By: Hinojosa S.B. No. 294
(In the Senate - Filed November 13, 2008; February 11, 2009,
read first time and referred to Committee on Transportation and
Homeland Security; April 8, 2009, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6,
Nays 2; April 8, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 294 By: Watson
A BILL TO BE ENTITLED
AN ACT
relating to optional fees on the registration of a vehicle imposed
by a county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 502.172, Transportation
Code, is amended to read as follows:
(a) The commissioners court of a county by order may impose
an additional fee, not to exceed $15 [$10], for registering a
vehicle in the county.
SECTION 2. Section 502.1725, Transportation Code, is
amended to read as follows:
Sec. 502.1725. OPTIONAL COUNTY FEE FOR TRANSPORTATION
PROJECTS. (a) [This section applies only to a county:
[(1) that borders the United Mexican States;
[(2) that has a population of more than 300,000; and
[(3) in which the largest municipality has a
population of less than 300,000.
[(b)] The commissioners court of a county by order may
impose an additional fee, not to exceed $50 [$10], for registering a
vehicle in the county.
(b) [(c)] A vehicle that may be registered under this
chapter without payment of a registration fee may be registered in a
county imposing a fee under this section without payment of the
additional fee.
(c) [(d)] A fee imposed under this section may take effect
only on January 1 of a year. The county must adopt the order and
notify the department not later than September 1 of the year
preceding the year in which the fee takes effect. A fee imposed
under this section is not required to be annually reauthorized and
remains in effect until removed as provided by Subsection (d).
(d) Subject to Subsection (d-1), a [(e) A] fee imposed
under this section may be removed. The removal may take effect only
on January 1 of a year. A county may remove the fee only by:
(1) rescinding the order imposing the fee; and
(2) notifying the department not later than September
1 of the year preceding the year in which the removal takes effect.
(d-1) If the revenue from a fee imposed under this section
has been pledged or assigned to secure the payment of bonds or other
obligations as provided by Subsection (e-1), the fee may not be
removed until the bonds or other obligations secured by the pledge
or assignment have been paid or discharged.
(e) [(f)] The county assessor-collector of a county
imposing a fee under this section shall collect the additional fee
for a vehicle when other fees imposed under this chapter are
collected. The county shall deposit [send] the fee revenue in a
special account in the county general fund. Except as provided by
Subsection (j), money in the account may be used only to contract
with:
(1) [to] the regional mobility authority of the county
to promote and maintain a public purpose of the county that involves
funding [fund] long-term transportation projects in the county;
(2) a transportation governmental entity designated
under Subsection (i) to promote and maintain a public purpose of the
county that involves funding long-term transportation projects in
the county;
(3) a rural or urban transit district established
under Chapter 458 to promote and maintain a public purpose of the
county; or
(4) a public or private entity developing a long-term
transportation project in the county under an agreement with the
county, the regional mobility authority of the county, or a
transportation governmental entity designated under Subsection (i)
to promote and maintain a public purpose of the county.
(e-1) Revenue from a fee imposed under this section may be
pledged or assigned by the county, the regional mobility authority
of the county with which the county contracts under Subsection (e),
or a transportation governmental entity with which the county
contracts under Subsection (e) to secure the payment of bonds or
other obligations associated with the development of long-term
transportation projects in the county as provided by Subsection
(e).
(f) [(g)] The department shall collect the additional fee
on a vehicle that is owned by a resident of a county imposing a fee
under this section and that, under this chapter, must be registered
directly with the department. The department shall send all fees
collected for a county under this subsection to the county for
deposit and use as provided by Subsection (e) or (e-1) [regional
mobility authority of the county to fund long-term transportation
projects in the county].
(g) [(h)] The department shall adopt rules and develop
forms necessary to administer registration by mail for a vehicle
being registered in a county imposing a fee under this section.
(h) The total amount of fees imposed by the commissioners
court of a county under this section and under Section 502.172 may
not exceed $65.
(i) The department shall designate the governmental
entities that serve primarily a transportation function and with
which counties may contract under Subsection (e).
(j) A county imposing a fee under this section may send a
portion of the fee revenue to the municipalities in the county in
proportion to the population of each municipality to support public
transportation in the municipality provided by a rural or urban
transit district established under Chapter 458.
(k) Notwithstanding Subsection (a), the fee imposed by the
commissioners court of a county with a population of at least
600,000 and that is located on the international border may not
exceed $10.
SECTION 3. (a) Except as otherwise provided by this
section, this Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect September 1, 2009.
(b) A vehicle registration fee authorized by Section
502.1725, Transportation Code, as amended by this Act, may be used
as provided by Subdivision (3), Subsection (e), Section 502.1725,
and Subsection (j), Section 502.1725, Transportation Code, as added
by this Act, 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 Section 502.1725, Transportation
Code, as amended by this Act, may not be used as provided by
Subdivision (3), Subsection (e), Section 502.1725, and Subsection
(j), Section 502.1725, Transportation Code.
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