Texas 2013 - 83rd Regular

Texas House Bill HB2202 Compare Versions

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1	1	By: Pickett, McClendon (Senate Sponsor - Williams) H.B. No. 2202
2	2	(In the Senate - Received from the House May 6, 2013;
3	3	May 7, 2013, read first time and referred to Committee on Finance;
4	4	May 17, 2013, reported favorably by the following vote: Yeas 14,
5	5	Nays 0; May 17, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the disposition of fees collected by or on behalf of the
11	11	Texas Department of Motor Vehicles; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 232.014(b), Family Code, is amended to
14	14	read as follows:
15	15	(b) A fee collected by the Texas Department of Motor
16	16	Vehicles shall be deposited to the credit of the Texas Department of
17	17	Motor Vehicles fund. A fee collected by [or] the Department of
18	18	Public Safety shall be deposited to the credit of the state highway
19	19	fund.
20	20	SECTION 2. Section 348.005, Finance Code, is amended to
21	21	read as follows:
22	22	Sec. 348.005. ITEMIZED CHARGE. An amount in a retail
23	23	installment contract is an itemized charge if the amount is not
24	24	included in the cash price and is the amount of:
25	25	(1) fees for registration, certificate of title, and
26	26	license and any additional registration fees charged by a [full
27	27	service] deputy as authorized by rules adopted under Section
28	28	520.0071 [502.114], Transportation Code;
29	29	(2) any taxes;
30	30	(3) fees or charges prescribed by law and connected
31	31	with the sale or inspection of the motor vehicle; and
32	32	(4) charges authorized for insurance, service
33	33	contracts, warranties, or a debt cancellation agreement by
34	34	Subchapter C.
35	35	SECTION 3. Section 353.006, Finance Code, is amended to
36	36	read as follows:
37	37	Sec. 353.006. ITEMIZED CHARGE. An amount in a retail
38	38	installment contract is an itemized charge if the amount is not
39	39	included in the cash price and is the amount of:
40	40	(1) fees for registration, certificate of title, and
41	41	license and any additional registration fees charged by a [full
42	42	service] deputy as authorized by rules adopted under Section
43	43	520.0071 [502.114], Transportation Code;
44	44	(2) any taxes;
45	45	(3) fees or charges prescribed by law and connected
46	46	with the sale or inspection of the commercial vehicle;
47	47	(4) charges authorized for insurance, service
48	48	contracts, and warranties by Subchapter C; and
49	49	(5) advances or payments authorized under Section
50	50	353.402(b) or (c) made by the retail seller to or for the benefit of
51	51	the retail buyer.
52	52	SECTION 4. Section 2301.156, Occupations Code, is amended
53	53	to read as follows:
54	54	Sec. 2301.156. DEPOSIT OF REVENUE. Notwithstanding any
55	55	other law to the contrary, all money collected by the board under
56	56	this chapter shall be deposited in the state treasury to the credit
57	57	of the Texas Department of Motor Vehicles [state highway] fund.
58	58	SECTION 5. Section 2301.801(c), Occupations Code, is
59	59	amended to read as follows:
60	60	(c) Notwithstanding any other law to the contrary, a civil
61	61	penalty recovered under this chapter shall be deposited in the
62	62	state treasury to the credit of the Texas Department of Motor
63	63	Vehicles [state highway] fund.
64	64	SECTION 6. Section 501.0234(b), Transportation Code, is
65	65	amended to read as follows:
66	66	(b) This section does not apply to a motor vehicle:
67	67	(1) that has been declared a total loss by an insurance
68	68	company in the settlement or adjustment of a claim;
69	69	(2) for which the title has been surrendered in
70	70	exchange for:
71	71	(A) a salvage vehicle title or salvage record of
72	72	title issued under this chapter;
73	73	(B) a nonrepairable vehicle title or
74	74	nonrepairable vehicle record of title issued under this chapter or
75	75	Subchapter D, Chapter 683; or
76	76	(C) an ownership document issued by another state
77	77	that is comparable to a document described by Paragraph (A) or (B);
78	78	(3) with a gross weight in excess of 11,000 pounds; or
79	79	(4) purchased by a commercial fleet buyer who:
80	80	(A) is a [full-service] deputy authorized by
81	81	rules adopted under Section 520.0071;
82	82	(B) [520.008 and who] utilizes the dealer title
83	83	application process developed to provide a method to submit title
84	84	transactions to the county in which the commercial fleet buyer is a
85	85	[full-service] deputy; and
86	86	(C) has authority to accept an application for
87	87	registration and application for title transfer that the county
88	88	assessor-collector may accept.
89	89	SECTION 7. Section 501.033(c), Transportation Code, is
90	90	amended to read as follows:
91	91	(c) A fee of $2 must accompany each application under this
92	92	section to be deposited in the Texas Department of Motor Vehicles
93	93	[state highway] fund.
94	94	SECTION 8. Section 501.076(c), Transportation Code, is
95	95	amended to read as follows:
96	96	(c) The person named as the agent in the limited power of
97	97	attorney must meet the following requirements:
98	98	(1) the person may be a person who has been deputized
99	99	[appointed by the commissioners court as a deputy] to perform
100	100	vehicle registration functions as authorized by rules adopted under
101	101	Section 520.0071 [520.0091], a licensed vehicle auction company
102	102	holding a wholesale general distinguishing number under Section
103	103	503.022, a person who has a permit similar to one of the foregoing
104	104	that is issued by the state in which the owner is located, or
105	105	another person authorized by law to execute title documents in the
106	106	state in which the owner executes the documents; and
107	107	(2) the person may not be the transferee or an employee
108	108	of the transferee. The person may not act as the agent of both the
109	109	transferor and transferee in the transaction. For the purposes of
110	110	this section, a person is not the agent of both the transferor and
111	111	transferee in a transaction unless the person has the authority to
112	112	sign the documents pertaining to the transfer of title on behalf of
113	113	both the transferor and the transferee.
