Texas 2009 - 81st Regular

Texas House Bill HB1674 Compare Versions

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

Old	New	Differences
1	1	By: Villarreal H.B. No. 1674
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to funding for county transportation needs.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle B, Title 14, Local Government Code, is
9	9	amended by adding Chapter 446 to read as follows:
10	10	CHAPTER 446. FUNDING FOR COUNTY TRANSPORTATION NEEDS
11	11	Sec. 446.001. DEFINITIONS. In this chapter:
12	12	(1) "Department" means the Texas Department of
13	13	Transportation.
14	14	(2) "Metropolitan planning organization" has the
15	15	meaning assigned by Section 472.031, Transportation Code.
16	16	Sec. 446.002. APPLICABILITY OF CHAPTER. This chapter
17	17	applies only to a county with a population of at least 1.3 million
18	18	that contains a municipality in which at least 75 percent of the
19	19	county's population resides.
20	20	Sec. 446.003. REDUCTION OF TRADITIONAL TRANSPORTATION
21	21	FUNDING PROHIBITED. (a) A county may not be penalized with a
22	22	reduction in traditional transportation funding because of the
23	23	imposition of an additional transportation funding source under
24	24	this chapter.
25	25	(b) The department may not reduce any allocation of
26	26	traditional transportation funding to any of its districts because
27	27	of a district including a county that imposes an additional
28	28	transportation funding source under this chapter.
29	29	(c) A county or another entity funding transportation in the
30	30	county may not reduce traditional transportation funding because
31	31	the county imposes an additional transportation funding source
32	32	under this chapter.
33	33	Sec. 446.004. CALLING OF ELECTION. (a) The commissioners
34	34	court of a county by order may call an election on the issue of
35	35	authorizing one or more additional revenue sources in the county
36	36	to:
37	37	(1) acquire, construct, develop, own, operate, and
38	38	maintain passenger rail, transit, roadway, and freight rail
39	39	facilities and sidewalks, hiking trails and biking trails;
40	40	(2) fund operations, maintenance, capital, and debt
41	41	service expenses for passenger rail, transit, roadways, freight
42	42	rail, sidewalks, hiking trails and biking trails; and
43	43	(3) contract with a transportation authority or
44	44	transportation provider for a purpose authorized under Chapter 451,
45	45	Transportation Code, including providing mobility services and
46	46	implementing transportation projects except as prohibited by Sec.
47	47	446.009 of this chapter.
48	48	(b) The commissioners court shall call an election on the
49	49	issue described by Subsection (a) on receipt of a resolution
50	50	requesting that the election be called adopted by the governing
51	51	body of an advanced transportation district as defined by
52	52	Subchapter O, Chapter 451, Transportation Code, or a successor to
53	53	such a district, that is located partially or completely in the
54	54	county.
55	55	(c) The commissioners court may adopt an order under this
56	56	section only after holding a public hearing on the issue.
57	57	Sec. 446.005. ELECTION ORDER. An order under Section
58	58	446.004 calling an election must:
59	59	(1) designate each additional revenue source and the
60	60	proposed rate or amount of the source to be used to fund capital
61	61	construction of a transportation project and, if applicable, a
62	62	separate and corresponding proposed rate or amount for maintenance
63	63	and operation of the project;
64	64	(2) list the proposed transportation projects to be
65	65	funded with each additional revenue source and require that the
66	66	ballots for the election be prepared so that the voters are
67	67	permitted to vote on each project separately;
68	68	(3) list the estimated cost of and completion date for
69	69	the capital construction of each proposed transportation project;
70	70	(4) list the date on which the proposed rate or amount
71	71	for the capital construction of a transportation project is
72	72	expected to expire; and
73	73	(5) if applicable, list the estimated annual
74	74	maintenance and operation expenses for the transportation project
75	75	for which a rate or amount is proposed under Subdivision (1).
76	76	Sec. 446.006. ADDITIONAL REVENUE SOURCES. (a) The
77	77	additional revenue sources under Section 446.005 may include any
78	78	transportation-related revenue source the commissioners court
79	79	considers appropriate, including:
80	80	(1) a county motor vehicle registration fee, not to
81	81	exceed $150;
82	82	(2) a mileage fee based on the amount of miles traveled
83	83	by a motor vehicle registered to a county resident, not to exceed
84	84	one cent per vehicle mile traveled;
85	85	(3) an annual graduated fee based on the
86	86	classification of motor vehicles by cubic inches of cylinder
87	87	displacement, not to exceed $350;
88	88	(4) an annual mitigation fee based on the
89	89	environmental impact of emissions from a motor vehicle operated by
90	90	a county resident, not to exceed $250;
