82R10402 NAJ-F
By: McClendon H.B. No. 3032
A BILL TO BE ENTITLED
AN ACT
relating to the Texas rail relocation and improvement fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.097(d), Transportation Code, is
amended to read as follows:
(d) The fee collected under Subsection (a)(1) shall be
credited to the Texas rail relocation and improvement [state
highway] fund [to defray the costs of administering this subchapter
and the costs to the department for issuing the title].
SECTION 2. Section 501.100(e), Transportation Code, is
amended to read as follows:
(e) On or after the 31st day after the date the department
receives a rebuilder fee under Subsection (d), the department shall
deposit $50 of the fee to the credit of the Texas rail relocation
and improvement [state highway] fund [to be used only by the
Department of Public Safety to enforce this chapter] and $15 to the
credit of the general revenue fund.
SECTION 3. Section 501.134(a), Transportation Code, is
amended to read as follows:
(a) If a certificate of title is lost or destroyed, the
owner or lienholder disclosed on the certificate may obtain, in the
manner provided by this section and department rule, a certified
copy of the lost or destroyed certificate of title directly from the
department by applying on a form prescribed by the department and
paying a fee of $2. A fee collected under this subsection shall be
deposited to the credit of the Texas rail relocation and
improvement [state highway] fund [and may be spent only as provided
by Section 501.138].
SECTION 4. Section 501.138(c), Transportation Code, is
amended to read as follows:
(c) Of the amount received under Subsection (b)(2), the
department shall deposit:
(1) $5 in the general revenue fund; and
(2) $3 to the credit of the Texas rail relocation and
improvement [state highway] fund [to recover the expenses necessary
to administer this chapter].
SECTION 5. Section 502.008, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) Any fee collected by the department for responding to an
inquiry under this section shall be deposited to the credit of the
Texas rail relocation and improvement fund.
SECTION 6. Section 502.179(b), Transportation Code, is
amended to read as follows:
(b) The office issuing a duplicate receipt shall retain the
fee received as a fee of office. If the department issues the
duplicate receipt, the fee shall be deposited to the credit of the
Texas rail relocation and improvement fund.
SECTION 7. Section 503.007(d), Transportation Code, is
amended to read as follows:
(d) A fee collected under this section shall be deposited to
the credit of the Texas rail relocation and improvement [state
highway] fund.
SECTION 8. Section 503.008(d), Transportation Code, is
amended to read as follows:
(d) A fee collected under this section shall be deposited to
the credit of the Texas rail relocation and improvement [state
highway] fund.
SECTION 9. Section 503.0615(f), Transportation Code, is
amended to read as follows:
(f) Of each fee collected by the department under this
section:
(1) $1.25 shall be deposited to the credit of the Texas
rail relocation and improvement [state highway] fund [to defray the
cost of administering this section]; and
(2) the remainder shall be deposited to the credit of
the general revenue fund.
SECTION 10. Section 621.353(a), Transportation Code, is
amended to read as follows:
(a) The comptroller shall send $50 of each base fee
collected under Section 623.011 for an excess weight permit to the
counties of the state, with each county receiving an amount
determined according to the ratio of the total number of miles of
county roads maintained by the county to the total number of miles
of county roads maintained by all of the counties of this state.
The comptroller shall deposit $25 of each base fee, plus each fee
collected under Section 623.0112, to the credit of the Texas rail
relocation and improvement [state highway] fund. [Money deposited
to the credit of that fund under this subsection may be appropriated
only to the department to administer this section and Sections
623.011, 623.0111, and 623.0112.]
