82R21927 TRH-F
By: Darby H.B. No. 3413
Substitute the following for H.B. No. 3413:
By: McClendon C.S.H.B. No. 3413
A BILL TO BE ENTITLED
AN ACT
relating to the property and funding of the Texas Department of
Motor Vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1001, Transportation Code, is amended by
adding Subchapters D and E to read as follows:
SUBCHAPTER D. DEPARTMENT PROPERTY
Sec. 1001.061. ACQUIRING AND DISPOSING OF PROPERTY. The
department may:
(1) acquire by purchase, lease, gift, or any other
manner property or an interest in property that is necessary or
convenient to the exercise of the powers, rights, privileges, or
functions of the department; and
(2) sell or otherwise dispose of property or an
interest in property that is not necessary or convenient to the
exercise of the department's powers, rights, privileges, or
functions.
SUBCHAPTER E. REVENUE AND DEDICATED ACCOUNT
Sec. 1001.081. ACCOUNT. (a) The Texas Department of Motor
Vehicles dedicated account is created in the treasury outside the
general revenue fund and the state highway fund.
(b) Money appropriated to the department, money allocated
to pay accounting costs and related liabilities of the account, and
interest earned on money in the account shall be deposited to the
credit of the account, for exclusive use by the department to
support the department's operations and the administration and
enforcement of the department's functions.
(c) Money appropriated to the department for Automobile
Burglary and Theft Prevention Authority purposes may not be
deposited into the account.
(d) Not later than September 1 of each year, the board shall
certify the sum of:
(1) the sum of the unexpended amount of:
(A) each type of revenue described by Section
1001.083(b)(3);
(B) revenue from fees collected by the department
under Sections 502.170 and 502.1705; and
(C) interest earned on revenue described by
Paragraphs (A) and (B); and
(2) the amount of the department's operating expenses
for the first quarter of the previous fiscal year.
(e) Of the money certified by the board under Subsection
(d), any unexpended and unencumbered money shall remain available
to the department, and the department may use the money for any
department purpose.
(f) To the extent the General Appropriations Act makes an
appropriation of an unexpended balance to the department for the
second year of a biennium, Subsection (e) may not be construed to
eliminate the appropriation.
(g) On September 1 of each even-numbered year, any
unexpended and unencumbered money that is not certified under
Subsection (d) shall be deposited to the credit of the state highway
fund.
Sec. 1001.082. APPLICABILITY OF OTHER LAW. Subchapter D,
Chapter 316, Government Code, and Section 403.095, Government Code,
do not apply to the account created under Section 1001.081.
Sec. 1001.083. REVENUE. (a) Notwithstanding any other
law, and except as provided by Section 1001.081(c), all fees,
funds, penalties, and other revenue collected or received by the
department shall be deposited to the credit of the account
established under Section 1001.081.
(b) Except as provided by Subsection (c) or Sections
1001.081(c), (d), and (e), and unless otherwise dedicated by the
Texas Constitution, the following sources of revenue shall be
retained in the account established under Section 1001.081, and may
be appropriated only to the department:
(1) 10 percent of all fees, funds, penalties, or other
revenue collected or received by the department relating to motor
vehicle registration activities, other than fees collected under
Section 502.170 or 502.1705, provided that motor vehicle
registration fees dedicated by Section 7-a, Article VIII, Texas
Constitution, may be used only for the purposes prescribed by that
section;
(2) all fees, funds, penalties, or other revenue
collected or received by the department relating to:
(A) motor vehicle titling;
(B) license plates, including fees collected
under Section 502.170 or 502.1705;
(C) motor vehicle sales and distribution;
(D) motor carriers;
(E) household goods movers; or
(F) any other industry or function for which the
department may collect revenue; and
(3) any other revenue received by the department from
another source, including:
(A) donations;
(B) grants;
(C) loans;
(D) reimbursements;
(E) settlement or judgment payments;
(F) appropriations, including an appropriation
of revenue deposited in the account established under Section
1001.081; or
(G) payments or royalties for the sale, license,
or lease of an interest in department property.
(c) In the event of a conflict between this section and a
provision of law, including a final court order, relating to the
distribution of revenue, the other provision of law controls to the
extent that the other provision specifies a dollar or percentage
amount to which the department or another governmental entity or
agency is entitled.
(d) Following the determination of the amount to be retained
and deposited under Subsections (b) and (c), the remaining balance
shall be deposited to the credit of the account or fund authorized
by other applicable law.
(e) The comptroller shall submit to the Legislative Budget
Board a monthly report regarding the revenue collected by the
department under this section. The report must contain:
(1) an itemized accounting of the amounts deposited to
the credit of:
(A) the account established under Section
1001.081; and
(B) any other account or fund authorized by
applicable law; and
(2) a determination regarding the dedicated and
nondedicated amounts deposited to the credit of the state highway
fund.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2011.
(b) Section 1001.083, Transportation Code, as added by this
Act, takes effect September 1, 2013.