Texas 2009 - 81st Regular

Texas Senate Bill SB942 Compare Versions

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

Old	New	Differences
1	1	81R2275 JTS-D
2	2	By: Wentworth S.B. No. 942
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to local option methods for financing transportation
8	8	projects and services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Title 6, Transportation Code, is
11	11	amended to read as follows:
12	12	TITLE 6. ROADWAYS AND OTHER TRANSPORTATION INFRASTRUCTURE
13	13	SECTION 2. The heading to Subtitle J, Title 6,
14	14	Transportation Code, is amended to read as follows:
15	15	SUBTITLE J. LOCAL TRANSPORTATION INFRASTRUCTURE FUNDING OPTIONS
16	16	[ROAD UTILITY DISTRICTS]
17	17	SECTION 3. Subtitle J, Title 6, Transportation Code, is
18	18	amended by adding Chapter 442 to read as follows:
19	19	CHAPTER 442. COUNTY OPTIONS FOR FUNDING TRANSPORTATION
20	20	INFRASTRUCTURE AND SERVICES
21	21	SUBCHAPTER A. GENERAL PROVISIONS
22	22	Sec. 442.001. DEFINITION. In this chapter, "funding option"
23	23	means:
24	24	(1) a county gasoline and diesel fuel tax under
25	25	Subchapter B;
26	26	(2) a county motor vehicle sales tax under Subchapter
27	27	C;
28	28	(3) an additional county sales and use tax under
29	29	Subchapter D;
30	30	(4) a real estate transfer fee under Subchapter E;
31	31	(5) an additional vehicle registration fee under
32	32	Subchapter F;
33	33	(6) a passenger motor vehicle sales fee under
34	34	Subchapter G; or
35	35	(7) a miscellaneous fee under Subchapter H.
36	36	Sec. 442.002. IMPLEMENTATION OF OPTION BY GOVERNING BODY OR
37	37	VOTER APPROVAL. A county may exercise a funding option under this
38	38	chapter if:
39	39	(1) the commissioners court of the county by order
40	40	imposes the option; or
41	41	(2) the commissioners court by order calls an election
42	42	to be held in the county for that purpose and the imposition of the
43	43	option is approved by a majority of the voters of the county voting
44	44	at that election.
45	45	Sec. 442.003. CONTENTS OF ORDER; BALLOT LANGUAGE. (a) At a
46	46	minimum, an order imposing one or more funding options or calling an
47	47	election to approve the imposition of one or more funding options
48	48	must:
49	49	(1) designate each funding option;
50	50	(2) specify:
51	51	(A) the rate or amount of each funding option;
52	52	(B) the effective date of the imposition of each
53	53	funding option; and
54	54	(C) the manner in which each funding option will
55	55	be administered, collected, and enforced; and
56	56	(3) for an order to call an election, allow the voters
57	57	to vote for or against each funding option separately.
58	58	(b) The order calling the election may:
59	59	(1) specify one or more county transportation projects
60	60	or services to which revenue from a proposed funding option will be
61	61	dedicated; or
62	62	(2) provide that a funding option will expire when the
63	63	associated transportation project is completed.
64	64	(c) At an election to impose a proposed funding option under
65	65	Section 442.002(2), the ballot proposition must specify the rate of
66	66	the tax or amount of the fee, as applicable.
67	67	Sec. 442.004. ABOLITION OF FUNDING OPTION, CHANGE IN RATE
68	68	OR AMOUNT, OR CHANGE IN DEDICATION. (a) A commissioners court by
69	69	order may:
70	70	(1) abolish one or more funding options previously
71	71	imposed by order under Section 442.002(1);
72	72	(2) increase or decrease the rate or amount of one or
73	73	more funding options previously imposed under that section;
74	74	(3) decrease the rate or amount of one or more funding
75	75	options previously approved at an election; or
76	76	(4) call an election on the issue of:
77	77	(A) abolishing one or more funding options
78	78	previously approved at an election;
79	79	(B) increasing or decreasing the maximum rate or
80	80	amount of one or more funding options previously approved at an
81	81	election; or
82	82	(C) changing the dedication of one or more
83	83	funding options approved at an election.
84	84	(b) A commissioners court shall call an election under
85	85	Subsection (a)(4) if the commissioners court receives a petition
86	86	requesting the election signed by a number of registered voters of
87	87	the county equal to at least 10 percent of the total votes cast in
88	88	the county by all candidates for governor in the most recent
89	89	gubernatorial general election.
