Texas 2011 - 82nd Regular

Texas House Bill HB1214 Latest Draft

Bill / Introduced Version

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                            82R3701 JAM-D
 By: McClendon H.B. No. 1214


 A BILL TO BE ENTITLED
 AN ACT
 relating to certain fees imposed in connection with the operation
 of overweight and oversize vehicles.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter A, Chapter 623, Transportation Code,
 is amended by adding Section 623.002 to read as follows:
 Sec. 623.002.  EVALUATION OF PERMIT FEES. (a)  The
 department shall evaluate highway use in this state by oversize or
 overweight vehicles, calculate the cost of damage to highways in
 this state caused by those vehicles, and determine whether:
 (1)  the fees charged for permits issued under this
 chapter are adequate to offset the costs of damage to highways
 caused by those vehicles and recommend any fee adjustments for the
 permits to reflect the costs of damage to highways caused by those
 vehicles; and
 (2)  vehicles currently exempt from permit
 requirements under this chapter should be required to obtain a
 permit to operate on roads or highways in this state.
 (b)  Not later than October 1 of each even-numbered year, the
 department shall report its findings to:
 (1)  the Legislative Budget Board; and
 (2)  the governor.
 SECTION 2.  Section 623.077, Transportation Code, is amended
 to read as follows:
 Sec. 623.077.  HIGHWAY MAINTENANCE FEE.  (a)  An applicant
 for a permit under this subchapter, other than a permit under
 Section 623.071(c)(3), must also pay a highway maintenance fee in
 an amount determined according to vehicle weight and distance
 traveled. [the following table:
 [Vehicle Weight in Pounds    Fee  [Vehicle Weight in Pounds  Fee
 [Vehicle Weight in Pounds  Fee
 [80,001 to 120,000    $150  [80,001 to 120,000  $150
 [80,001 to 120,000  $150
 [120,001 to 160,000    $225  [120,001 to 160,000  $225
 [120,001 to 160,000  $225
 [160,001 to 200,000    $300  [160,001 to 200,000  $300
 [160,001 to 200,000  $300
 [200,001 and above    $375]  [200,001 and above  $375]
 [200,001 and above  $375]
 (b)  The department shall adopt rules to implement this
 section and establish a schedule of rates, based on miles traveled,
 for all vehicle weight categories that provides for an increase in
 the rates according to the weight of a vehicle.
 (c)  The department shall send each fee collected under
 Subsection (a) to the comptroller for deposit to the credit of the
 state highway fund.
 SECTION 3.  (a) The Texas Department of Transportation
 shall adopt rules implementing Section 623.077, Transportation
 Code, as amended by this Act, not later than January 1, 2012.
 (b)  Section 623.077(a), Transportation Code, as amended by
 this Act, applies only to an application for a permit submitted
 under Subchapter D, Chapter 623, Transportation Code, to the Texas
 Department of Transportation on or after January 1, 2012. An
 application for a permit submitted before January 1, 2012, is
 governed by the law in effect on the date the application was
 submitted, and that law is continued in effect for that purpose.
 SECTION 4.  This Act takes effect September 1, 2011.

 [Vehicle Weight in Pounds  Fee

 [80,001 to 120,000  $150

 [120,001 to 160,000  $225

 [160,001 to 200,000  $300

 [200,001 and above  $375]