114	114	SECTION 9. Section 501.097(d), Transportation Code, is
115	115	amended to read as follows:
116	116	(d) The fee collected under Subsection (a)(1) shall be
117	117	credited to the Texas Department of Motor Vehicles [state highway]
118	118	fund to defray the costs of administering this subchapter and the
119	119	costs to the department for issuing the title.
120	120	SECTION 10. Section 501.134(a), Transportation Code, is
121	121	amended to read as follows:
122	122	(a) If a printed title is lost or destroyed, the owner or
123	123	lienholder disclosed on the title may obtain, in the manner
124	124	provided by this section and department rule, a certified copy of
125	125	the lost or destroyed title directly from the department by
126	126	applying in a manner prescribed by the department and paying a fee
127	127	of $2. A fee collected under this subsection shall be deposited to
128	128	the credit of the Texas Department of Motor Vehicles [state
129	129	highway] fund and may be spent only as provided by Section 501.138.
130	130	SECTION 11. Sections 501.138(b-2) and (c), Transportation
131	131	Code, are amended to read as follows:
132	132	(b-2) The comptroller shall establish a record of the amount
133	133	of the fees deposited to the credit of the Texas Mobility Fund under
134	134	Subsection (b-1). On or before the fifth workday of each month,
135	135	the Texas Department of Transportation [department] shall remit to
136	136	the comptroller for deposit to the credit of the Texas emissions
137	137	reduction plan fund an amount of money equal to the amount of the
138	138	fees deposited by the comptroller to the credit of the Texas
139	139	Mobility Fund under Subsection (b-1) in the preceding month. The
140	140	Texas Department of Transportation [department] shall use for
141	141	remittance to the comptroller as required by this subsection money
142	142	in the state highway fund that is not required to be used for a
143	143	purpose specified by Section 7-a, Article VIII, Texas Constitution,
144	144	and may not use for that remittance money received by this state
145	145	under the congestion mitigation and air quality improvement program
146	146	established under 23 U.S.C. Section 149.
147	147	(c) Of the amount received under Subsection (b)(2), the
148	148	department shall deposit:
149	149	(1) $5 in the general revenue fund; and
150	150	(2) $3 to the credit of the Texas Department of Motor
151	151	Vehicles [state highway] fund to recover the expenses necessary to
152	152	administer this chapter.
153	153	SECTION 12. Section 501.148(b), Transportation Code, is
154	154	amended to read as follows:
155	155	(b) The county assessor-collector shall report and remit
156	156	the balance of the fees collected to the department on Monday of
157	157	each week as other fees are required to be reported and remitted.
158	158	The department shall deposit the remitted fees in the state
159	159	treasury to the credit of the Texas Department of Motor Vehicles
160	160	fund.
161	161	SECTION 13. Section 501.178, Transportation Code, is
162	162	amended to read as follows:
163	163	Sec. 501.178. DISPOSITION OF FEES. All fees collected
164	164	under this subchapter shall be deposited to the credit of the Texas
165	165	Department of Motor Vehicles [state highway] fund.
166	166	SECTION 14. Section 502.058, Transportation Code, is
167	167	amended by adding Subsection (c) to read as follows:
168	168	(c) A fee collected by the department under Subsection (a)
169	169	shall be deposited to the credit of the Texas Department of Motor
170	170	Vehicles fund.
171	171	SECTION 15. Section 502.060, Transportation Code, is
172	172	amended by adding Subsection (e) to read as follows:
173	173	(e) The portion of the fee sent to the department under
174	174	Subsection (d) shall be deposited to the credit of the Texas
175	175	Department of Motor Vehicles fund.
176	176	SECTION 16. Section 502.094(h), Transportation Code, is
177	177	amended to read as follows:
178	178	(h) The department may establish one or more escrow accounts
179	179	in the Texas Department of Motor Vehicles [state highway] fund for
180	180	the prepayment of a 72-hour permit or a 144-hour permit. Any fee
181	181	established by the department for the administration of this
182	182	subsection shall be administered as required by an agreement
183	183	entered into by the department.
184	184	SECTION 17. Section 502.146(a), Transportation Code, is
185	185	amended to read as follows:
186	186	(a) The department shall issue specialty license plates to a
187	187	vehicle described by Subsection (b) or (c). The fee for the license
188	188	plates is $5 and shall be deposited to the credit of the Texas
189	189	Department of Motor Vehicles fund.
190	190	SECTION 18. Section 502.191, Transportation Code, is
191	191	amended by adding Subsection (f) to read as follows:
192	192	(f) The department may not collect a fee under Subsection
193	193	(c) or (d) if the department collects a fee under Section 502.1911.
194	194	SECTION 19. Subchapter E, Chapter 502, Transportation Code,
195	195	is amended by adding Section 502.1911 to read as follows:
196	196	Sec. 502.1911. REGISTRATION PROCESSING AND HANDLING FEE.
197	197	(a) The department may collect a fee, in addition to other
198	198	registration fees for the issuance of a license plate, a set of
199	199	license plates, or another device used as the registration
200	200	insignia, to cover the expenses of collecting those registration
201	201	fees, including a service charge for registration by mail.