90	90	(c) Notwithstanding any other provision of this section, a
91	91	county may abolish, decrease the rate of, or change the dedication
92	92	of a funding option only if the abolition, decrease, or change will
93	93	not violate, impair, or be inconsistent with a bond resolution,
94	94	trust agreement, or indenture governing the use of the revenue
95	95	attributable to the funding option.
96	96	Sec. 442.005. USE OF REVENUE; USE BY OTHER TRANSPORTATION
97	97	ENTITY. (a) A county shall deposit money collected under this
98	98	chapter in a special account in the county general fund. Subject to
99	99	Section 442.006, money in the account may be used only for county
100	100	transportation purposes.
101	101	(b) A county may use the money for payment under a contract
102	102	for county transportation needs entered into with another
103	103	governmental entity for transportation services or infrastructure
104	104	provided to the county, including:
105	105	(1) a regional mobility authority;
106	106	(2) a regional tollway authority;
107	107	(3) an advanced transportation district;
108	108	(4) a metropolitan rapid transit authority; and
109	109	(5) a regional transportation authority.
110	110	(c) A county may contract with another governmental entity
111	111	under Subsection (b) only if the county finds that the primary
112	112	purpose of the contract is to promote a public purpose of the
113	113	county.
114	114	Sec. 442.006. CONSTITUTIONAL LIMITATION ON USE OF CERTAIN
115	115	REVENUE. (a) Unless otherwise authorized by the constitution of
116	116	this state, money collected from a county gasoline and diesel fuel
117	117	tax under Subchapter B or an additional vehicle registration fee
118	118	under Subchapter F may be used only for acquiring rights-of-way,
119	119	constructing, maintaining, and policing public roadways, and
120	120	administering laws related to the supervision of traffic and safety
121	121	on those roads.
122	122	(b) If the constitution of this state does not authorize the
123	123	use of money collected under Subchapter B or F for transportation
124	124	uses other than those described by Subsection (a), the county shall
125	125	deposit that money into an account separate from the money
126	126	collected under the remainder of this chapter and may use the money
127	127	only for the purposes described by Subsection (b).
128	128	(c) If the constitution of this state requires that
129	129	one-fourth of the county gasoline and diesel fuel tax collected
130	130	under Subchapter B be allocated to the available school fund, the
131	131	county shall deposit that money into an account separate from the
132	132	money collected under the remainder of this chapter and shall
133	133	allocate the money as required by the constitution of this state.
134	134	[Sections 442.007-442.030 reserved for expansion]
135	135	SUBCHAPTER B. COUNTY GASOLINE AND DIESEL FUEL TAX
136	136	Sec. 442.031. DEFINITIONS. In this subchapter:
137	137	(1) "Dealer" has the meaning assigned by Section
138	138	162.001, Tax Code.
139	139	(2) "Diesel fuel" has the meaning assigned by Section
140	140	162.001, Tax Code.
141	141	(3) "Gasoline" has the meaning assigned by Section
142	142	162.001, Tax Code.
143	143	(4) "Jobber" means a person who:
144	144	(A) purchases tax-paid gasoline or diesel fuel
145	145	from a person who holds a license under Chapter 162, Tax Code; and
146	146	(B) makes a sale with the tax included to a person
147	147	who maintains storage facilities for gasoline or diesel fuel and
148	148	uses all or part of the stored gasoline or diesel fuel to operate a
149	149	motor vehicle.
150	150	(5) "Motor vehicle" has the meaning assigned by
151	151	Section 162.001, Tax Code.
152	152	(6) "Net gallon" has the meaning assigned by Section
153	153	162.001, Tax Code.
154	154	(7) "Public highway" has the meaning assigned by
155	155	Section 162.001, Tax Code.
156	156	(8) "Sale" has the meaning assigned by Section
157	157	162.001, Tax Code.
158	158	Sec. 442.032. TAX ON SALE OF GASOLINE AND DIESEL FUEL
159	159	AUTHORIZED. A county may impose a tax on the sale of gasoline or
160	160	diesel fuel sold in the county to propel a motor vehicle on the
161	161	public highways of this state.
