Bill Text: TX HB3 | 2013 | 83rd Legislature 3rd Special Session | Introduced

Texas House Bill 3 (Prior Session Legislation)

Introduced

Bill Title: Relating to the provision and use of revenue for transportation; making an appropriation.

Sponsorship: Partisan Bill (Republican 10)

Status: (Introduced - Dead) 2013-08-01 - Left pending in committee [HB3 Detail]

Download: Texas-2013-HB3-Introduced.html



	By: Harper-Brown	H.B. No. 3



	A BILL TO BE ENTITLED
	AN ACT
	relating to the provision and use of revenue for transportation;
	making an appropriation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter G, Chapter 152, Tax Code, is amended
	by adding Section 152.1223 to read as follows:
	Sec. 152.1223. ALLOCATION OF CERTAIN TAX REVENUE TO STATE
	HIGHWAY FUND. (a) Notwithstanding Section 152.122, in each state
	fiscal year beginning on or after September 1, 2015, the
	comptroller shall deposit to the credit of the state highway fund an
	amount of money that is equal to 33-1/3 percent of the money that:
	(1) is received under Sections 152.043, 152.045,
	152.047, and 152.121 and is remaining after the comptroller makes
	the allocation required by Section 152.1222; and
	(2) exceeds the first $3.6 billion of money described
	by Subdivision (1) that is received in that fiscal year.
	(b) Money deposited to the credit of the state highway fund
	under this section may be appropriated only:
	(1) for a purpose authorized by Section 7-a, Article
	VIII, Texas Constitution; or
	(2) to pay for a function performed by or under the
	supervision of the Texas Department of Transportation, excluding
	toll roads.
	SECTION 2. (a) In this section, "biennial state taxes and
	fees general revenue estimate" means the amount of revenue stated
	in the comptroller's estimate provided in advance of the regular
	legislative session as required by Section 49a, Article III, Texas
	Constitution, that, based on the laws in effect at the time the
	estimate is made, is anticipated to be received by and for the state
	from collections of taxes and fees the revenue from which is
	anticipated to be deposited to the credit of the general revenue
	fund and is not set aside by law for a particular purpose or entity,
	including probable changes to that anticipated revenue as shown in
	supplemental statements submitted in accordance with Section 49a,
	Article III, Texas Constitution.
	(b) The comptroller of public accounts shall deposit to the
	credit of the state highway fund an amount of money equal to the
	amount by which the revenue derived from state taxes and fees that
	is received by the comptroller in the state fiscal biennium ending
	August 31, 2015, exceeds the estimate of revenue contained in the
	biennial state taxes and fees general revenue estimate for that
	biennium. The amount of money deposited to the credit of the state
	highway fund under this section may not exceed $2,000,000,000.
	(c) This section expires September 1, 2015.
	SECTION 3. (a) A joint committee shall conduct a study to
	evaluate and make recommendations regarding the issues described by
	Subsection (d) of this section.
	(b) The committee is composed of eight members appointed as
	follows:
	(1) four members of the senate appointed by the
	lieutenant governor; and
	(2) four members of the house of representatives
	appointed by the speaker of the house of representatives.
	(c) The speaker of the house of representatives and the
	lieutenant governor jointly shall designate a chair or,
	alternatively, designate two co-chairs from among the committee
	membership.
	(d) The committee shall:
	(1) consider whether the continued use of oil and gas
	production tax amounts received by this state in the fiscal year
	ending August 31, 1987, to determine certain amounts to be
	transferred to the economic stabilization fund under Sections
	49-g(d) and (e), Article III, Texas Constitution, is appropriate,
	or whether different figures should be used when calculating
	amounts to be transferred to the fund;
	(2) consider whether the current percentage
	allocations of certain oil and gas production tax revenue under
	Sections 49-g(d) and (e), Article III, Texas Constitution, are
	appropriate, or whether changes should be made to those
	allocations;
	(3) consider whether the manner in which the
	limitation on the balance of the economic stabilization fund under
	Section 49-g(g), Article III, Texas Constitution, is currently
	prescribed is appropriate, or whether changes should be made to the
	way that limitation is prescribed; and
	(4) examine whether the constitutional provisions
	relating to the permissible uses of money in the economic
	stabilization fund and the vote requirements necessary to
	appropriate money from the fund for those uses are appropriate and
	whether changes should be made to either the permissible uses of
	money in the fund or the vote requirement to appropriate money from
	the fund.
	(e) The committee may adopt rules necessary to carry out the
	committee's duties under this section.
	(f) Except as otherwise specifically provided by this
	section, the committee may operate in the same manner as a joint
	committee of the 83rd Legislature.
	(g) Not later than November 1, 2014, the committee shall
	report to the governor and the legislature the recommendations
	developed by the committee under this section.
	(h) This section expires January 1, 2015.
	SECTION 4. The changes in law made by this Act do not affect
	tax liability accruing before the effective date of this Act. That
	liability continues in effect as if this Act had not been enacted,
	and the former law is continued in effect for the collection and
	allocation of the revenue from those taxes.
	SECTION 5. This Act takes effect on the 91st day after the
	last day of the legislative session.