202	202	(b) The board by rule shall set the fee in an amount that:
203	203	(1) includes the fee established under Section
204	204	502.356(a); and
205	205	(2) is sufficient to cover the expenses associated
206	206	with collecting registration fees by:
207	207	(A) the department;
208	208	(B) a county tax assessor-collector;
209	209	(C) a private entity with which a county tax
210	210	assessor-collector contracts under Section 502.197; or
211	211	(D) a deputy assessor-collector that is
212	212	deputized in accordance with board rule under Section 520.0071.
213	213	(c) The county tax assessor-collector, a private entity
214	214	with which a county tax assessor-collector contracts under Section
215	215	502.197, or a deputy assessor-collector may retain a portion of the
216	216	fee collected under Subsection (b) as provided by board rule.
217	217	Remaining amounts collected under this section shall be deposited
218	218	to the credit of the Texas Department of Motor Vehicles fund.
219	219	SECTION 20. Section 502.192, Transportation Code, is
220	220	amended to read as follows:
221	221	Sec. 502.192. TRANSFER FEE. The purchaser of a used motor
222	222	vehicle shall pay, in addition to any fee required under Chapter 501
223	223	for the transfer of title, a transfer fee of $2.50 for the transfer
224	224	of the registration of the motor vehicle. The county
225	225	assessor-collector may retain as commission for services provided
226	226	under this subchapter half of each transfer fee collected. The
227	227	portion of each transfer fee not retained by the county
228	228	assessor-collector shall be deposited to the credit of the Texas
229	229	Department of Motor Vehicles fund.
230	230	SECTION 21. Sections 502.197(a) and (b), Transportation
231	231	Code, are amended to read as follows:
232	232	(a) A county assessor-collector may retain [collect] a
233	233	service charge in the amount determined by the board under Section
234	234	502.1911 [of $1] from each applicant registering a vehicle by
235	235	mail. The service charge shall be used to pay the costs of handling
236	236	and postage to mail the registration receipt and insignia to the
237	237	applicant.
238	238	(b) With the approval of the commissioners court of a
239	239	county, a county assessor-collector may contract with a private
240	240	entity to enable an applicant for registration to use an electronic
241	241	off-premises location. A private entity may retain an amount
242	242	determined by the board under Section 502.1911 [charge an applicant
243	243	not more than $1] for the service provided.
244	244	SECTION 22. Sections 502.198(a), (c), and (d),
245	245	Transportation Code, are amended to read as follows:
246	246	(a) Except as provided by Sections 502.058, 502.060,
247	247	502.1911, 502.192, [502.1982] and 502.357, this section applies to
248	248	all fees collected by a county assessor-collector under this
249	249	chapter.
250	250	(c) After the credits to the county road and bridge fund
251	251	equal the total computed under Subsection (b), each Monday the
252	252	county assessor-collector shall:
253	253	(1) credit to the county road and bridge fund an amount
254	254	equal to 50 percent of the net collections made during the preceding
255	255	week, until the amount so credited for the calendar year equals
256	256	$125,000; and
257	257	(2) send to the department an amount equal to 50
258	258	percent of those collections for deposit to the credit of the state
259	259	highway fund.
260	260	(d) After the credits to the county road and bridge fund
261	261	equal the total amounts computed under Subsections (b) and (c)(1),
262	262	each Monday the county assessor-collector shall send to the
263	263	department all collections made during the preceding week for
264	264	deposit to the credit of the state highway fund.
265	265	SECTION 23. Section 502.1983(a), Transportation Code, is
266	266	amended to read as follows:
267	267	(a) Except as provided by Section [Sections 502.1982 and]
268	268	502.357, a county assessor-collector may:
269	269	(1) deposit the fees in an interest-bearing account or
270	270	certificate in the county depository; and
271	271	(2) send the fees to the department not later than the
272	272	34th day after the date the fees are due under Section 502.357.
273	273	SECTION 24. Section 502.1984(a), Transportation Code, is
274	274	amended to read as follows:
275	275	(a) A fee required to be sent to the department under this
276	276	chapter bears interest for the benefit of the state highway fund or
277	277	the Texas Department of Motor Vehicles fund, as applicable, at an
278	278	annual rate of 10 percent beginning on the 60th day after the date
279	279	the county assessor-collector collects the fee.
280	280	SECTION 25. Section 502.1985(a), Transportation Code, is
281	281	amended to read as follows:
282	282	(a) Money credited to the county road and bridge fund under
283	283	Section 502.198 [or 502.1982] may not be used to pay the
284	284	compensation of the county judge or a county commissioner. The
285	285	money may be used only for the construction and maintenance of
286	286	lateral roads in the county, under the supervision of the county
287	287	engineer.
288	288	SECTION 26. Section 502.356, Transportation Code, is
289	289	amended to read as follows:
290	290	Sec. 502.356. AUTOMATED REGISTRATION AND TITLING SYSTEM.
291	291	(a) In addition to other registration fees for a license plate or
292	292	set of license plates or other device used as the registration
293	293	insignia, the board by rule shall adopt a fee of not less than 50
294	294	cents and not more than $1. The fee shall be collected and
295	295	deposited into a subaccount in the Texas Department of Motor
296	296	Vehicles fund.
297	297	(b) The department may use money collected under this
298	298	section to provide for or enhance the automation of and the
299	299	necessary infrastructure for:
300	300	(1) [automated] on-premises and off-premises
301	301	registration and permitting, including permitting under Subtitle
302	302	E; [and]
303	303	(2) services related to the titling of vehicles; and
304	304	(3) licensing and enforcement procedures.