162	162	Sec. 442.033. RATE OF TAX. The tax authorized by this
163	163	subchapter may be imposed in increments of one cent for each net
164	164	gallon of gasoline or diesel fuel sold in the county to propel a
165	165	motor vehicle on the public highways of this state, with a maximum
166	166	rate of four cents for each net gallon.
167	167	Sec. 442.034. COMPUTATION OF TAX. (a) A person, including
168	168	a dealer or jobber, who makes a sale of gasoline or diesel fuel in a
169	169	county authorized to impose the tax to a person who uses the
170	170	gasoline or diesel fuel to propel a motor vehicle on the public
171	171	highways of this state shall collect the tax authorized by this
172	172	subchapter for the benefit of the county.
173	173	(b) The seller shall add the amount of the tax authorized by
174	174	this subchapter to the selling price of gasoline or diesel fuel, and
175	175	the tax is a part of the gasoline or diesel fuel price, is a debt
176	176	owed to the seller, and is recoverable at law in the same manner as
177	177	the fuel charge for gasoline or diesel fuel.
178	178	(c) The tax authorized by this subchapter is in addition to
179	179	the tax imposed by Chapter 162, Tax Code.
180	180	Sec. 442.035. EXEMPTIONS APPLICABLE. The exemptions
181	181	provided by Sections 162.104 and 162.204, Tax Code, apply to the tax
182	182	authorized by this subchapter.
183	183	Sec. 442.036. COLLECTION AND ENFORCEMENT OF TAX. (a) A
184	184	person, including a dealer or jobber, required to collect the tax
185	185	authorized by this subchapter shall report and send the taxes to the
186	186	county as provided by the county.
187	187	(b) The county may prescribe monetary penalties, including
188	188	interest charges, for failure to keep records required by this
189	189	subchapter, to report when required, or to pay the tax when due.
190	190	(c) The county may permit a person who is required to
191	191	collect the tax authorized by this subchapter to retain a
192	192	percentage of the amount collected and required to be reported as
193	193	reimbursement to the person for the costs of collecting the tax.
194	194	The county may provide that the person may retain the amount only if
195	195	the person pays the tax and files reports as required by the county.
196	196	(d) The county attorney may bring suit against a person who
197	197	violates this subchapter.
198	198	Sec. 442.037. REFUND. (a) A person who has paid the tax
199	199	authorized by this subchapter on gasoline or diesel fuel used by the
200	200	person for a purpose other than to propel a motor vehicle on the
201	201	public highways of this state or for a use exempted under Section
202	202	442.035 may file a claim for a refund.
203	203	(b) The county shall prescribe the procedures a person must
204	204	use to obtain a refund under this section.
205	205	Sec. 442.038. REQUIRED PERMIT. The county may require a
206	206	dealer, jobber, or other person required to collect, report, and
207	207	pay the tax authorized by this subchapter to obtain a permit from
208	208	the county.
209	209	[Sections 442.039-442.060 reserved for expansion]
210	210	SUBCHAPTER C. COUNTY MOTOR VEHICLE SALES TAX
211	211	Sec. 442.061. DEFINITIONS. In this subchapter:
212	212	(1) "Motor vehicle" and "retail sale" have the
213	213	meanings assigned by Section 152.001, Tax Code.
214	214	(2) "Total consideration" has the meaning assigned by
215	215	Section 152.002, Tax Code.
216	216	Sec. 442.062. RATE OF TAX. The tax authorized by this
217	217	subchapter may be imposed at a rate not to exceed 1.75 percent of
218	218	the total consideration.
219	219	Sec. 442.063. APPLICABILITY OF STATE MOTOR VEHICLE SALES
220	220	TAX PROVISIONS. (a) The tax authorized by this subchapter is in
221	221	addition to the tax imposed by Chapter 152, Tax Code.
222	222	(b) The exemptions provided by Subchapter E, Chapter 152,
223	223	Tax Code, apply to the tax authorized by this subchapter.
224	224	Sec. 442.064. ADMINISTRATION BY COUNTY. (a) A person
225	225	required to collect the tax authorized by this subchapter shall
226	226	report and send the tax to the county as required by the county.
227	227	(b) The county may prescribe monetary penalties, including
228	228	interest charges, for failure to keep records required by this
229	229	subchapter, to report when required, or to pay the tax when due.
