88R14394 JAM-D     By: Bucy H.B. No. 5215       A BILL TO BE ENTITLED   AN ACT   relating to the use of certain money transferred to and deposited in   the state highway fund as required by the Texas Constitution.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 162.503, Tax Code, is amended to read as   follows:          Sec. 162.503.  ALLOCATION OF GASOLINE TAX.  [(a)]  On or   before the fifth workday after the end of each month, the   comptroller, after making all deductions for refund purposes and   for the amounts allocated under Sections 162.502 and 162.5025,   shall allocate the net remainder of the taxes collected under   Subchapter B as follows:                (1)  one-fourth of the tax shall be deposited to the   credit of the available school fund;                (2)  one-half of the tax shall be deposited to the   credit of the state highway fund for the purposes authorized by   Section 7-a, Article VIII, Texas Constitution [construction and   maintenance of the state road system under existing law]; and                (3)  from the remaining one-fourth of the tax the   comptroller shall:                      (A)  deposit to the credit of the county and road   district highway fund all the remaining tax receipts until a total   of $7,300,000 has been credited to the fund each fiscal year; and                      (B)  after the amount required to be deposited to   the county and road district highway fund has been deposited,   deposit to the credit of the state highway fund the remainder of the   one-fourth of the tax, the amount to be provided on the basis of   allocations made each month of the fiscal year, which sum shall be   used by the Texas Department of Transportation for the   construction, improvement, and maintenance of farm-to-market   roads.          SECTION 2.  Section 201.002(c), Transportation Code, is   amended to read as follows:          (c)  All money authorized to be appropriated in accordance   with this section for the operation of the department and the   purchase of equipment shall be appropriated from the state highway   fund.  The commission shall use the amount remaining in the fund   for the furtherance of public road construction and for   establishing a system of state highways and for transit-oriented   projects.          SECTION 3.  Section 202.002(a), Transportation Code, is   amended to read as follows:          (a)  The commission shall use automobile registration fees   in the state highway fund for the purposes authorized by Section   7-a, Article VIII, Texas Constitution, [to maintain state highways]   and may not divert funds from automobile registration fees for   another use.          SECTION 4.  Section 222.001, Transportation Code, is amended   by amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Money that is required to be used for public roadways by   the Texas Constitution, except for Section 7-a, Article VIII, 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.          (a-1)  Money that is required to be used for public roadways   and transit-oriented projects by the Texas Constitution and that is   deposited in the state treasury to the credit of the state highway   fund may be used only to:                (1)  improve the state highway system;                 (2)  support transit-oriented projects; or                (3)  mitigate adverse environmental effects that   result directly from construction or maintenance of a project   described by Subdivision (1) or (2).          SECTION 5.  Section 222.002, Transportation Code, is amended   to read as follows:          Sec. 222.002.  USE OF STATE HIGHWAY FUND FOR DEPARTMENT   FUNCTIONS.  Money in the state highway fund that is not required to   be spent for public roadways or transit-oriented projects by the   Texas Constitution or federal law may be used for any function   performed by the department.          SECTION 6.  This Act takes effect September 1, 2025, but only   if the constitutional amendment proposed by the 88th Legislature,   Regular Session, 2023, authorizing the use of money in the state   highway fund for transit-oriented projects is approved by the   voters.  If that amendment is not approved by the voters, this Act   has no effect.