305	305	SECTION 27. Section 502.405(c), Transportation Code, is
306	306	amended to read as follows:
307	307	(c) Three percent of all money collected under this section
308	308	shall be credited to the Texas Department of Motor Vehicles fund and
309	309	may be appropriated only to the department to administer this
310	310	section.
311	311	SECTION 28. Section 503.007(d), Transportation Code, is
312	312	amended to read as follows:
313	313	(d) A fee collected under this section shall be deposited to
314	314	the credit of the Texas Department of Motor Vehicles [state
315	315	highway] fund.
316	316	SECTION 29. Section 503.008(d), Transportation Code, is
317	317	amended to read as follows:
318	318	(d) A fee collected under this section shall be deposited to
319	319	the credit of the Texas Department of Motor Vehicles [state
320	320	highway] fund.
321	321	SECTION 30. Section 503.012, Transportation Code, is
322	322	amended to read as follows:
323	323	Sec. 503.012. COLLECTED MONEY. Section 403.095, Government
324	324	Code, does not apply to money received by the department and
325	325	deposited to the credit of the Texas Department of Motor Vehicles
326	326	[state highway] fund in accordance with this chapter.
327	327	SECTION 31. Section 503.0615(f), Transportation Code, is
328	328	amended to read as follows:
329	329	(f) Of each fee collected by the department under this
330	330	section:
331	331	(1) $1.25 shall be deposited to the credit of the Texas
332	332	Department of Motor Vehicles [state highway] fund to defray the
333	333	cost of administering this section; and
334	334	(2) the remainder shall be deposited to the credit of
335	335	the general revenue fund.
336	336	SECTION 32. Section 503.0618, Transportation Code, is
337	337	amended by adding Subsection (e) to read as follows:
338	338	(e) A fee collected under this section shall be deposited to
339	339	the credit of the Texas Department of Motor Vehicles fund.
340	340	SECTION 33. Section 503.063(g), Transportation Code, is
341	341	amended to read as follows:
342	342	(g) For each buyer's temporary tag, a dealer shall charge
343	343	the buyer a registration fee of not more than $5 as prescribed by
344	344	the department to be sent to the comptroller for deposit to the
345	345	credit of the Texas Department of Motor Vehicles [state highway]
346	346	fund.
347	347	SECTION 34. Section 503.065, Transportation Code, is
348	348	amended by adding Subsection (f) to read as follows:
349	349	(f) A fee collected under this section shall be deposited to
350	350	the credit of the Texas Department of Motor Vehicles fund.
351	351	SECTION 35. Section 504.002, Transportation Code, is
352	352	amended to read as follows:
353	353	Sec. 504.002. GENERAL PROVISIONS. Unless expressly
354	354	provided by this chapter or by department rule:
355	355	(1) except for license plates specified as exempt, the
356	356	fee for issuance of a license plate, including replacement plates,
357	357	is in addition to each other fee that is paid for at the time of the
358	358	registration of the motor vehicle and shall be deposited to the
359	359	credit of the Texas Department of Motor Vehicles [state highway]
360	360	fund;
361	361	(2) if the registration period is greater than 12
362	362	months, the expiration date of a specialty license plate, symbol,
363	363	tab, or other device shall be aligned with the registration period,
364	364	and the specialty plate fee shall be adjusted pro rata, except that
365	365	if the statutory annual fee for a specialty license plate is $5 or
366	366	less, it may not be prorated;
367	367	(3) the department is the exclusive owner of the
368	368	design of each license plate;
369	369	(4) if a license plate is lost, stolen, or mutilated,
370	370	an application for a replacement plate must be accompanied by the
371	371	fee prescribed by Section 502.060; and
372	372	(5) the department shall prepare the designs and
373	373	specifications of license plates.
374	374	SECTION 36. Section 504.007(c), Transportation Code, is
375	375	amended to read as follows:
376	376	(c) A county assessor-collector shall retain $2.50 of each
377	377	fee collected under this section and forward the remainder of the
378	378	fee to the department for deposit to the credit of the Texas
379	379	Department of Motor Vehicles fund.
380	380	SECTION 37. Sections 504.009(b) and (c), Transportation
381	381	Code, are amended to read as follows:
382	382	(b) The fee for a single souvenir license plate is $20. The
383	383	fee shall be deposited to the credit of the Texas Department of
384	384	Motor Vehicles [state highway] fund unless the souvenir license
385	385	plate is a replica of a specialty license plate issued under
386	386	Subchapter G or I for which the fee is deposited to an account other
387	387	than the Texas Department of Motor Vehicles [state highway] fund,
388	388	in which case:
389	389	(1) $10 of the fee for the souvenir license plate shall
390	390	be deposited to the credit of the designated account; and
391	391	(2) $10 of the fee for the souvenir license plate shall
392	392	be deposited to the credit of the Texas Department of Motor Vehicles
393	393	[state highway] fund.
394	394	(c) If a souvenir license plate issued before November 19,
395	395	2009, is personalized, the fee for the plate is $40. Of the fee:
396	396	(1) $20 shall be deposited to the credit of the Texas
397	397	Department of Motor Vehicles [state highway] fund;
398	398	(2) $10 shall be deposited to the credit of the
399	399	designated account if the souvenir license plate is a replica of a
400	400	specialty license plate issued under Subchapter G or I for which the
401	401	fee is deposited to a designated account other than the Texas
402	402	Department of Motor Vehicles [state highway] fund; and
403	403	(3) the remainder shall be deposited to the credit of
404	404	the general revenue fund.