230	230	(c) The county may permit a person who is required to
231	231	collect the tax authorized by this subchapter to retain a
232	232	percentage of the amount collected and required to be reported as
233	233	reimbursement to the person for the costs of collecting the tax.
234	234	The county may provide that the person may retain the amount only if
235	235	the person pays the tax and files reports as required by the county.
236	236	(d) The county attorney may bring suit against a person who
237	237	violates this subchapter.
238	238	[Sections 442.065-442.090 reserved for expansion]
239	239	SUBCHAPTER D. ADDITIONAL COUNTY SALES AND USE TAX
240	240	Sec. 442.091. ADDITIONAL SALES AND USE TAX. A county may
241	241	impose a sales and use tax under this subchapter.
242	242	Sec. 442.092. TAX RATE. The rate of a tax authorized by
243	243	this subchapter must be one-eighth, one-fourth, three-eighths, or
244	244	one-half of one percent.
245	245	Sec. 442.093. APPLICABILITY OF TAX CODE. (a) Chapter 323,
246	246	Tax Code, governs the imposition, computation, administration,
247	247	collection, and remittance of a tax authorized by this subchapter
248	248	except as inconsistent with this subchapter.
249	249	(b) Section 323.101, Tax Code, does not apply to the tax
250	250	authorized by this subchapter.
251	251	(c) The tax authorized by this subchapter is in addition to
252	252	a tax imposed under other law, including Chapter 323, Tax Code.
253	253	Sec. 442.094. EFFECT ON COMBINED LOCAL TAX RATE. The rate
254	254	of a tax authorized by this subchapter may not be considered in
255	255	determining the combined or overlapping rate in any area of local
256	256	sales and use taxes imposed under this code or another law,
257	257	including:
258	258	(1) the Health and Safety Code;
259	259	(2) the Local Government Code; or
260	260	(3) the Special District Local Laws Code.
261	261	Sec. 442.095. RATE INCREASE. The rate of a tax authorized
262	262	by this subchapter may be increased in one or more increments of
263	263	one-eighth of one percent to a maximum of one-half of one percent.
264	264	Sec. 442.096. EFFECTIVE DATE OF TAX. The imposition of the
265	265	tax or the change in the tax rate takes effect on the first day of
266	266	the first calendar quarter occurring after the expiration of the
267	267	first complete quarter occurring after the date the comptroller
268	268	receives a notice of the order or the results of the election, as
269	269	applicable, imposing, increasing, or decreasing the tax.
270	270	Sec. 442.097. ABOLITION OF TAX. (a) Notwithstanding
271	271	Section 442.004(c), the tax authorized by this subchapter may not
272	272	be collected after the last day of the first calendar quarter
273	273	occurring after notification to the comptroller by the county that
274	274	the county has abolished the tax.
275	275	(b) The county shall notify the comptroller of the abolition
276	276	of the tax not later than the 60th day before the abolition date.
277	277	[Sections 442.098-442.120 reserved for expansion]
278	278	SUBCHAPTER E. REAL ESTATE TRANSFER FEE
279	279	Sec. 442.121. DEFINITIONS. In this subchapter:
280	280	(1) "Consideration" means anything of value,
281	281	including a promise or other obligation.
282	282	(2) "Interest in real property" includes any present
283	283	or future right of possession, title, ownership, or use of real
284	284	property, but does not include a leasehold interest.
285	285	(3) "Real estate" means real property, both commercial
286	286	and residential, and includes improvements and interests in real
287	287	property.
288	288	Sec. 442.122. FEE IMPOSED. (a) A county may impose a real
289	289	estate transfer fee authorized by this subchapter if:
290	290	(1) the commissioners court develops a proposal for
291	291	the imposition of the fee that specifies:
292	292	(A) the amount of the fee to be imposed, either as
293	293	a set amount for a transfer of real estate or as a rate to be
294	294	multiplied by the total consideration given for the transfer;
295	295	(B) any transfers of real estate that will be
296	296	excluded from the fee and any exemptions, including a homestead
297	297	exemption, that will be allowed;
298	298	(C) subject to the requirements of this
299	299	subchapter, procedures for the administration of the fee; and
300	300	(D) provisions for the enforcement of the fee,
301	301	including any penalty to be imposed if the fee is not paid as
302	302	required by Section 442.124; and
303	303	(2) the fee is imposed under Section 442.002(1) or
304	304	(2), as applicable.
