82R9566 JAM-D By: Pickett H.B. No. 1898 A BILL TO BE ENTITLED AN ACT relating to optional fees for the registration of motor vehicles in certain municipalities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 502.006(d), Transportation Code, is amended to read as follows: (d) Sections [Section] 502.172 and 502.1721 do [does] not apply to an all-terrain vehicle or a recreational off-highway vehicle. SECTION 2. Section 502.103, Transportation Code, is amended to read as follows: Sec. 502.103. DISPOSITION OF OPTIONAL COUNTY AND MUNICIPAL ROAD AND BRIDGE FEES [FEE]. Each Monday a county assessor-collector shall apportion the collections for the preceding week for a fee imposed under Section 502.172 or 502.1721 by: (1) crediting an amount equal to 97 percent of the collections to the county road and bridge fund or to the municipal treasurer, as appropriate; and (2) sending to the department an amount equal to three percent of the collections to defray the department's costs of administering Section 502.172 or 502.1721. SECTION 3. Section 502.167(j), Transportation Code, is amended to read as follows: (j) A person may register a semitrailer under this section for a registration period of five consecutive years if the person: (1) applies to the department for the five-year registration; (2) provides proof of the person's eligibility to register the vehicle under this subsection as required by the department; and (3) pays a fee of $15, plus any applicable fee under Section 502.172 or 502.1721, for each year included in the registration period. SECTION 4. Subchapter D, Chapter 502, Transportation Code, is amended by adding Section 502.1721 to read as follows: Sec. 502.1721. OPTIONAL MUNICIPAL ROAD AND BRIDGE FEE. (a) This section applies only to a municipality that borders the United Mexican States and has a population of 500,000 or more. (b) Notwithstanding Section 502.003, the governing body of a municipality by order may call an election on the issue of imposing an additional fee for registering a vehicle at an address in the municipality. 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. A fee imposed under this section may take effect only on January 1 of a year. The municipality must notify the county in which it is located and the department not later than September 1 of the year preceding the year in which the fee takes effect. (c) A fee imposed under this section may not exceed the amount of the fee imposed under Section 502.172 by the county in which the vehicle is registered. (d) An order under Subsection (b) calling an election must: (1) list the amount of the additional fee to be imposed; and (2) list and generally describe the projects to be funded with the additional fee. (e) The ballot at an election held under this section must be printed to permit voting for or against the proposition: "Authorizing ________ (insert name of municipality) to impose an additional registration fee in the amount of $________ (insert amount of additional fee) for the purpose of financing ____________ (describe the road or bridge projects to be funded)." (f) A vehicle that may be registered under this chapter without payment of a registration fee may be registered without payment of the additional fee under this section. (g) The county assessor-collector of a county containing a municipality 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 assessor-collector shall distribute the fees collected under this section to the municipal treasurer in the manner provided by Section 502.103. (h) The municipality may use the fee revenue collected under this section only for road or bridge projects in the municipality. (i) The department shall collect the additional fee on a vehicle that is owned by a resident of a municipality 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 municipality under this subsection to the municipal treasurer to be used as provided by Subsection (h). (j) The department shall adopt rules and develop forms necessary to administer registration by mail for a vehicle being registered in a county containing a municipality imposing a fee under this section. SECTION 5. Section 502.353(g), Transportation Code, is amended to read as follows: (g) A vehicle registered under this section is not subject to the fee required by Section 502.172, 502.1721, or 502.173. SECTION 6. This Act takes effect September 1, 2011.