405	405	SECTION 38. Section 504.647(b), Transportation Code, is
406	406	amended to read as follows:
407	407	(b) The fee shall be deposited to the credit of the Texas
408	408	Department of Motor Vehicles [state highway] fund.
409	409	SECTION 39. Section 504.801(e), Transportation Code, is
410	410	amended to read as follows:
411	411	(e) For each fee collected for a license plate issued by the
412	412	department under this section:
413	413	(1) $8 shall be used to reimburse the department for
414	414	its administrative costs; and
415	415	(2) the remainder shall be deposited to the credit of:
416	416	(A) the specialty license plate fund, which is an
417	417	account in the general revenue fund, if the sponsor nominated a
418	418	state agency to receive the funds; or
419	419	(B) the Texas Department of Motor Vehicles [state
420	420	highway] fund if the sponsor did not nominate a state agency to
421	421	receive the funds or if there is no sponsor.
422	422	SECTION 40. Section 504.851(j), Transportation Code, is
423	423	amended to read as follows:
424	424	(j) From amounts received by the department under the
425	425	contract described by Subsection (a), the department shall deposit
426	426	to the credit of the Texas Department of Motor Vehicles [state
427	427	highway] fund an amount sufficient to enable the department to
428	428	recover its administrative costs for all license plates issued
429	429	under this section, any payments to the vendor under the contract,
430	430	and any other amounts allocated by law to the Texas Department of
431	431	Motor Vehicles [state highway] fund. To the extent that the
432	432	disposition of other amounts received by the department is governed
433	433	by another law, those amounts shall be deposited in accordance with
434	434	the other law. Any additional amount received by the department
435	435	under the contract shall be deposited to the credit of the general
436	436	revenue fund.
437	437	SECTION 41. Section 520.001, Transportation Code, is
438	438	amended to read as follows:
439	439	Sec. 520.001. DEFINITIONS [DEFINITION]. In this chapter:
440	440	(1) "Board" means the board of the Texas Department of
441	441	Motor Vehicles.
442	442	(2) "Department"[, "department"] means the Texas
443	443	Department of Motor Vehicles.
444	444	SECTION 42. Section 520.005(c), Transportation Code, is
445	445	amended to read as follows:
446	446	(c) Notwithstanding the requirements of Section 520.0071
447	447	[Sections 520.008 and 520.0091], the assessor-collector may
448	448	license franchised and non-franchised motor vehicle dealers to
449	449	title and register motor vehicles in accordance with rules adopted
450	450	under Section 520.004. The county assessor-collector may pay a fee
451	451	to a motor vehicle dealer independent of or as part of the portion
452	452	of the fees that would be collected by the county for each title and
453	453	registration receipt issued.
454	454	SECTION 43. Section 520.006(a), Transportation Code, is
455	455	amended to read as follows:
456	456	(a) A county assessor-collector shall retain an amount
457	457	determined by the board under Section 502.1911 [receive a fee of
458	458	$1.90] for each receipt issued under Chapter 502.
459	459	SECTION 44. Subchapter A, Chapter 520, Transportation Code,
460	460	is amended by adding Section 520.0071 to read as follows:
461	461	Sec. 520.0071. DEPUTIES. (a) The board by rule shall
462	462	prescribe:
463	463	(1) the classification types of deputies performing
464	464	titling and registration duties;
465	465	(2) the duties and obligations of deputies;
466	466	(3) the type and amount of any bonds that may be
467	467	required by a county assessor-collector for a deputy to perform
468	468	titling and registration duties; and
469	469	(4) the fees that may be charged or retained by
470	470	deputies.
471	471	(b) A county assessor-collector, with the approval of the
472	472	commissioners court of the county, may deputize an individual or
473	473	business entity to perform titling and registration services in
474	474	accordance with rules adopted under Subsection (a).
475	475	SECTION 45. Section 520.0093(e), Transportation Code, is
476	476	amended to read as follows:
477	477	(e) Under the agreement, the department shall charge an
478	478	amount not less than the amount of the cost to the department to
479	479	provide the additional equipment and any related services under the
480	480	lease. All money collected under the lease shall be deposited to
481	481	the credit of the Texas Department of Motor Vehicles [state
482	482	highway] fund.
483	483	SECTION 46. Section 520.016(c), Transportation Code, is
484	484	amended to read as follows:
485	485	(c) This section does not apply to a violation of Section
486	486	520.006 or a rule adopted under Section 520.0071[, 520.008,
487	487	520.009, 520.0091, or 520.0092].
488	488	SECTION 47. Sections 621.351(a) and (c), Transportation
489	489	Code, are amended to read as follows:
490	490	(a) The department may establish one or more escrow accounts
491	491	in the Texas Department of Motor Vehicles [state highway] fund for
492	492	the prepayment of a fee for a permit issued by the department that
493	493	authorizes the operation of a vehicle and its load or a combination
494	494	of vehicles and load exceeding size or weight limitations.
495	495	(c) The department shall deposit each fee established under
496	496	this section to the credit of the Texas Department of Motor Vehicles
497	497	[state highway] fund. The fees may be appropriated only to the
498	498	department for purposes of administering this section.
