Bill Text: TX SB33 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to the state highway fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-06-11 - Referred to Finance [SB33 Detail]
Download: Texas-2013-SB33-Introduced.html
| 83S10053 JAM-D | ||
| By: Lucio | S.B. No. 33 | |
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| relating to the state highway fund. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 151, Tax Code, is amended | ||
| by adding Section 151.0029 to read as follows: | ||
| Sec. 151.0029. "AUTOMOTIVE ACCESSORY". "Automotive | ||
| accessory" means an item that is used in conjunction with or | ||
| attached to an automobile but is not essential to the basic function | ||
| of an automobile. The term includes aftermarket modifications and | ||
| electronics, cleaning products, floor mats, air fresheners, paint, | ||
| and window tinting. | ||
| SECTION 2. Section 151.801, Tax Code, is amended by | ||
| amending Subsections (a) and (d) and adding Subsection (b-1) to | ||
| read as follows: | ||
| (a) Except for the amounts allocated under Subsections (b), | ||
| (b-1), and (c), all proceeds from the collection of the taxes | ||
| imposed by this chapter shall be deposited to the credit of the | ||
| general revenue fund. | ||
| (b-1) The amount of the proceeds from the collection of the | ||
| taxes imposed by this chapter on the sale, storage, or use of new | ||
| and used motor vehicle tires, new and used motor vehicle parts, and | ||
| new automotive accessories shall be deposited to the credit of the | ||
| state highway fund. | ||
| (d) The comptroller shall determine the amount to be | ||
| deposited to the highway fund under Subsections [ |
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| and (b-1) according to available statistical data indicating the | ||
| estimated average or actual consumption or sales of lubricants used | ||
| to propel motor vehicles over the public roadways, new and used | ||
| motor vehicle tires, new and used motor vehicle parts, and new | ||
| automotive accessories. The comptroller shall determine the | ||
| amounts to be deposited to the funds or accounts under Subsection | ||
| (c) according to available statistical data indicating the | ||
| estimated or actual total receipts in this state from taxable sales | ||
| of sporting goods. If satisfactory data are not available, the | ||
| comptroller may require taxpayers who make taxable sales or uses of | ||
| those lubricants, motor vehicle tires, motor vehicle parts, | ||
| automotive accessories, or [ |
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| comptroller as necessary to make the allocation required by | ||
| Subsection (b), (b-1), or (c). | ||
| SECTION 3. Section 162.5045, Tax Code, is amended to read as | ||
| follows: | ||
| Sec. 162.5045. ALLOCATION OF TAXES PAID ON UNDYED DIESEL | ||
| FUEL USED OFF-HIGHWAY. On or before the fifth workday after the end | ||
| of each month, the comptroller shall determine as accurately as | ||
| possible for the period since the latest determination under this | ||
| section the number of gallons of undyed diesel fuel used for | ||
| purposes other than to propel a motor vehicle on the public highways | ||
| of this state. From the number of gallons so determined, the | ||
| comptroller shall compute the amount of taxes that were paid on that | ||
| undyed diesel fuel and shall allocate and deposit that amount to the | ||
| credit of the state highway [ |
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| SECTION 4. Section 201.115(d), Transportation Code, is | ||
| amended to read as follows: | ||
| (d) Notwithstanding Section 222.001, money in the state | ||
| highway fund may be used to repay a loan under this section, if | ||
| permissible under the Texas Constitution and appropriated by the | ||
| legislature for that purpose. | ||
| SECTION 5. Section 222.001, Transportation Code, is amended | ||
| by amending Subsection (a) and adding Subsection (c) to read as | ||
| follows: | ||
| (a) Money that is required to be used for public roadways by | ||
| the Texas Constitution or federal law and that is deposited in the | ||
| state treasury to the credit of the state highway fund, including | ||
| money deposited to the credit of the state highway fund under Title | ||
| 23, United States Code, may be used only: | ||
| (1) to improve the state highway system; or | ||
| (2) to mitigate adverse environmental effects that | ||
| result directly from construction or maintenance of a state highway | ||
| by the department[ |
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| (c) Except as otherwise provided by this code, money in the | ||
| state highway fund that is not described by Subsection (a) may be | ||
| used only to improve the state highway system. | ||
| SECTION 6. Section 222.073, Transportation Code, is amended | ||
| to read as follows: | ||
| Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. To the | ||
| extent permissible under [ |
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| commission shall use money deposited in the bank to: | ||
| (1) encourage public and private investment in | ||
| transportation facilities both within and outside of the state | ||
| highway system, including facilities that contribute to the | ||
| multimodal and intermodal transportation capabilities of the | ||
| state; and | ||
| (2) develop financing techniques designed to: | ||
| (A) expand the availability of funding for | ||
| transportation projects and to reduce direct state costs; | ||
| (B) maximize private and local participation in | ||
| financing projects; and | ||
| (C) improve the efficiency of the state | ||
| transportation system. | ||
| SECTION 7. Section 222.002, Transportation Code, is | ||
| repealed. | ||
| SECTION 8. This Act takes effect September 1, 2015, but only | ||
| if the constitutional amendment proposed by the 83rd Legislature, | ||
| 1st Called Session, 2013, prescribing the purposes for which | ||
| revenue from motor vehicle registration fees, taxes on motor fuels | ||
| and lubricants, motor vehicle tires and parts, and automotive | ||
| accessories, and certain revenues received from the federal | ||
| government may be used is approved by the voters. If that amendment | ||
| is not approved by the voters, this Act has no effect. | ||
