By: Hinojosa S.B. No. 294
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 by amending Subsections (a), (b), (d), (e), (f), and (g),
and adding Subsections (e-1), (f-1), (i), (j), (k), (l), and (m) to
read as follows:
(a) This section applies only to:
(1) a county:
(A) [(1)] that borders the United Mexican
States;
(B) [(2)] that has a population of more than
150,000 [300,000]; and
(C) [(3)] in which the largest municipality has a
population of less than 300,000;
(2) a county that has a population of at least 600,000
and borders the United Mexican States;
(3) a county with a population of more than 325,000
that is located adjacent to:
(A) an international border; and
(B) a county with a population of more than
550,000;
(4) a county with a population of more than one million
and in which more than 80 percent of the population resides in a
single municipality;
(5) a county for which a regional mobility authority
has been created under Chapter 370, and in which the principal
municipality:
(A) has a population of more than 650,000; and
(B) elected all members of its governing body at
large as of January 1, 2009; and
(6) a county, except for the second most populous
county served by the regional mobility authority described by
Subdivision (5), contiguous to a county described by Subdivision
(5) and served by the same metropolitan planning organization.
(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.
(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 (e).
(e) Subject to Subsection (e-1), a [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.
(e-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 (f-1), the fee may not be
removed until the bonds or other obligations secured by the pledge
or assignment have been paid or discharged.
(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. 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 (j) to promote and maintain a public purpose of the
county that involves funding long-term transportation projects in
the county; or
(3) 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 (j)
to promote and maintain a public purpose of the county.
(f-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 (f),
or a transportation governmental entity with which the county
contracts under Subsection (f) 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
(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 (f) or (f-1) [regional
mobility authority of the county to fund long-term transportation
projects in the county].
(i) 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.
(j) The department shall designate the governmental
entities that serve primarily a transportation function and with
which counties may contract under Subsection (f).
(k) Notwithstanding Subsection (b), 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.
(l) This subsection applies only if S.B. No. 855, Acts of
the 81st Legislature, Regular Session, 2009, or other similar
legislation providing for or authorizing the imposition of a
county, municipal, or other local vehicle registration fee for
transportation or mobility projects is enacted by the legislature
and becomes law, regardless of the relative dates of enactment. The
total amount of fees imposed under this section and under S.B. No.
855, Acts of the 81st Legislature, Regular Session, 2009, or other
similar legislation may not exceed $60. If S.B. No. 855, Acts of
the 81st Legislature, Regular Session, 2009, or other similar
legislation does not become law, this subsection expires January 1,
2011.
(m) Notwithstanding the authority under Subsection (b) to
impose the additional fee by order, the commissioners court of a
county to which Subsections (a)(3), (4), (5), or (6) applies must
call an election on the issue of imposing the additional fee under
this section. The election must be held on a uniform election date
under Section 41.001, Election Code. If a majority of the votes
cast at the election approve the imposition of the fee, the fee is
imposed. Notwithstanding Subsection (d), a fee imposed under this
subsection may take effect on January 1 or June 1 of a year and the
county must notify the department not later than four months before
the date on which the fee takes effect. Notwithstanding Subsection
(e), the county may order the fee removed and shall notify the
department not later than September 1 of the year preceding the year
in which the removal takes effect.
SECTION 3. Subdivisions (5) and (6), Subsection (a),
Section 502.1725, Transportation Code, as added by this Act, do not
take effect if S.B. No. 855, Acts of the 81st Legislature, Regular
Session, 2009, takes effect according to its terms.
SECTION 4. 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.