91	91	(5) a fee on a driver's license issued to a county
92	92	resident, not to exceed $50; and
93	93	(6) a roadway impact fee for the initial registration
94	94	in the county of a motor vehicle previously registered in another
95	95	state or county, not to exceed $250.
96	96	(b) Chapter 395 does not apply to a fee imposed under
97	97	Subsection (a)(4) or (6).
98	98	(c) Before imposing a fee under Subsection (a)(3), the
99	99	commissioners court by order shall adopt a schedule of fees for
100	100	motor vehicles based on classification by cubic inches of cylinder
101	101	displacement.
102	102	(d) Before imposing a fee under Subsection (a)(4), the
103	103	commissioners court by order shall adopt a schedule of fees for
104	104	motor vehicles based on classification by the environmental impact
105	105	of emissions from motor vehicles.
106	106	(e) A county imposing a fee under Subsection (a)(2) may base
107	107	the fee on an estimated or averaged number of miles traveled or on
108	108	actual miles traveled. If the county bases the fee on an estimated
109	109	or averaged number, the county may develop and implement a rebate
110	110	system for county residents who, after paying the fee at least once,
111	111	can provide evidence satisfactory to the county that the actual
112	112	number of vehicle miles traveled by the resident's vehicle is less
113	113	than the estimated or averaged number.
114	114	Sec. 446.007. IMPOSITION OF ADDITIONAL REVENUE SOURCE. (a)
115	115	The commissioners court by order shall impose an additional revenue
116	116	source approved at an election called under Section 446.004.
117	117	(b) At a minimum, the order imposing the additional revenue
118	118	source must specify:
119	119	(1) the rate of the additional revenue source, which
120	120	may not exceed the maximum rate approved at the election;
121	121	(2) the effective date of the additional revenue
122	122	source;
123	123	(3) the manner in which the additional revenue source
124	124	will be administered, collected, and enforced; and
125	125	(4) the transportation project or projects to be
126	126	funded with each additional revenue source.
127	127	(c) For any additional revenue source authorized by this
128	128	chapter, the commissioners court, after conducting a public
129	129	hearing, by order may establish an exemption, waiver, or partial
130	130	reduction for individuals of low income who demonstrate significant
131	131	financial hardship.
132	132	Sec. 446.008. PROJECT SELECTION. In determining the county
133	133	transportation projects to be funded with the additional revenue
134	134	sources authorized under this chapter, a county shall:
135	135	(1) consult with:
136	136	(A) the municipalities located in the county;
137	137	(B) the metropolitan planning organization for
138	138	the region in which the county is located;
139	139	(C) a regional mobility authority operating
140	140	under Chapter 370, Transportation Code, that serves the county; and
141	141	(D) a transit or transportation authority
142	142	created or operating under Chapter 451, 452, or 460, Transportation
143	143	Code, that serves the county;
144	144	(2) give first consideration to projects that connect
145	145	the most densely populated areas of the county with areas in which a
146	146	substantial percentage of the county's workforce is employed before
147	147	considering arterial projects; and
148	148	(3) consider the geographic location of other state or
149	149	federally funded transportation projects, advanced transportation
150	150	projects, and mobility enhancement projects so as to foster
151	151	geographic equity in the planning and development of the projects.
152	152	Sec. 446.009. FUNDING OF TOLL PROJECT PROHIBITED. A county
153	153	may not use money from an additional revenue source authorized
154	154	under this chapter:
155	155	(1) to acquire, construct, maintain, or otherwise
156	156	directly fund a toll project; or
157	157	(2) for a transportation project if the money is used
158	158	in order to reallocate other revenue toward a toll project.
159	159	SECTION 2. Section 502.003(a), Transportation Code, is
160	160	amended to read as follows:
161	161	(a) Except as provided by Subsection (b) and by Chapter 446,
162	162	Local Government Code, a political subdivision of this state may
163	163	not require an owner of a motor vehicle to:
164	164	(1) register the vehicle;
165	165	(2) pay a motor vehicle registration fee; or
166	166	(3) pay an occupation tax or license fee in connection
167	167	with a motor vehicle.
168	168	SECTION 3. (a) Except as otherwise provided by this
169	169	section, this Act takes effect January 1, 2010.
170	170	(b) A vehicle registration fee authorized by this Act may be
171	171	imposed only if the constitutional amendment proposed by the 81st
172	172	Legislature, Regular Session, 2009, allowing the expenditure of
173	173	vehicle registration fees to construct, maintain, and operate
174	174	passenger rail, transit, and freight rail is approved by the
175	175	voters. If that amendment is not approved by the voters, a vehicle
176	176	registration fee authorized by this Act may not be imposed.