499	499	SECTION 48. Section 621.352(a), Transportation Code, is
500	500	amended to read as follows:
501	501	(a) The board by rule may establish fees for the
502	502	administration of Section 621.003 in an amount that, when added to
503	503	the other fees collected by the department, does not exceed the
504	504	amount sufficient to recover the actual cost to the department of
505	505	administering that section. An administrative fee collected under
506	506	this section shall be sent to the comptroller for deposit to the
507	507	credit of the Texas Department of Motor Vehicles [state highway]
508	508	fund and may be appropriated only to the department for the
509	509	administration of Section 621.003.
510	510	SECTION 49. Section 621.353(a), Transportation Code, is
511	511	amended to read as follows:
512	512	(a) The comptroller shall send $50 of each base fee
513	513	collected under Section 623.011 for an excess weight permit to the
514	514	counties of the state, with each county receiving an amount
515	515	determined according to the ratio of the total number of miles of
516	516	county roads maintained by the county to the total number of miles
517	517	of county roads maintained by all of the counties of this
518	518	state. The comptroller shall deposit $40 of each base fee, plus
519	519	each fee collected under Section 623.0112, to the credit of the
520	520	Texas Department of Motor Vehicles [state highway] fund. Money
521	521	deposited to the credit of that fund under this subsection may be
522	522	appropriated only to the department to administer this section and
523	523	Sections 623.011, 623.0111, and 623.0112.
524	524	SECTION 50. Section 621.354, Transportation Code, is
525	525	amended to read as follows:
526	526	Sec. 621.354. DISPOSITION OF FEES FOR PERMIT FOR MOVEMENT
527	527	OF CYLINDRICAL HAY BALES. Of each fee collected under Section
528	528	623.017, the [The] department shall deposit:
529	529	(1) 90 percent [each fee collected under Section
530	530	623.017] in the state treasury to the credit of the state highway
531	531	fund; and
532	532	(2) 10 percent in the state treasury to the credit of
533	533	the Texas Department of Motor Vehicles fund.
534	534	SECTION 51. Section 623.0111(c), Transportation Code, is
535	535	amended to read as follows:
536	536	(c) Of the fees collected under Subsection (a), the
537	537	following amounts shall be deposited to the general revenue fund,
538	538	90 percent of [and] the remainder shall be deposited to the credit
539	539	of the state highway fund, and 10 percent of the remainder shall be
540	540	deposited to the credit of the Texas Department of Motor Vehicles
541	541	fund:
542	542	Number of Counties Designated Amount Allocated to General Revenue Fund Number of Counties Designated Amount Allocated to General Revenue Fund
543	543	Number of Counties Designated Amount Allocated to General Revenue Fund
544	544	Number of Counties Designated Amount Allocated to General Revenue Fund Number of Counties Designated Amount Allocated to General Revenue Fund
545	545	Number of Counties Designated Amount Allocated to General Revenue Fund
546	546	1-5 $125 1-5 $125
547	547	1-5 $125
548	548	6-20 $125 6-20 $125
549	549	6-20 $125
550	550	21-40 $345 21-40 $345
551	551	21-40 $345
552	552	41-60 $565 41-60 $565
553	553	41-60 $565
554	554	61-80 $785 61-80 $785
555	555	61-80 $785
556	556	81-100 $900 81-100 $900
557	557	81-100 $900
558	558	101-254 $1,000 101-254 $1,000
559	559	101-254 $1,000
560	560	SECTION 52. Sections 623.014(c) and (d), Transportation
561	561	Code, are amended to read as follows:
562	562	(c) The department shall issue the prorated credit if the
563	563	person:
564	564	(1) pays the fee adopted by the board [department];
565	565	and
566	566	(2) provides the department with:
567	567	(A) the original permit; or
568	568	(B) if the original permit does not exist,
569	569	written evidence in a form approved by the department that the
570	570	vehicle has been destroyed or is permanently inoperable.
571	571	(d) The fee adopted by the board [department] under
572	572	Subsection (c)(1) may not exceed the cost of issuing the credit. A
573	573	fee collected by the department under Subsection (c)(1) shall be
574	574	deposited to the credit of the Texas Department of Motor Vehicles
575	575	fund.
576	576	SECTION 53. Sections 623.0711(g) and (h), Transportation
577	577	Code, are amended to read as follows:
578	578	(g) An application for a permit under this section must be
579	579	accompanied by the permit fee established by the department, in
580	580	consultation with the commission, for the permit, not to exceed
581	581	$9,000. The department shall send each fee to the comptroller, who
582	582	shall [for] deposit:
583	583	(1) 90 percent of the fee to the credit of the state
584	584	highway fund; and
585	585	(2) 10 percent of the fee to the credit of the Texas
586	586	Department of Motor Vehicles fund.
587	587	(h) In addition to the fee established under Subsection (g),
588	588	the commission rules must authorize the department to collect a
589	589	consolidated permit payment for a permit under this section in an
590	590	amount not to exceed 15 percent of the fee established under
591	591	Subsection (g), of which:
592	592	(1) 90 percent shall [to] be deposited to the credit of
593	593	the state highway fund; and
594	594	(2) 10 percent shall be deposited to the credit of the
595	595	Texas Department of Motor Vehicles fund.
