| 1 | 1 | | 81R5827 ACP/CBH-F |
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| 2 | 2 | | By: Harper-Brown H.B. No. 3932 |
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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 the establishment of a road user fee pilot program by |
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| 8 | 8 | | the Texas Department of Transportation. |
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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. Chapter 222, Transportation Code, is amended by |
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| 11 | 11 | | adding Subchapter F to read as follows: |
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| 12 | 12 | | SUBCHAPTER F. ROAD USER FEE PILOT PROGRAM |
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| 13 | 13 | | Sec. 222.151. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Diesel fuel" has the meaning assigned by Section |
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| 15 | 15 | | 162.001, Tax Code. |
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| 16 | 16 | | (2) "Gasoline" has the meaning assigned by Section |
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| 17 | 17 | | 162.001, Tax Code. |
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| 18 | 18 | | (3) "Program" means a road user fee pilot program |
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| 19 | 19 | | established under this subchapter. |
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| 20 | 20 | | Sec. 222.152. PROGRAM ESTABLISHED. (a) Except as provided |
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| 21 | 21 | | by Subsection (b), the department by rule shall establish a pilot |
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| 22 | 22 | | program in at least one county that is part of a regional mobility |
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| 23 | 23 | | authority established or operating under Chapter 370 to study the |
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| 24 | 24 | | feasibility of assessing a road user fee that is based on the number |
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| 25 | 25 | | of miles traveled in this state by a motor vehicle. |
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| 26 | 26 | | (b) The department may not establish the program in a county |
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| 27 | 27 | | without the approval of the commissioners court of that county. |
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| 28 | 28 | | Sec. 222.153. AMOUNT OF ROAD USER FEE. (a) The department |
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| 29 | 29 | | by rule shall set the amount of the road user fee on a per mile |
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| 30 | 30 | | basis. |
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| 31 | 31 | | (b) In prescribing the amount of the fee, the department |
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| 32 | 32 | | shall determine the average amount of taxes imposed under Chapter |
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| 33 | 33 | | 162, Tax Code, per mile on gasoline or diesel fuel used to propel an |
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| 34 | 34 | | average motor vehicle over the public roadways of this state. |
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| 35 | 35 | | (c) The department shall set the fee in an amount equal to |
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| 36 | 36 | | the amount determined under Subsection (b). |
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| 37 | 37 | | (d) The department shall allow a person who participates in |
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| 38 | 38 | | the program a credit against the fee imposed for use of a motor |
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| 39 | 39 | | vehicle equal to the amount of any taxes paid under Chapter 162, |
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| 40 | 40 | | Tax Code, for gasoline or diesel fuel used in the vehicle during the |
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| 41 | 41 | | period on which the amount of the fee paid is based. |
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| 42 | 42 | | Sec. 222.154. DEPOSIT OF NET REVENUE. The department shall |
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| 43 | 43 | | deposit the net revenue from the fee imposed under this subchapter |
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| 44 | 44 | | to the credit of the state highway fund. |
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| 45 | 45 | | Sec. 222.155. ELIGIBILITY. In establishing the pilot |
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| 46 | 46 | | program, the department shall consult with the regional mobility |
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| 47 | 47 | | authority of which the county is a part to develop criteria for |
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| 48 | 48 | | voluntary program participation. The criteria must include |
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| 49 | 49 | | requirements that a person must: |
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| 50 | 50 | | (1) reside in a county that is participating in the |
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| 51 | 51 | | program; |
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| 52 | 52 | | (2) possess a valid driver's license issued to that |
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| 53 | 53 | | person by this state; |
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| 54 | 54 | | (3) own a motor vehicle that is registered in this |
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| 55 | 55 | | state; and |
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| 56 | 56 | | (4) agree to rules adopted by the department. |
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| 57 | 57 | | Sec. 222.156. CONTRACTS. The department may contract with |
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| 58 | 58 | | the regional mobility authority of which the county is a part or The |
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| 59 | 59 | | Texas A&M University System, or both, to implement or administer |
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| 60 | 60 | | all or any part of the program. |
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| 61 | 61 | | Sec. 222.157. PROMOTION OF PROGRAM. Notwithstanding |
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| 62 | 62 | | Chapter 2113, Government Code, the department or an entity with |
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| 63 | 63 | | which the department contracts under Section 222.156 may promote |
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| 64 | 64 | | the program by appropriate means, including advertising or |
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| 65 | 65 | | marketing as the department or the entity determines appropriate. |
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| 66 | 66 | | Sec. 222.158. REPORT. Not later than January 31, 2012, the |
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| 67 | 67 | | department shall submit to the legislature a report that includes |
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| 68 | 68 | | recommendations regarding: |
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| 69 | 69 | | (1) the feasibility of assessing a road user fee that |
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| 70 | 70 | | is based on the number of miles traveled in this state by a motor |
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| 71 | 71 | | vehicle; and |
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| 72 | 72 | | (2) legislation to implement a road user fee in this |
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| 73 | 73 | | state. |
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| 74 | 74 | | Sec. 222.159. EXPIRATION. This subchapter expires |
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| 75 | 75 | | September 1, 2013. |
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| 76 | 76 | | SECTION 2. Not later than December 31, 2010, the Texas |
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| 77 | 77 | | Department of Transportation shall establish a pilot program as |
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| 78 | 78 | | required by Section 222.152, Transportation Code, as added by this |
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| 79 | 79 | | Act. |
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| 80 | 80 | | SECTION 3. This Act takes effect September 1, 2009. |
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