305	305	(b) The fee authorized by this subchapter is imposed on the
306	306	voluntary transfer for consideration of real estate located in the
307	307	county.
308	308	Sec. 442.123. JOINT AFFIDAVIT. (a) Each party to a
309	309	transfer of real estate shall execute an affidavit, executed by
310	310	each other party to the transfer, stating the names of the parties,
311	311	a description of the property transferred, a description of the
312	312	total consideration for the transfer, and a statement of an amount
313	313	that is equal to or exceeds the total present value of that
314	314	consideration.
315	315	(b) If any portion of the consideration for the transfer of
316	316	real estate consists of other real estate, the affidavit must
317	317	contain a valuation of each piece of real estate involved in the
318	318	transaction.
319	319	Sec. 442.124. WHEN FEE DUE; PAYMENT. (a) A fee authorized
320	320	by this subchapter must be paid not later than the 30th day after
321	321	the date the transfer occurs.
322	322	(b) The fee must be paid to the county clerk of the county in
323	323	which the real estate is located, subject to Subsection (c).
324	324	(c) If real estate is located in more than one county, the
325	325	imposition of a fee for the transfer of that real estate is governed
326	326	by orders adopted by the commissioners court of the county in which
327	327	the majority of the real estate is located. If a fee is imposed in
328	328	that county, the fee must be paid to the county clerk of that
329	329	county.
330	330	(d) A county clerk may not accept for recording a deed, a
331	331	deed of trust, or any other written instrument showing or
332	332	evidencing a transfer of real estate unless the person offering the
333	333	instrument for filing submits the joint affidavit required by
334	334	Section 442.183 and pays the amount of the fee shown to be due on the
335	335	transfer of the real estate, subject to Subsection (c).
336	336	(e) A joint affidavit submitted under Subsection (d) is for
337	337	the confidential use of the county. The affidavit may not be shown,
338	338	or the contents revealed, to any person other than a party to the
339	339	transfer.
340	340	Sec. 442.125. PARTIES LIABLE FOR FEE. Each party to an
341	341	agreement for the transfer of real estate and each party to a
342	342	conveyance, including a grantor, purchaser, seller, mortgagor,
343	343	mortgagee, trustee, or other party, is jointly and severally liable
344	344	for the payment of the fee authorized by this subchapter.
345	345	Sec. 442.126. RECEIPT. (a) At the time the fee authorized
346	346	by this subchapter is paid, the county clerk to whom the fee is paid
347	347	shall issue a receipt showing the amount of the fee paid, a
348	348	description of the real estate transferred, the date of the
349	349	transfer, and the date of the fee payment.
350	350	(b) If the transfer is fully excluded or exempted as
351	351	provided by the commissioners court in the proposal adopted under
352	352	Section 442.122, the county clerk shall issue a certificate showing
353	353	the exclusion or exemption and stating that no fee is due on the
354	354	transfer.
355	355	(c) A receipt or a certificate issued under this section may
356	356	be filed in the deed records of any county with or as a part of a
357	357	deed or other instrument recorded.
358	358	[Sections 442.127-442.150 reserved for expansion]
359	359	SUBCHAPTER F. ADDITIONAL VEHICLE REGISTRATION FEE
360	360	Sec. 442.151. OPTIONAL COUNTY FEE FOR TRANSPORTATION
361	361	PROJECTS. A county may impose an additional fee, not to exceed $10,
362	362	for registering a vehicle in the county.
363	363	Sec. 442.152. EXEMPTION. A vehicle that may be registered
364	364	under Chapter 502 or 504 without payment of a registration fee may
365	365	be registered in a county imposing a fee authorized by this
366	366	subchapter without payment of the additional fee.
367	367	Sec. 442.153. EFFECTIVE DATE. A fee authorized by this
368	368	subchapter may take effect only on January 1 of a year. The county
369	369	must notify the department not later than September 1 of the year
370	370	preceding the year in which the fee takes effect.
371	371	Sec. 442.154. ABOLITION OF FEE. A fee authorized by this
372	372	subchapter may be abolished under Section 442.004. The abolition
373	373	may take effect only on January 1 of a year. A county must notify
374	374	the department not later than September 1 of the year preceding the
375	375	year in which the abolition takes effect.
