Texas 2023 - 88th Regular

Texas House Bill HB5215 Compare Versions

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1	1	88R14394 JAM-D
2	2	By: Bucy H.B. No. 5215
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of certain money transferred to and deposited in
8	8	the state highway fund as required by the Texas Constitution.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 162.503, Tax Code, is amended to read as
11	11	follows:
12	12	Sec. 162.503. ALLOCATION OF GASOLINE TAX. [(a)] On or
13	13	before the fifth workday after the end of each month, the
14	14	comptroller, after making all deductions for refund purposes and
15	15	for the amounts allocated under Sections 162.502 and 162.5025,
16	16	shall allocate the net remainder of the taxes collected under
17	17	Subchapter B as follows:
18	18	(1) one-fourth of the tax shall be deposited to the
19	19	credit of the available school fund;
20	20	(2) one-half of the tax shall be deposited to the
21	21	credit of the state highway fund for the purposes authorized by
22	22	Section 7-a, Article VIII, Texas Constitution [construction and
23	23	maintenance of the state road system under existing law]; and
24	24	(3) from the remaining one-fourth of the tax the
25	25	comptroller shall:
26	26	(A) deposit to the credit of the county and road
27	27	district highway fund all the remaining tax receipts until a total
28	28	of $7,300,000 has been credited to the fund each fiscal year; and
29	29	(B) after the amount required to be deposited to
30	30	the county and road district highway fund has been deposited,
31	31	deposit to the credit of the state highway fund the remainder of the
32	32	one-fourth of the tax, the amount to be provided on the basis of
33	33	allocations made each month of the fiscal year, which sum shall be
34	34	used by the Texas Department of Transportation for the
35	35	construction, improvement, and maintenance of farm-to-market
36	36	roads.
37	37	SECTION 2. Section 201.002(c), Transportation Code, is
38	38	amended to read as follows:
39	39	(c) All money authorized to be appropriated in accordance
40	40	with this section for the operation of the department and the
41	41	purchase of equipment shall be appropriated from the state highway
42	42	fund. The commission shall use the amount remaining in the fund
43	43	for the furtherance of public road construction and for
44	44	establishing a system of state highways and for transit-oriented
45	45	projects.
46	46	SECTION 3. Section 202.002(a), Transportation Code, is
47	47	amended to read as follows:
48	48	(a) The commission shall use automobile registration fees
49	49	in the state highway fund for the purposes authorized by Section
50	50	7-a, Article VIII, Texas Constitution, [to maintain state highways]
51	51	and may not divert funds from automobile registration fees for
52	52	another use.
53	53	SECTION 4. Section 222.001, Transportation Code, is amended
54	54	by amending Subsection (a) and adding Subsection (a-1) to read as
55	55	follows:
56	56	(a) Money that is required to be used for public roadways by
57	57	the Texas Constitution, except for Section 7-a, Article VIII, Texas
58	58	Constitution, or federal law and that is deposited in the state
59	59	treasury to the credit of the state highway fund, including money
60	60	deposited to the credit of the state highway fund under Title 23,
61	61	United States Code, may be used only:
62	62	(1) to improve the state highway system; or
63	63	(2) to mitigate adverse environmental effects that
64	64	result directly from construction or maintenance of a state highway
65	65	by the department.
66	66	(a-1) Money that is required to be used for public roadways
67	67	and transit-oriented projects by the Texas Constitution and that is
68	68	deposited in the state treasury to the credit of the state highway
69	69	fund may be used only to:
70	70	(1) improve the state highway system;
71	71	(2) support transit-oriented projects; or
72	72	(3) mitigate adverse environmental effects that
73	73	result directly from construction or maintenance of a project
74	74	described by Subdivision (1) or (2).
75	75	SECTION 5. Section 222.002, Transportation Code, is amended
76	76	to read as follows:
77	77	Sec. 222.002. USE OF STATE HIGHWAY FUND FOR DEPARTMENT
78	78	FUNCTIONS. Money in the state highway fund that is not required to
79	79	be spent for public roadways or transit-oriented projects by the
80	80	Texas Constitution or federal law may be used for any function
81	81	performed by the department.
82	82	SECTION 6. This Act takes effect September 1, 2025, but only
83	83	if the constitutional amendment proposed by the 88th Legislature,
84	84	Regular Session, 2023, authorizing the use of money in the state
85	85	highway fund for transit-oriented projects is approved by the
86	86	voters. If that amendment is not approved by the voters, this Act
87	87	has no effect.