Texas 2025 - 89th Regular

Texas House Bill HB542 Compare Versions

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

Old	New	Differences
1	1	89R1587 CMO-D
2	2	By: Bucy H.B. No. 542
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of certain money transferred to and deposited in
10	10	the state highway fund as required by the Texas Constitution.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 162.503, Tax Code, is amended to read as
13	13	follows:
14	14	Sec. 162.503. ALLOCATION OF GASOLINE TAX. [(a)] On or
15	15	before the fifth workday after the end of each month, the
16	16	comptroller, after making all deductions for refund purposes and
17	17	for the amounts allocated under Sections 162.502 and 162.5025,
18	18	shall allocate the net remainder of the taxes collected under
19	19	Subchapter B as follows:
20	20	(1) one-fourth of the tax shall be deposited to the
21	21	credit of the available school fund;
22	22	(2) one-half of the tax shall be deposited to the
23	23	credit of the state highway fund for the purposes authorized by
24	24	Section 7-a, Article VIII, Texas Constitution [construction and
25	25	maintenance of the state road system under existing law]; and
26	26	(3) from the remaining one-fourth of the tax the
27	27	comptroller shall:
28	28	(A) deposit to the credit of the county and road
29	29	district highway fund all the remaining tax receipts until a total
30	30	of $7,300,000 has been credited to the fund each fiscal year; and
31	31	(B) after the amount required to be deposited to
32	32	the county and road district highway fund has been deposited,
33	33	deposit to the credit of the state highway fund the remainder of the
34	34	one-fourth of the tax, the amount to be provided on the basis of
35	35	allocations made each month of the fiscal year, which sum shall be
36	36	used by the Texas Department of Transportation for the
37	37	construction, improvement, and maintenance of farm-to-market
38	38	roads.
39	39	SECTION 2. Section 201.002(c), Transportation Code, is
40	40	amended to read as follows:
41	41	(c) All money authorized to be appropriated in accordance
42	42	with this section for the operation of the department and the
43	43	purchase of equipment shall be appropriated from the state highway
44	44	fund. The commission shall use the amount remaining in the fund
45	45	for the furtherance of public road construction and for
46	46	establishing a system of state highways and for transit-oriented
47	47	projects.
48	48	SECTION 3. Section 202.002(a), Transportation Code, is
49	49	amended to read as follows:
50	50	(a) The commission shall use automobile registration fees
51	51	in the state highway fund for the purposes authorized by Section
52	52	7-a, Article VIII, Texas Constitution, [to maintain state highways]
53	53	and may not divert funds from automobile registration fees for
54	54	another use.
55	55	SECTION 4. Section 222.001, Transportation Code, is amended
56	56	by amending Subsection (a) and adding Subsection (a-1) to read as
57	57	follows:
58	58	(a) Money that is required to be used for public roadways by
59	59	the Texas Constitution, except for Section 7-a, Article VIII, Texas
60	60	Constitution, or federal law and that is deposited in the state
61	61	treasury to the credit of the state highway fund, including money
62	62	deposited to the credit of the state highway fund under Title 23,
63	63	United States Code, may be used only:
64	64	(1) to improve the state highway system; or
65	65	(2) to mitigate adverse environmental effects that
66	66	result directly from construction or maintenance of a state highway
67	67	by the department.
68	68	(a-1) Money that is required to be used for public roadways
69	69	and transit-oriented projects by the Texas Constitution and that is
70	70	deposited in the state treasury to the credit of the state highway
71	71	fund may be used only to:
72	72	(1) improve the state highway system;
73	73	(2) support transit-oriented projects; or
74	74	(3) mitigate adverse environmental effects that
75	75	result directly from construction or maintenance of a project
76	76	described by Subdivision (1) or (2).
77	77	SECTION 5. Section 222.002, Transportation Code, is amended
78	78	to read as follows:
79	79	Sec. 222.002. USE OF STATE HIGHWAY FUND FOR DEPARTMENT
80	80	FUNCTIONS. Money in the state highway fund that is not required to
81	81	be spent for public roadways or transit-oriented projects by the
82	82	Texas Constitution or federal law may be used for any function
83	83	performed by the department.
84	84	SECTION 6. This Act takes effect September 1, 2027, but only
85	85	if the constitutional amendment proposed by the 89th Legislature,
86	86	Regular Session, 2025, authorizing the use of money in the state
87	87	highway fund for transit-oriented projects is approved by the
88	88	voters. If that amendment is not approved by the voters, this Act
89	89	has no effect.