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]