82R7158 AJZ-D By: Harper-Brown H.B. No. 1669 A BILL TO BE ENTITLED AN ACT relating to the establishment of an electric motor vehicle mileage fee pilot program by the Texas Department of Motor Vehicles. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. DEFINITIONS. In this Act: (1) "Department" means the Texas Department of Motor Vehicles. (2) "Electric motor vehicle" means a motor vehicle that uses electricity as its only source of motor power. SECTION 2. ELECTRIC MOTOR VEHICLE MILEAGE FEE PILOT PROGRAM. (a) The department by rule shall establish and implement a statewide pilot program to assess owners of electric motor vehicles a vehicle mileage fee that is based on the number of miles traveled on public roads in this state by those motor vehicles. The pilot program must require all electric motor vehicles registered in this state to be subject to the mileage fee. (b) The pilot program must provide for two methods of participation. The owner of an electric motor vehicle may have the vehicle's mileage determined by: (1) an odometer reading that will occur in a manner specified by the department; or (2) a device installed in the vehicle that electronically reports the number of miles traveled. (c) The department by rule shall establish: (1) the technologies to be used under Subsection (b)(2), including technical specifications for those technologies; (2) the manner of fee collection; and (3) incentives for participants to equip their vehicles with an electronic reporting device. (d) In implementing the pilot program the department shall consider, to the extent possible: (1) economic efficiency; (2) long-term revenue generation; (3) long-term revenue stability; (4) charging fairness; and (5) privacy concerns. (e) The department by rule shall set the amount of the electric motor vehicle mileage fee on a per mile basis. In determining the amount of the fee, the department shall consider the average amount of gasoline tax paid for a gasoline-powered motor vehicle of a comparable class. SECTION 3. REPORT. Not later than October 1, 2012, the department shall submit a report to the legislature that includes recommendations regarding: (1) the feasibility of permanently assessing an electric motor vehicle mileage fee in this state; and (2) legislation to permanently implement an electric motor vehicle mileage fee. SECTION 4. EXPIRATION. This Act expires September 1, 2013, and the department may not impose a vehicle mileage fee under the pilot program established under this Act after that date. SECTION 5. EFFECTIVE DATE. 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, 2011.