By: Villarreal H.B. No. 1674
A BILL TO BE ENTITLED
AN ACT
relating to funding for county transportation needs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 14, Local Government Code, is
amended by adding Chapter 446 to read as follows:
CHAPTER 446. FUNDING FOR COUNTY TRANSPORTATION NEEDS
Sec. 446.001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of
Transportation.
(2) "Metropolitan planning organization" has the
meaning assigned by Section 472.031, Transportation Code.
Sec. 446.002. APPLICABILITY OF CHAPTER. This chapter
applies only to a county with a population of at least 1.3 million
that contains a municipality in which at least 75 percent of the
county's population resides.
Sec. 446.003. REDUCTION OF TRADITIONAL TRANSPORTATION
FUNDING PROHIBITED. (a) A county may not be penalized with a
reduction in traditional transportation funding because of the
imposition of an additional transportation funding source under
this chapter.
(b) The department may not reduce any allocation of
traditional transportation funding to any of its districts because
of a district including a county that imposes an additional
transportation funding source under this chapter.
(c) A county or another entity funding transportation in the
county may not reduce traditional transportation funding because
the county imposes an additional transportation funding source
under this chapter.
Sec. 446.004. CALLING OF ELECTION. (a) The commissioners
court of a county by order may call an election on the issue of
authorizing one or more additional revenue sources in the county
to:
(1) acquire, construct, develop, own, operate, and
maintain passenger rail, transit, roadway, and freight rail
facilities and sidewalks, hiking trails and biking trails;
(2) fund operations, maintenance, capital, and debt
service expenses for passenger rail, transit, roadways, freight
rail, sidewalks, hiking trails and biking trails; and
(3) contract with a transportation authority or
transportation provider for a purpose authorized under Chapter 451,
Transportation Code, including providing mobility services and
implementing transportation projects except as prohibited by Sec.
446.009 of this chapter.
(b) The commissioners court shall call an election on the
issue described by Subsection (a) on receipt of a resolution
requesting that the election be called adopted by the governing
body of an advanced transportation district as defined by
Subchapter O, Chapter 451, Transportation Code, or a successor to
such a district, that is located partially or completely in the
county.
(c) The commissioners court may adopt an order under this
section only after holding a public hearing on the issue.
Sec. 446.005. ELECTION ORDER. An order under Section
446.004 calling an election must:
(1) designate each additional revenue source and the
proposed rate or amount of the source to be used to fund capital
construction of a transportation project and, if applicable, a
separate and corresponding proposed rate or amount for maintenance
and operation of the project;
(2) list the proposed transportation projects to be
funded with each additional revenue source and require that the
ballots for the election be prepared so that the voters are
permitted to vote on each project separately;
(3) list the estimated cost of and completion date for
the capital construction of each proposed transportation project;
(4) list the date on which the proposed rate or amount
for the capital construction of a transportation project is
expected to expire; and
(5) if applicable, list the estimated annual
maintenance and operation expenses for the transportation project
for which a rate or amount is proposed under Subdivision (1).
Sec. 446.006. ADDITIONAL REVENUE SOURCES. (a) The
additional revenue sources under Section 446.005 may include any
transportation-related revenue source the commissioners court
considers appropriate, including:
(1) a county motor vehicle registration fee, not to
exceed $150;
(2) a mileage fee based on the amount of miles traveled
by a motor vehicle registered to a county resident, not to exceed
one cent per vehicle mile traveled;
(3) an annual graduated fee based on the
classification of motor vehicles by cubic inches of cylinder
displacement, not to exceed $350;
(4) an annual mitigation fee based on the
environmental impact of emissions from a motor vehicle operated by
a county resident, not to exceed $250;
(5) a fee on a driver's license issued to a county
resident, not to exceed $50; and
(6) a roadway impact fee for the initial registration
in the county of a motor vehicle previously registered in another
state or county, not to exceed $250.
(b) Chapter 395 does not apply to a fee imposed under
Subsection (a)(4) or (6).
(c) Before imposing a fee under Subsection (a)(3), the
commissioners court by order shall adopt a schedule of fees for
motor vehicles based on classification by cubic inches of cylinder
displacement.
(d) Before imposing a fee under Subsection (a)(4), the
commissioners court by order shall adopt a schedule of fees for
motor vehicles based on classification by the environmental impact
of emissions from motor vehicles.
(e) A county imposing a fee under Subsection (a)(2) may base
the fee on an estimated or averaged number of miles traveled or on
actual miles traveled. If the county bases the fee on an estimated
or averaged number, the county may develop and implement a rebate
system for county residents who, after paying the fee at least once,
can provide evidence satisfactory to the county that the actual
number of vehicle miles traveled by the resident's vehicle is less
than the estimated or averaged number.
Sec. 446.007. IMPOSITION OF ADDITIONAL REVENUE SOURCE. (a)
The commissioners court by order shall impose an additional revenue
source approved at an election called under Section 446.004.
(b) At a minimum, the order imposing the additional revenue
source must specify:
(1) the rate of the additional revenue source, which
may not exceed the maximum rate approved at the election;
(2) the effective date of the additional revenue
source;
(3) the manner in which the additional revenue source
will be administered, collected, and enforced; and
(4) the transportation project or projects to be
funded with each additional revenue source.
(c) For any additional revenue source authorized by this
chapter, the commissioners court, after conducting a public
hearing, by order may establish an exemption, waiver, or partial
reduction for individuals of low income who demonstrate significant
financial hardship.
Sec. 446.008. PROJECT SELECTION. In determining the county
transportation projects to be funded with the additional revenue
sources authorized under this chapter, a county shall:
(1) consult with:
(A) the municipalities located in the county;
(B) the metropolitan planning organization for
the region in which the county is located;
(C) a regional mobility authority operating
under Chapter 370, Transportation Code, that serves the county; and
(D) a transit or transportation authority
created or operating under Chapter 451, 452, or 460, Transportation
Code, that serves the county;
(2) give first consideration to projects that connect
the most densely populated areas of the county with areas in which a
substantial percentage of the county's workforce is employed before
considering arterial projects; and
(3) consider the geographic location of other state or
federally funded transportation projects, advanced transportation
projects, and mobility enhancement projects so as to foster
geographic equity in the planning and development of the projects.
Sec. 446.009. FUNDING OF TOLL PROJECT PROHIBITED. A county
may not use money from an additional revenue source authorized
under this chapter:
(1) to acquire, construct, maintain, or otherwise
directly fund a toll project; or
(2) for a transportation project if the money is used
in order to reallocate other revenue toward a toll project.
SECTION 2. Section 502.003(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b) and by Chapter 446,
Local Government Code, a political subdivision of this state may
not require an owner of a motor vehicle to:
(1) register the vehicle;
(2) pay a motor vehicle registration fee; or
(3) pay an occupation tax or license fee in connection
with a motor vehicle.
SECTION 3. (a) Except as otherwise provided by this
section, this Act takes effect January 1, 2010.
(b) A vehicle registration fee authorized by this Act may be
imposed only if the constitutional amendment proposed by the 81st
Legislature, Regular Session, 2009, allowing the expenditure of
vehicle registration fees to construct, maintain, and operate
passenger rail, transit, and freight rail is approved by the
voters. If that amendment is not approved by the voters, a vehicle
registration fee authorized by this Act may not be imposed.