| 1 | 1 | | 81R2769 E |
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| 2 | 2 | | By: Gonzalez Toureilles H.B. No. 1716 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to optional fees on the registration of a vehicle imposed |
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| 8 | 8 | | by a county. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 502.172(a), Transportation Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The commissioners court of a county by order may impose |
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| 13 | 13 | | an additional fee, not to exceed $15 [$10], for registering a |
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| 14 | 14 | | vehicle in the county. |
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| 15 | 15 | | SECTION 2. Section 502.1725, Transportation Code, is |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | Sec. 502.1725. OPTIONAL COUNTY FEE FOR TRANSPORTATION |
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| 18 | 18 | | PROJECTS. (a) [This section applies only to a county: |
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| 19 | 19 | | [(1) that borders the United Mexican States; |
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| 20 | 20 | | [(2) that has a population of more than 300,000; and |
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| 21 | 21 | | [(3) in which the largest municipality has a |
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| 22 | 22 | | population of less than 300,000. |
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| 23 | 23 | | [(b)] The commissioners court of a county by order may |
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| 24 | 24 | | impose an additional fee, not to exceed $50 [$10], for registering a |
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| 25 | 25 | | vehicle in the county. |
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| 26 | 26 | | (b) [(c)] A vehicle that may be registered under this |
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| 27 | 27 | | chapter without payment of a registration fee may be registered in a |
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| 28 | 28 | | county imposing a fee under this section without payment of the |
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| 29 | 29 | | additional fee. |
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| 30 | 30 | | (c) [(d)] A fee imposed under this section may take effect |
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| 31 | 31 | | only on January 1 of a year. The county must adopt the order and |
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| 32 | 32 | | notify the department not later than September 1 of the year |
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| 33 | 33 | | preceding the year in which the fee takes effect. |
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| 34 | 34 | | (d) [(e)] A fee imposed under this section may be |
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| 35 | 35 | | removed. The removal may take effect only on January 1 of a |
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| 36 | 36 | | year. A county may remove the fee only by: |
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| 37 | 37 | | (1) rescinding the order imposing the fee; and |
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| 38 | 38 | | (2) notifying the department not later than September |
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| 39 | 39 | | 1 of the year preceding the year in which the removal takes effect. |
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| 40 | 40 | | (e) [(f)] The county assessor-collector of a county |
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| 41 | 41 | | imposing a fee under this section shall collect the additional fee |
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| 42 | 42 | | for a vehicle when other fees imposed under this chapter are |
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| 43 | 43 | | collected. The county shall deposit [send] the fee revenue in a |
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| 44 | 44 | | special account in the county general fund. Money in the account may |
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| 45 | 45 | | be used only to contract with: |
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| 46 | 46 | | (1) [to] the regional mobility authority of the county |
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| 47 | 47 | | to promote and maintain a public purpose of the county that involves |
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| 48 | 48 | | funding [fund] long-term transportation projects in the county; or |
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| 49 | 49 | | (2) a transportation governmental entity designated |
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| 50 | 50 | | under Subsection (i) to promote and maintain a public purpose of the |
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| 51 | 51 | | county that involves funding long-term transportation projects in |
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| 52 | 52 | | the county. |
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| 53 | 53 | | (f) [(g)] The department shall collect the additional fee |
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| 54 | 54 | | on a vehicle that is owned by a resident of a county imposing a fee |
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| 55 | 55 | | under this section and that, under this chapter, must be registered |
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| 56 | 56 | | directly with the department. The department shall send all fees |
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| 57 | 57 | | collected for a county under this subsection to the county for |
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| 58 | 58 | | deposit and use as provided by Subsection (e) [regional mobility |
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| 59 | 59 | | authority of the county to fund long-term transportation projects |
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| 60 | 60 | | in the county]. |
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| 61 | 61 | | (g) [(h)] The department shall adopt rules and develop |
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| 62 | 62 | | forms necessary to administer registration by mail for a vehicle |
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| 63 | 63 | | being registered in a county imposing a fee under this section. |
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| 64 | 64 | | (h) The total amount of fees imposed by a commissioners |
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| 65 | 65 | | court of a county under this section and under Section 502.172 may |
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| 66 | 66 | | not exceed $65. |
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| 67 | 67 | | (i) The department shall designate the governmental |
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| 68 | 68 | | entities that serve primarily a transportation function and with |
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| 69 | 69 | | which counties may contract under Subsection (e). |
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| 70 | 70 | | SECTION 3. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2009. |
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