596	596	SECTION 54. Section 623.076, Transportation Code, is
597	597	amended by amending Subsections (a-1) and (c) and adding Subsection
598	598	(b-1) to read as follows:
599	599	(a-1) The following amounts collected under Subsection (a)
600	600	shall be deposited to the general revenue fund, 90 percent of [and]
601	601	the remainder shall be deposited to the credit of the state highway
602	602	fund, and 10 percent of the remainder shall be deposited to the
603	603	credit of the Texas Department of Motor Vehicles fund:
604	604	Amount of Fee Amount Allocated to General Revenue Fund Amount of Fee Amount Allocated to General Revenue Fund
605	605	Amount of Fee Amount Allocated to General Revenue Fund
606	606	$60 (single-trip permit) $30 $60 (single-trip permit) $30
607	607	$60 (single-trip permit) $30
608	608	$120 (30-day permit) $60 $120 (30-day permit) $60
609	609	$120 (30-day permit) $60
610	610	$180 $90 $180 $90
611	611	$180 $90
612	612	$240 $120 $240 $120
613	613	$240 $120
614	614	$270 $135 $270 $135
615	615	$270 $135
616	616	(b-1) The department shall deposit a fee collected under
617	617	Subsection (b)(3) to the credit of the Texas Department of Motor
618	618	Vehicles fund.
619	619	(c) An application for a permit under Section 623.071(c)(3)
620	620	or (d) must be accompanied by the permit fee established by the
621	621	board, in consultation with the commission, for the permit, not to
622	622	exceed $7,000. Of each fee collected under this subsection, the
623	623	department shall send:
624	624	(1) the first $1,000 to the comptroller for deposit to
625	625	the credit of the general revenue fund; and
626	626	(2) any amount in excess of $1,000 to the comptroller,
627	627	who shall [for] deposit:
628	628	(A) 90 percent of the excess to the credit of the
629	629	state highway fund; and
630	630	(B) 10 percent of the excess to the credit of the
631	631	Texas Department of Motor Vehicles fund.
632	632	SECTION 55. Section 623.077(b), Transportation Code, is
633	633	amended to read as follows:
634	634	(b) The department shall send each fee collected under
635	635	Subsection (a) to the comptroller, who shall [for] deposit:
636	636	(1) 90 percent of the fee to the credit of the state
637	637	highway fund; and
638	638	(2) 10 percent of the fee to the credit of the Texas
639	639	Department of Motor Vehicles fund.
640	640	SECTION 56. Sections 623.096(a) and (c), Transportation
641	641	Code, are amended to read as follows:
642	642	(a) The department shall collect a fee of $40 for each
643	643	permit issued under this subchapter. Of each fee, $19.70 shall be
644	644	deposited to the credit of the general revenue fund and of the
645	645	remainder:
646	646	(1) 90 percent shall be deposited to the credit of the
647	647	state highway fund; and
648	648	(2) 10 percent shall be deposited to the credit of the
649	649	Texas Department of Motor Vehicles fund.
650	650	(c) The department may establish an escrow account within
651	651	the Texas Department of Motor Vehicles fund for the payment of
652	652	permit fees.
653	653	SECTION 57. Section 623.124(b), Transportation Code, is
654	654	amended to read as follows:
655	655	(b) The department shall send each fee collected under this
656	656	section to the comptroller. Of each fee received from the
657	657	department, the comptroller shall deposit:
658	658	(1) $7.50 to the credit of the general revenue fund;
659	659	and
660	660	(2) of the remainder:
661	661	(A) 90 percent [$7.50] to the credit of the state
662	662	highway fund; and
663	663	(B) 10 percent to the credit of the Texas
664	664	Department of Motor Vehicles fund.
665	665	SECTION 58. Section 623.147, Transportation Code, is
666	666	amended to read as follows:
667	667	Sec. 623.147. DEPOSIT OF FEE IN STATE HIGHWAY FUND AND IN
668	668	TEXAS DEPARTMENT OF MOTOR VEHICLES FUND. A fee collected under this
669	669	subchapter shall be deposited as follows:
670	670	(1) 90 percent to the credit of the state highway fund;
671	671	and
672	672	(2) 10 percent to the credit of the Texas Department of
673	673	Motor Vehicles fund.
674	674	SECTION 59. Section 623.182(b), Transportation Code, is
675	675	amended to read as follows:
676	676	(b) The department shall send each fee collected under this
677	677	subchapter to the comptroller. Of each fee received from the
678	678	department, the comptroller shall deposit $50 to the credit of the
679	679	general revenue fund and of the remainder the department shall
680	680	deposit:
681	681	(1) 90 percent [$50] to the credit of the state highway
682	682	fund; and
683	683	(2) 10 percent to the credit of the Texas Department of
684	684	Motor Vehicles fund.
685	685	SECTION 60. Section 623.197, Transportation Code, is
686	686	amended to read as follows:
687	687	Sec. 623.197. DEPOSIT OF FEE IN STATE HIGHWAY FUND AND IN
688	688	TEXAS DEPARTMENT OF MOTOR VEHICLES FUND. A fee collected under this
689	689	subchapter shall be deposited as follows:
690	690	(1) 90 percent to the credit of the state highway fund;
691	691	and
692	692	(2) 10 percent to the credit of the Texas Department of
693	693	Motor Vehicles fund.
694	694	SECTION 61. Section 623.273, Transportation Code, is
695	695	amended by adding Subsection (e) to read as follows:
696	696	(e) Money collected by the department under Subsection (d)
697	697	shall be deposited to the credit of the Texas Department of Motor
698	698	Vehicles fund.
699	699	SECTION 62. Section 643.004(b), Transportation Code, is
700	700	amended to read as follows:
701	701	(b) The department may establish one or more escrow accounts
702	702	in the Texas Department of Motor Vehicles [state highway] fund for
703	703	the prepayment of a fee under this chapter. Prepaid fees and any
704	704	fees established by the department for the administration of this
705	705	section shall be:
706	706	(1) administered under an agreement approved by the
707	707	department; and
708	708	(2) deposited to the credit of the Texas Department of
709	709	Motor Vehicles [state highway] fund to be appropriated only to the
710	710	department for the purposes of administering this chapter.
