81R5827 ACP/CBH-F
By: Harper-Brown H.B. No. 3932
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a road user fee pilot program by
the Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 222, Transportation Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. ROAD USER FEE PILOT PROGRAM
Sec. 222.151. DEFINITIONS. In this subchapter:
(1) "Diesel fuel" has the meaning assigned by Section
162.001, Tax Code.
(2) "Gasoline" has the meaning assigned by Section
162.001, Tax Code.
(3) "Program" means a road user fee pilot program
established under this subchapter.
Sec. 222.152. PROGRAM ESTABLISHED. (a) Except as provided
by Subsection (b), the department by rule shall establish a pilot
program in at least one county that is part of a regional mobility
authority established or operating under Chapter 370 to study the
feasibility of assessing a road user fee that is based on the number
of miles traveled in this state by a motor vehicle.
(b) The department may not establish the program in a county
without the approval of the commissioners court of that county.
Sec. 222.153. AMOUNT OF ROAD USER FEE. (a) The department
by rule shall set the amount of the road user fee on a per mile
basis.
(b) In prescribing the amount of the fee, the department
shall determine the average amount of taxes imposed under Chapter
162, Tax Code, per mile on gasoline or diesel fuel used to propel an
average motor vehicle over the public roadways of this state.
(c) The department shall set the fee in an amount equal to
the amount determined under Subsection (b).
(d) The department shall allow a person who participates in
the program a credit against the fee imposed for use of a motor
vehicle equal to the amount of any taxes paid under Chapter 162,
Tax Code, for gasoline or diesel fuel used in the vehicle during the
period on which the amount of the fee paid is based.
Sec. 222.154. DEPOSIT OF NET REVENUE. The department shall
deposit the net revenue from the fee imposed under this subchapter
to the credit of the state highway fund.
Sec. 222.155. ELIGIBILITY. In establishing the pilot
program, the department shall consult with the regional mobility
authority of which the county is a part to develop criteria for
voluntary program participation. The criteria must include
requirements that a person must:
(1) reside in a county that is participating in the
program;
(2) possess a valid driver's license issued to that
person by this state;
(3) own a motor vehicle that is registered in this
state; and
(4) agree to rules adopted by the department.
Sec. 222.156. CONTRACTS. The department may contract with
the regional mobility authority of which the county is a part or The
Texas A&M University System, or both, to implement or administer
all or any part of the program.
Sec. 222.157. PROMOTION OF PROGRAM. Notwithstanding
Chapter 2113, Government Code, the department or an entity with
which the department contracts under Section 222.156 may promote
the program by appropriate means, including advertising or
marketing as the department or the entity determines appropriate.
Sec. 222.158. REPORT. Not later than January 31, 2012, the
department shall submit to the legislature a report that includes
recommendations regarding:
(1) the feasibility of assessing a road user fee that
is based on the number of miles traveled in this state by a motor
vehicle; and
(2) legislation to implement a road user fee in this
state.
Sec. 222.159. EXPIRATION. This subchapter expires
September 1, 2013.
SECTION 2. Not later than December 31, 2010, the Texas
Department of Transportation shall establish a pilot program as
required by Section 222.152, Transportation Code, as added by this
Act.
SECTION 3. This Act takes effect September 1, 2009.