376	376	Sec. 442.155. COLLECTION OF FEE. The county
377	377	assessor-collector of a county imposing a fee authorized by this
378	378	subchapter shall collect the fee for a vehicle when other fees
379	379	imposed under Chapter 502 or 504 are collected.
380	380	Sec. 442.156. VEHICLES REGISTERED DIRECTLY WITH
381	381	DEPARTMENT. The department shall collect the additional fee on a
382	382	vehicle that is owned by a resident of a county imposing a fee
383	383	authorized by this subchapter and that, under Chapter 502 or 504,
384	384	must be registered directly with the department. The department
385	385	shall send all fees collected for a county under this section to the
386	386	county for deposit as provided by Section 442.005.
387	387	Sec. 442.157. DEPARTMENT RULES. The department shall adopt
388	388	rules and develop forms necessary to administer registration by
389	389	mail for a vehicle being registered in a county imposing a fee
390	390	authorized by this subchapter or a vehicle that is owned by a
391	391	resident of such a county.
392	392	[Sections 442.158-442.180 reserved for expansion]
393	393	SUBCHAPTER G. PASSENGER MOTOR VEHICLE SALES FEE
394	394	Sec. 442.181. DEFINITIONS. In this subchapter:
395	395	(1) "Motor vehicle" and "retail sale" have the
396	396	meanings assigned by Section 152.001, Tax Code.
397	397	(2) "Passenger motor vehicle" means a motor vehicle of
398	398	a private passenger type, including a passenger van and minivan,
399	399	primarily intended for private use.
400	400	(3) "Total consideration" has the meaning assigned by
401	401	Section 152.002, Tax Code.
402	402	Sec. 442.182. AMOUNT OF FEE. The fee authorized by this
403	403	subchapter may be imposed as a set amount for the retail sale of a
404	404	passenger motor vehicle.
405	405	Sec. 442.183. APPLICABILITY OF MOTOR VEHICLE SALES TAXES.
406	406	The fee authorized by this subchapter is in addition to the tax
407	407	imposed by Chapter 152, Tax Code, and a tax imposed by any other
408	408	law, including Subchapter C.
409	409	Sec. 442.184. ADMINISTRATION BY COUNTY. (a) The
410	410	commissioners court of a county may provide exemptions to the
411	411	imposition of the fee.
412	412	(b) A person required to collect the fee authorized by this
413	413	subchapter shall report and send the fee to the county as required
414	414	by the county.
415	415	(c) The county may prescribe monetary penalties, including
416	416	interest charges, for failure to keep records required by this
417	417	subchapter, to report when required, or to pay the fee when due.
418	418	(d) The county may permit a person who is required to
419	419	collect the fee authorized by this subchapter to retain a
420	420	percentage of the amount collected and required to be reported as
421	421	reimbursement to the person for the costs of collecting the fee.
422	422	The county may provide that the person may retain the amount only if
423	423	the person pays the fee and files reports as required by the county.
424	424	(e) The county attorney may bring suit against a person who
425	425	violates this subchapter.
426	426	[Sections 442.185-442.210 reserved for expansion]
427	427	SUBCHAPTER H. MISCELLANEOUS FEES
428	428	Sec. 442.211. ROAD IMPACT FEE. A county may impose a fee,
429	429	not to exceed $100, to each new resident of the county.
430	430	Sec. 442.212. NONRESIDENT COMMUTER FEE. A county may
431	431	impose a nonresident commuter fee on nonresidents who commute into
432	432	the county.
433	433	Sec. 442.213. MILEAGE-BASED ROAD USER FEE. A county may
434	434	impose a fee based on the number of miles traveled by a motor
435	435	vehicle registered to a resident of the county.
436	436	Sec. 442.214. ADDITIONAL INSPECTION FEE. A county may
437	437	impose a fee not to exceed $10 to be imposed for each motor vehicle
438	438	inspected in the county under Chapter 548.
439	439	Sec. 442.215. CONGESTION FEES. (a) A county may designate
440	440	certain areas of the county as high congestion areas and charge a
441	441	fee to enter those areas during peak traffic times.
442	442	(b) If any part of an area to be designated as a high
443	443	congestion area under this section is in the boundaries of a
444	444	municipality, the county must obtain the consent of the
445	445	municipality before designating the area as a high congestion area.
446	446	SECTION 4. Section 502.1725, Transportation Code, is
447	447	repealed.
448	448	SECTION 5. This Act takes effect September 1, 2009.