Texas 2009 - 81st Regular

Texas House Bill HB2138 Compare Versions

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

Old	New	Differences
1	1	81R3268 JAM-D
2	2	By: McClendon H.B. No. 2138
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain fees imposed in connection with the operation
8	8	of overweight and oversize vehicles.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 623, Transportation Code,
11	11	is amended by adding Section 623.002 to read as follows:
12	12	Sec. 623.002. EVALUATION OF PERMIT FEES. (a) The
13	13	department shall evaluate highway use by vehicles issued a permit
14	14	under this chapter and determine whether the fees charged for the
15	15	permits are adequate to offset the costs of additional damage to the
16	16	highways caused by those vehicles and recommend any fee adjustments
17	17	for the permits to reflect the costs of damage to highways caused by
18	18	those vehicles.
19	19	(b) Not later than October 1 of each even-numbered year, the
20	20	department shall report its findings to the Legislative Budget
21	21	Board.
22	22	SECTION 2. Section 623.077, Transportation Code, is amended
23	23	to read as follows:
24	24	Sec. 623.077. HIGHWAY MAINTENANCE FEE. (a) An applicant
25	25	for a permit under this subchapter, other than a permit under
26	26	Section 623.071(c)(3), must also pay a highway maintenance fee in
27	27	an amount determined according to vehicle weight and distance
28	28	traveled. [the following table:
29	29	[Vehicle Weight in Pounds Fee [Vehicle Weight in Pounds Fee
30	30	[Vehicle Weight in Pounds Fee
31	31	[80,001 to 120,000 $150 [80,001 to 120,000 $150
32	32	[80,001 to 120,000 $150
33	33	[120,001 to 160,000 $225 [120,001 to 160,000 $225
34	34	[120,001 to 160,000 $225
35	35	[160,001 to 200,000 $300 [160,001 to 200,000 $300
36	36	[160,001 to 200,000 $300
37	37	[200,001 and above $375] [200,001 and above $375]
38	38	[200,001 and above $375]
39	39	(b) The department shall adopt rules to implement this
40	40	section and establish a schedule of rates, based on miles traveled,
41	41	for all vehicle weight categories that:
42	42	(1) provides for an increase in the rates according to
43	43	the weight of a vehicle; and
44	44	(2) does not result in an increase or decrease in the
45	45	amount of revenue realized from the collection of highway
46	46	maintenance fees in the state fiscal year that began on September 1,
47	47	2008.
48	48	(c) The department shall send each fee collected under
49	49	Subsection (a) to the comptroller for deposit to the credit of the
50	50	state highway fund.
51	51	SECTION 3. (a) The Texas Department of Transportation
52	52	shall adopt rules implementing Section 623.077, Transportation
53	53	Code, as amended by this Act, not later than January 1, 2010.
54	54	(b) Section 623.077(a), Transportation Code, as amended by
55	55	this Act, applies only to an application for a permit submitted
56	56	under Subchapter D, Chapter 623, Transportation Code, to the Texas
57	57	Department of Transportation on or after January 1, 2010. An
58	58	application for a permit submitted before January 1, 2010, is
59	59	governed by the law in effect on the date the application was
60	60	submitted, and that law is continued in effect for that purpose.
61	61	SECTION 4. This Act takes effect September 1, 2009.
62	62
63	63	[Vehicle Weight in Pounds Fee
64	64
65	65	[80,001 to 120,000 $150
66	66
67	67	[120,001 to 160,000 $225
68	68
69	69	[160,001 to 200,000 $300
70	70
71	71	[200,001 and above $375]