SECTION 11. Section 623.0111(c), Transportation Code, is
amended to read as follows:
(c) Of the fees collected under Subsection (a) the following
amounts shall be deposited to the general revenue fund and the
remainder shall be deposited to the credit of the Texas rail
relocation and improvement [state highway] fund:
Number of Counties Designated Amount Allocated to General Revenue Fund Number of Counties Designated Amount Allocated to General Revenue Fund
Number of Counties Designated Amount Allocated to General Revenue Fund
Number of Counties Designated Amount Allocated to General Revenue Fund Number of Counties Designated Amount Allocated to General Revenue Fund
Number of Counties Designated Amount Allocated to General Revenue Fund
1-5 $125 1-5 $125
1-5 $125
6-20 $125 6-20 $125
6-20 $125
21-40 $345 21-40 $345
21-40 $345
41-60 $565 41-60 $565
41-60 $565
61-80 $785 61-80 $785
61-80 $785
81-100 $900 81-100 $900
81-100 $900
101-254 $1,000 101-254 $1,000
101-254 $1,000
SECTION 12. Sections 623.076(a-1) and (c), Transportation
Code, are amended to read as follows:
(a-1) The following amounts collected under Subsection (a)
shall be deposited to the general revenue fund and the remainder
deposited to the credit of the Texas rail relocation and
improvement [state highway] fund:
Amount of Fee Amount Allocated to General Revenue Fund Amount of Fee Amount Allocated to General Revenue Fund
Amount of Fee Amount Allocated to General Revenue Fund
$60 (single-trip permit) $30 $60 (single-trip permit) $30
$60 (single-trip permit) $30
$120 (30-day permit) $60 $120 (30-day permit) $60
$120 (30-day permit) $60
$180 $90 $180 $90
$180 $90
$240 $120 $240 $120
$240 $120
$270 $135 $270 $135
$270 $135
(c) An application for a permit under Section 623.071(c)(3)
or (d) must be accompanied by the permit fee established by the
commission for the permit, not to exceed $7,000. Of each fee
collected under this subsection, the department shall send:
(1) the first $1,000 to the comptroller for deposit to
the credit of the general revenue fund; and
(2) any amount in excess of $1,000 to the comptroller
for deposit to the credit of the Texas rail relocation and
improvement [state highway] fund.
SECTION 13. Section 623.077, Transportation Code, is
amended to read as follows:
Sec. 623.077. ADDITIONAL [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 an additional [a highway
maintenance] fee in an amount determined according to 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 send each fee collected under
Subsection (a) to the comptroller for deposit to the credit of the
Texas rail relocation and improvement [state highway] fund.
SECTION 14. Section 623.096(a), Transportation Code, is
amended to read as follows:
(a) The department shall collect a fee of $40 for each
permit issued under this subchapter. Of each fee, $19.70 shall be
deposited to the credit of the general revenue fund and the
remainder deposited to the credit of the Texas rail relocation and
improvement [state highway] fund.
SECTION 15. Section 623.124(b), Transportation Code, is
amended to read as follows:
(b) The department shall send each fee collected under this
section to the comptroller. Of each fee received from the
department, the comptroller shall deposit $7.50 to the credit of
the general revenue fund and $7.50 to the credit of the Texas rail
relocation and improvement [state highway] fund.
SECTION 16. Section 623.147, Transportation Code, is
amended to read as follows:
Sec. 623.147. DEPOSIT OF FEE IN TEXAS RAIL RELOCATION AND
IMPROVEMENT [STATE HIGHWAY] FUND. A fee collected under this
subchapter shall be deposited to the credit of the Texas rail
relocation and improvement [state highway] fund.
SECTION 17. Section 2301.156, Occupations Code, is amended
to read as follows:
Sec. 2301.156. DEPOSIT OF REVENUE. Notwithstanding any
other law to the contrary, all money collected by the board under
this chapter shall be deposited in the state treasury to the credit
of the Texas rail relocation and improvement [state highway] fund.
SECTION 18. Section 2301.264(d), Occupations Code, is
amended to read as follows:
(d) The board may refund from funds deposited under Section
2301.156 [appropriated to the board for that purpose] a fee
collected under this chapter that is not due or that exceeds the
amount due.
SECTION 19. The Texas Department of Transportation, in
coordination with the comptroller of public accounts, shall produce
recommendations for supplemental revenue sources for the Texas rail
relocation and improvement fund for consideration by the 83rd
Legislature.
SECTION 20. 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.
Number of Counties Designated Amount Allocated to General Revenue Fund
Number of Counties Designated Amount Allocated to General Revenue Fund
1-5 $125
6-20 $125
21-40 $345
41-60 $565
61-80 $785
81-100 $900
101-254 $1,000
Amount of Fee Amount Allocated to General Revenue Fund
$60 (single-trip permit) $30
$120 (30-day permit) $60
$180 $90
$240 $120
$270 $135
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