December 31 of the eighth [10th] year after the year
21	21	the zone was designated [unless extended by an act of the county
22	22	commissioners court that designated the zone. The extension may
23	23	not exceed five years]. On termination of the zone, any money
24	24	remaining in the tax increment account must be transferred to the
25	25	road and bridge fund described by Chapter 256 for the county that
26	26	deposited the money into the tax increment account.
27	27	(p) Notwithstanding any other provision of this section, a
28	28	county may not designate an area in the jurisdiction of the county
29	29	as a county energy transportation reinvestment zone after September
30	30	1, 2017.
31	31	(q) An owner of property located in an area designated as a
32	32	county energy transportation reinvestment zone may protest a
33	33	county's failure to follow a provision of this section to the
34	34	appraisal review board established for the appraisal district in
35	35	which the property is located in the manner provided by Subchapter
36	36	C, Chapter 41, Tax Code. If the appraisal review board determines
37	37	the protest in favor of the property owner, the county may not pay
38	38	the tax increment produced by the county into the tax increment
39	39	account for the zone. The comptroller shall adopt rules as
40	40	necessary to implement this subsection.
41	41	SECTION 2. Section 222.1072, Transportation Code, is
42	42	transferred to Subchapter C, Chapter 256, Transportation Code,
43	43	redesignated as Section 256.107, Transportation Code, and amended
44	44	to read as follows:
45	45	Sec. 256.107 [222.1072]. COUNTY GRANT PROGRAM ADVISORY
46	46	BOARD [OF COUNTY ENERGY TRANSPORTATION REINVESTMENT ZONE]. (a) A
47	47	county may create [is eligible to apply for a grant under Subchapter
48	48	C, Chapter 256, if the county creates] an advisory board to advise
49	49	the county on transportation infrastructure projects to be funded
50	50	by a grant from the department under this subchapter [the
51	51	establishment, administration, and expenditures of a county energy
52	52	transportation reinvestment zone]. The county commissioners court
53	53	shall determine the terms and duties of the advisory board members.
54	54	(b) An [Except as provided by Subsection (c), the] advisory
55	55	board created under this section [of a county energy transportation
56	56	reinvestment zone] consists of the following members appointed by
57	57	the county judge and approved by the county commissioners court:
58	58	(1) up to three oil and gas company representatives
59	59	who perform company activities in the county and are local
60	60	taxpayers; and
61	61	(2) two public members.
62	62	(c) [County energy transportation reinvestment zones that
63	63	are jointly administered are advised by a single joint advisory
64	64	board for the zones. A joint advisory board under this subsection
65	65	consists of members appointed under Subsection (b) for each zone to
66	66	be jointly administered.
67	67	[(d)] An advisory board member may not receive compensation
68	68	for service on the board or reimbursement for expenses incurred in
69	69	performing services as a member.
70	70	SECTION 3. Section 256.009(a), Transportation Code, is
71	71	amended to read as follows:
72	72	(a) Not later than January 30 of each year, the county
73	73	auditor or, if the county does not have a county auditor, the
74	74	official having the duties of the county auditor shall file a report
75	75	with the comptroller that includes:
76	76	(1) an account of how:
77	77	(A) the money allocated to a county under Section
78	78	256.002 during the preceding year was spent; [and]
79	79	(B) if the county designated a county energy
80	80	transportation reinvestment zone, expenditures were made by
81	81	transportation infrastructure project money paid into a tax
82	82	increment account for the zone; and
83	83	(C) money [or] from an award under Subchapter C
84	84	was spent;
85	85	(2) a description, including location, of any new
86	86	roads constructed in whole or in part with the money:
87	87	(A) allocated to a county under Section 256.002
88	88	during the preceding year; [and]
89	89	(B) paid into a tax increment account for the
90	90	zone [or from an award under Subchapter C] if the county designated
91	91	a county energy transportation reinvestment zone; and
92	92	(C) from an award under Subchapter C;
93	93	(3) any other information related to the
94	94	administration of Sections 256.002 and 256.003 that the comptroller
95	95	requires; and
96	96	(4) the total amount of expenditures for county road
97	97	and bridge construction, maintenance, rehabilitation, right-of-way
98	98	acquisition, and utility construction and other appropriate road
99	99	expenditures of county funds in the preceding county fiscal year
100	100	that are required by the constitution or other law to be spent on
101	101	public roads or highways.
102	102	SECTION 4. Section 256.103(b), Transportation Code, is
103	103	amended to read as follows:
104	104	(b) Grants distributed during a fiscal year must be
105	105	allocated among counties as follows:
106	106	(1) 20 percent according to weight tolerance permits,
107	107	determined by the ratio of weight tolerance permits issued in the
108	108	preceding fiscal year for the county [that designated a county
109	109	energy transportation reinvestment zone] to the total number of
110	110	weight tolerance permits issued in the state in that fiscal year, as
111	111	determined by the Texas Department of Motor Vehicles;
112	112	(2) 20 percent according to oil and gas production
113	113	taxes, determined by the ratio of oil and gas production taxes
114	114	collected by the comptroller in the preceding fiscal year in the
115	115	county [that designated a county energy transportation
116	116	reinvestment zone] to the total amount of oil and gas production
117	117	taxes collected in the state in that fiscal year, as determined by
118	118	the comptroller;
119	119	(3) 50 percent according to well completions,
120	120	determined by the ratio of well completions in the preceding fiscal
121	121	year in the county [that designated a county energy transportation
122	122	reinvestment zone] to the total number of well completions in the
123	123	state in that fiscal year, as determined by the Railroad Commission
124	124	of Texas; and
125	125	(4) 10 percent according to the volume of oil and gas
126	126	waste injected, determined by the ratio of the volume of oil and gas
127	127	waste injected in the preceding fiscal year in the county [that
128	128	designated a county energy transportation reinvestment zone] to the
129	129	total volume of oil and gas waste injected in the state in that
130	130	fiscal year, as determined by the Railroad Commission of Texas.
131	131	SECTION 5. Section 256.104(a), Transportation Code, is
132	132	amended to read as follows:
133	133	(a) In applying for a grant under this subchapter, the
134	134	county shall:
135	135	(1) provide the road condition report described by
136	136	Section 251.018 made by the county for the previous year; and
137	137	(2) submit to the department[:
138	138	[(A) a copy of the order or resolution
139	139	establishing a county energy transportation reinvestment zone in
140	140	the county, except that the department may waive the submission
141	141	until the time the grant is awarded; and
142	142	[(B)] a plan that:
143	143	(A) [(i)] provides a list of transportation
144	144	infrastructure projects to be funded by the grant;
145	145	(B) [(ii)] describes the scope of the
146	146	transportation infrastructure project or projects to be funded by
147	147	the grant using best practices for prioritizing the projects;
148	148	(C) [(iii)] provides for matching funds as
149	149	required by Section 256.105; and
150	150	(D) [(iv)] meets any other requirements imposed
151	151	by the department.
152	152	SECTION 6. This Act takes effect September 1, 2017.