Texas 2017 - 85th Regular

Texas Senate Bill SB1708 Compare Versions

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

Old	New	Differences
1	1	85R11840 MTB-F
2	2	By: Uresti S.B. No. 1708
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to funding for counties for transportation infrastructure
8	8	projects located in areas of the state affected by increased oil and
9	9	gas production, including administration of county energy
10	10	transportation reinvestment zones.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 222.1071(i) and (n), Transportation
13	13	Code, are amended to read as follows:
14	14	(i) The county may:
15	15	(1) use money in the tax increment account, before
16	16	September 1, 2017, to provide:
17	17	(A) matching funds under Section 256.105; and
18	18	(B) funding for one or more transportation
19	19	infrastructure projects located in the zone;
20	20	(2) apply for grants under Subchapter C, Chapter 256[,
21	21	subject to Section 222.1072];
22	22	(3) use one [five] percent of any grant distributed to
23	23	the county under Subchapter C, Chapter 256, for the administration
24	24	of a county energy transportation reinvestment zone, not to exceed
25	25	$100,000 [$250,000];
26	26	(4) enter into an agreement to provide for the joint
27	27	administration of county energy transportation reinvestment zones
28	28	if the commissioners court of the county has designated a county
29	29	energy transportation reinvestment zone under this section for the
30	30	same transportation infrastructure project or projects as another
31	31	county commissioners court; and
32	32	(5) pledge money in the tax increment account, before
33	33	September 1, 2017, to a road utility district formed as provided by
34	34	Subsection (n).
35	35	(n) In the alternative, to assist the county in developing a
36	36	transportation infrastructure project, if authorized by the
37	37	commission under Chapter 441, a road utility district may be formed
38	38	under that chapter that has the same boundaries as a county energy
39	39	transportation reinvestment zone created under this section. The
40	40	road utility district may issue bonds to pay all or part of the cost
41	41	of a transportation infrastructure project and may pledge and
42	42	assign all or a specified amount of money in the tax increment
43	43	account, before September 1, 2017, to secure those bonds if the
44	44	county:
45	45	(1) collects a tax increment; and
46	46	(2) pledges all or a specified amount of the tax
47	47	increment to the road utility district.
48	48	SECTION 2. Section 222.1072, Transportation Code, is
49	49	transferred to Subchapter C, Chapter 256, Transportation Code,
50	50	redesignated as Section 256.107, Transportation Code, and amended
51	51	to read as follows:
52	52	Sec. 256.107 [222.1072]. COUNTY GRANT PROGRAM ADVISORY
53	53	BOARD [OF COUNTY ENERGY TRANSPORTATION REINVESTMENT ZONE]. (a) A
54	54	county may create [is eligible to apply for a grant under Subchapter
55	55	C, Chapter 256, if the county creates] an advisory board to advise
56	56	the county on transportation infrastructure projects to be funded
57	57	by a grant from the department under this subchapter [the
58	58	establishment, administration, and expenditures of a county energy
59	59	transportation reinvestment zone]. The county commissioners court
60	60	shall determine the terms and duties of the advisory board members.
61	61	(b) An [Except as provided by Subsection (c), the] advisory
62	62	board created under this section [of a county energy transportation
63	63	reinvestment zone] consists of the following members appointed by
64	64	the county judge and approved by the county commissioners court:
65	65	(1) up to three oil and gas company representatives
66	66	who perform a company activity or related service [activities in
67	67	the county and are local taxpayers]; and
68	68	(2) two public members.
69	69	(c) [County energy transportation reinvestment zones that
70	70	are jointly administered are advised by a single joint advisory
71	71	board for the zones. A joint advisory board under this subsection
72	72	consists of members appointed under Subsection (b) for each zone to
73	73	be jointly administered.
74	74	[(d)] An advisory board member may not receive compensation
75	75	for service on the board or reimbursement for expenses incurred in
76	76	performing services as a member.
77	77	SECTION 3. Section 251.018, Transportation Code, is amended
78	78	to read as follows:
79	79	Sec. 251.018. ROAD REPORTS. A road condition report made by
80	80	a county that is operating under a system of administering county
81	81	roads under Chapter 252 or a special law, including a report made
82	82	under Section 251.005, must include the primary cause of any road,
83	83	culvert, or bridge degradation if reasonably ascertained along with
84	84	a brief description of the degradation.
85	85	SECTION 4. Sections 256.101(3) and (4), Transportation
86	86	Code, are amended to read as follows:
87	87	(3) "Weight tolerance permit" means a permit issued
