Texas 2011 - 82nd Regular

Texas House Bill HB3413 Compare Versions

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1	1	82R21927 TRH-F
2	2	By: Darby H.B. No. 3413
3	3	Substitute the following for H.B. No. 3413:
4	4	By: McClendon C.S.H.B. No. 3413
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the property and funding of the Texas Department of
10	10	Motor Vehicles.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 1001, Transportation Code, is amended by
13	13	adding Subchapters D and E to read as follows:
14	14	SUBCHAPTER D. DEPARTMENT PROPERTY
15	15	Sec. 1001.061. ACQUIRING AND DISPOSING OF PROPERTY. The
16	16	department may:
17	17	(1) acquire by purchase, lease, gift, or any other
18	18	manner property or an interest in property that is necessary or
19	19	convenient to the exercise of the powers, rights, privileges, or
20	20	functions of the department; and
21	21	(2) sell or otherwise dispose of property or an
22	22	interest in property that is not necessary or convenient to the
23	23	exercise of the department's powers, rights, privileges, or
24	24	functions.
25	25	SUBCHAPTER E. REVENUE AND DEDICATED ACCOUNT
26	26	Sec. 1001.081. ACCOUNT. (a) The Texas Department of Motor
27	27	Vehicles dedicated account is created in the treasury outside the
28	28	general revenue fund and the state highway fund.
29	29	(b) Money appropriated to the department, money allocated
30	30	to pay accounting costs and related liabilities of the account, and
31	31	interest earned on money in the account shall be deposited to the
32	32	credit of the account, for exclusive use by the department to
33	33	support the department's operations and the administration and
34	34	enforcement of the department's functions.
35	35	(c) Money appropriated to the department for Automobile
36	36	Burglary and Theft Prevention Authority purposes may not be
37	37	deposited into the account.
38	38	(d) Not later than September 1 of each year, the board shall
39	39	certify the sum of:
40	40	(1) the sum of the unexpended amount of:
41	41	(A) each type of revenue described by Section
42	42	1001.083(b)(3);
43	43	(B) revenue from fees collected by the department
44	44	under Sections 502.170 and 502.1705; and
45	45	(C) interest earned on revenue described by
46	46	Paragraphs (A) and (B); and
47	47	(2) the amount of the department's operating expenses
48	48	for the first quarter of the previous fiscal year.
49	49	(e) Of the money certified by the board under Subsection
50	50	(d), any unexpended and unencumbered money shall remain available
51	51	to the department, and the department may use the money for any
52	52	department purpose.
53	53	(f) To the extent the General Appropriations Act makes an
54	54	appropriation of an unexpended balance to the department for the
55	55	second year of a biennium, Subsection (e) may not be construed to
56	56	eliminate the appropriation.
57	57	(g) On September 1 of each even-numbered year, any
58	58	unexpended and unencumbered money that is not certified under
59	59	Subsection (d) shall be deposited to the credit of the state highway
60	60	fund.
61	61	Sec. 1001.082. APPLICABILITY OF OTHER LAW. Subchapter D,
62	62	Chapter 316, Government Code, and Section 403.095, Government Code,
63	63	do not apply to the account created under Section 1001.081.
64	64	Sec. 1001.083. REVENUE. (a) Notwithstanding any other
65	65	law, and except as provided by Section 1001.081(c), all fees,
66	66	funds, penalties, and other revenue collected or received by the
67	67	department shall be deposited to the credit of the account
68	68	established under Section 1001.081.
69	69	(b) Except as provided by Subsection (c) or Sections
70	70	1001.081(c), (d), and (e), and unless otherwise dedicated by the
71	71	Texas Constitution, the following sources of revenue shall be
72	72	retained in the account established under Section 1001.081, and may
73	73	be appropriated only to the department:
74	74	(1) 10 percent of all fees, funds, penalties, or other
75	75	revenue collected or received by the department relating to motor
76	76	vehicle registration activities, other than fees collected under
77	77	Section 502.170 or 502.1705, provided that motor vehicle
78	78	registration fees dedicated by Section 7-a, Article VIII, Texas
79	79	Constitution, may be used only for the purposes prescribed by that
80	80	section;
81	81	(2) all fees, funds, penalties, or other revenue
82	82	collected or received by the department relating to:
83	83	(A) motor vehicle titling;
84	84	(B) license plates, including fees collected
85	85	under Section 502.170 or 502.1705;
86	86	(C) motor vehicle sales and distribution;
87	87	(D) motor carriers;
88	88	(E) household goods movers; or
89	89	(F) any other industry or function for which the
90	90	department may collect revenue; and
91	91	(3) any other revenue received by the department from
92	92	another source, including:
93	93	(A) donations;
94	94	(B) grants;
95	95	(C) loans;
96	96	(D) reimbursements;
97	97	(E) settlement or judgment payments;
98	98	(F) appropriations, including an appropriation
99	99	of revenue deposited in the account established under Section
100	100	1001.081; or
101	101	(G) payments or royalties for the sale, license,
102	102	or lease of an interest in department property.
103	103	(c) In the event of a conflict between this section and a
104	104	provision of law, including a final court order, relating to the
105	105	distribution of revenue, the other provision of law controls to the
106	106	extent that the other provision specifies a dollar or percentage
107	107	amount to which the department or another governmental entity or
108	108	agency is entitled.
109	109	(d) Following the determination of the amount to be retained
110	110	and deposited under Subsections (b) and (c), the remaining balance
111	111	shall be deposited to the credit of the account or fund authorized
112	112	by other applicable law.
113	113	(e) The comptroller shall submit to the Legislative Budget
114	114	Board a monthly report regarding the revenue collected by the
115	115	department under this section. The report must contain:
116	116	(1) an itemized accounting of the amounts deposited to
117	117	the credit of:
118	118	(A) the account established under Section
119	119	1001.081; and
120	120	(B) any other account or fund authorized by
121	121	applicable law; and
122	122	(2) a determination regarding the dedicated and
123	123	nondedicated amounts deposited to the credit of the state highway
124	124	fund.
125	125	SECTION 2. (a) Except as provided by Subsection (b) of this
126	126	section, this Act takes effect September 1, 2011.
127	127	(b) Section 1001.083, Transportation Code, as added by this
128	128	Act, takes effect September 1, 2013.