88	88	under Section 623.011 for [Chapter 623 authorizing] a vehicle
89	89	operating specifically in relation to the exploration,
90	90	development, or production of oil or gas [to exceed maximum legal
91	91	weight limitations].
92	92	(4) "Well completion" means the completion, reentry,
93	93	or recompletion of a vertical or horizontal [an] oil or gas well.
94	94	SECTION 5. Section 256.103, Transportation Code, is amended
95	95	by adding Subsection (a-1) and amending Subsection (b) to read as
96	96	follows:
97	97	(a-1) To be eligible for a grant under this subchapter, a
98	98	county must have at least 400 active wells, including horizontal,
99	99	vertical, and oil and gas waste disposal wells, as determined by the
100	100	most recent data of the Railroad Commission of Texas.
101	101	(b) Grants distributed during a fiscal year must be
102	102	allocated among counties as follows:
103	103	(1) 10 [20] percent according to weight tolerance
104	104	permits, determined by the ratio of weight tolerance permits issued
105	105	in the preceding fiscal year for the county [that designated a
106	106	county energy transportation reinvestment zone] to the total number
107	107	of weight tolerance permits issued in the state in that fiscal year,
108	108	as determined by the Texas Department of Motor Vehicles;
109	109	(2) 20 percent according to oil and gas production
110	110	taxes, determined by the ratio of oil and gas production taxes
111	111	collected by the comptroller in the preceding fiscal year in the
112	112	county [that designated a county energy transportation
113	113	reinvestment zone] to the total amount of oil and gas production
114	114	taxes collected in the state in that fiscal year, as determined by
115	115	the comptroller;
116	116	(3) 15 [50] percent according to vertical well
117	117	completions, determined by the ratio of vertical well completions
118	118	in the preceding fiscal year in the county [that designated a county
119	119	energy transportation reinvestment zone] to the total number of
120	120	vertical well completions in the state in that fiscal year, as
121	121	determined by the Railroad Commission of Texas; [and]
122	122	(4) 45 percent according to horizontal well
123	123	completions, determined by the ratio of horizontal well completions
124	124	in the preceding fiscal year in the county to the total number of
125	125	horizontal well completions in the state in that fiscal year, as
126	126	determined by the Railroad Commission of Texas; and
127	127	(5) 10 percent according to the total number [volume]
128	128	of oil and gas waste disposal wells as defined by the Railroad
129	129	Commission of Texas [injected], determined by the ratio of the
130	130	total number [volume] of oil and gas waste disposal wells
131	131	[injected] in the last full [preceding fiscal] year for which the
132	132	Railroad Commission of Texas has a report for commercial disposal
133	133	wells in the county [that designated a county energy transportation
134	134	reinvestment zone] to the total number [volume] of oil and gas waste
135	135	disposal wells [injected] in the state in that [fiscal] year, as
136	136	determined by the Railroad Commission of Texas.
137	137	SECTION 6. Section 256.104(a), Transportation Code, is
138	138	amended to read as follows:
139	139	(a) In applying for a grant under this subchapter, the
140	140	county shall:
141	141	(1) provide the road condition report described by
142	142	Section 251.018 made by the county for the previous year; and
143	143	(2) submit to the department[:
144	144	[(A) a copy of the order or resolution
145	145	establishing a county energy transportation reinvestment zone in
146	146	the county, except that the department may waive the submission
147	147	until the time the grant is awarded; and
148	148	[(B)] a plan that:
149	149	(A) [(i)] provides a list of transportation
150	150	infrastructure projects to be funded by the grant;
151	151	(B) [(ii)] describes the scope of the
152	152	transportation infrastructure project or projects to be funded by
153	153	the grant using best practices for prioritizing the projects;
154	154	(C) [(iii)] provides for matching funds as
155	155	required by Section 256.105; and
156	156	(D) [(iv)] meets any other requirements imposed
157	157	by the department.
158	158	SECTION 7. Section 256.106(a), Transportation Code, is
159	159	amended to read as follows:
160	160	(a) A county that makes a second or subsequent application
161	161	for a grant from the department under this subchapter must:
162	162	(1) provide the department with a copy of a report
163	163	filed under Section 251.018;
164	164	(2) certify that all previous grants are being spent
165	165	in accordance with the plan submitted under Section 256.104; [and]
166	166	(3) provide an update on and brief description of the
167	167	status of all uncompleted transportation infrastructure projects;
168	168	and
169	169	(4) provide an accounting of how previous grants were
170	170	spent, including any amounts spent on administrative costs.
171	171	SECTION 8. This Act takes effect September 1, 2017.