711	711	SECTION 63. Section 645.002(c), Transportation Code, is
712	712	amended to read as follows:
713	713	(c) The department may establish one or more escrow accounts
714	714	in the Texas Department of Motor Vehicles [state highway] fund for
715	715	the prepayment of a fee under this chapter. A prepaid fee or any fee
716	716	established by the department for the administration of this
717	717	section shall be:
718	718	(1) administered under an agreement approved by the
719	719	department; and
720	720	(2) deposited to the credit of the Texas Department of
721	721	Motor Vehicles [state highway] fund to be appropriated only to the
722	722	department for the purposes of administering this chapter.
723	723	SECTION 64. Section 646.001, Transportation Code, is
724	724	amended to read as follows:
725	725	Sec. 646.001. DEFINITIONS [DEFINITION]. In this chapter:
726	726	(1) "Department" means the Texas Department of Motor
727	727	Vehicles.
728	728	(2) "Motor [, "motor] transportation broker" means a
729	729	person who:
730	730	(A) [(1)] sells, offers for sale, provides, or
731	731	negotiates for the transportation of cargo by a motor carrier
732	732	operated by another person; or
733	733	(B) [(2)] aids or abets a person in performing an
734	734	act described by Paragraph (A) [Subdivision (1)].
735	735	SECTION 65. Sections 646.003(a) and (c), Transportation
736	736	Code, are amended to read as follows:
737	737	(a) A person may not act as a motor transportation broker
738	738	unless the person provides a bond to the department [Texas
739	739	Department of Motor Vehicles].
740	740	(c) The department may charge the broker a bond review fee
741	741	in an amount not to exceed the cost of reviewing the bond. The
742	742	department shall deposit a fee collected under this subsection to
743	743	the credit of the Texas Department of Motor Vehicles fund.
744	744	SECTION 66. Section 681.005, Transportation Code, is
745	745	amended to read as follows:
746	746	Sec. 681.005. DUTIES OF COUNTY ASSESSOR-COLLECTOR. Each
747	747	county assessor-collector shall send to the department each fee
748	748	collected under Section 681.003, to be deposited in the Texas
749	749	Department of Motor Vehicles [state highway] fund to defray the
750	750	cost of providing the disabled parking placard.
751	751	SECTION 67. Section 683.052(d), Transportation Code, is
752	752	amended to read as follows:
753	753	(d) The application must be accompanied by a fee of $2,
754	754	unless the application is made by a unit of government. Fees
755	755	collected under this subsection shall be deposited to the credit of
756	756	the Texas Department of Motor Vehicles [state highway] fund.
757	757	SECTION 68. Section 1001.007(b), Transportation Code, is
758	758	amended to read as follows:
759	759	(b) Money collected by the department under this section
760	760	shall be deposited to the credit of the Texas Department of Motor
761	761	Vehicles [state highway] fund for use by the department in
762	762	supporting the department's operations and the administration of
763	763	the department's functions.
764	764	SECTION 69. Section 1001.009(d), Transportation Code, is
765	765	amended to read as follows:
766	766	(d) Revenue generated from the collection of discount or
767	767	service charges under Subsection (c) shall be deposited to the
768	768	credit of the Texas Department of Motor Vehicles [state highway]
769	769	fund for use by the department in supporting the department's
770	770	operations and the administration of the department's functions.
771	771	SECTION 70. Subchapter A, Chapter 1001, Transportation
772	772	Code, is amended by adding Section 1001.013 to read as follows:
773	773	Sec. 1001.013. PERFORMANCE OF CERTAIN DEPARTMENT FUNCTIONS
774	774	BY AUTHORIZED BUSINESS. (a) The executive director of the
775	775	department may authorize a business entity to perform a department
776	776	function in accordance with rules adopted under Subsection (b).
777	777	(b) The board by rule shall prescribe:
778	778	(1) the classification types of businesses that are
779	779	authorized to perform certain department functions;
780	780	(2) the duties and obligations of an authorized
781	781	business;
782	782	(3) the type and amount of any bonds that may be
783	783	required for a business to perform certain functions; and
784	784	(4) the fees that may be charged or retained by a
785	785	business authorized under this section.
786	786	SECTION 71. Chapter 1001, Transportation Code, is amended
787	787	by adding Subchapter E to read as follows:
788	788	SUBCHAPTER E. TEXAS DEPARTMENT OF MOTOR VEHICLES FUND
789	789	Sec. 1001.151. TEXAS DEPARTMENT OF MOTOR VEHICLES FUND.
790	790	(a) The Texas Department of Motor Vehicles fund is a special fund
791	791	in the treasury outside the general revenue fund and the state
792	792	highway fund.
793	793	(b) Except as provided by Subsection (c), and unless
794	794	otherwise dedicated by the Texas Constitution, the fund consists
795	795	of:
796	796	(1) money appropriated by the legislature to the
797	797	department;
798	798	(2) money allocated to pay fund accounting costs and
799	799	related liabilities of the fund;
800	800	(3) gifts, grants, and donations received by the
801	801	department;
802	802	(4) money required by law to be deposited to the fund;
803	803	(5) interest earned on money in the fund; and
804	804	(6) other revenue received by the department.
805	805	(c) Money appropriated to the department for Automobile
806	806	Burglary and Theft Prevention Authority purposes and other revenue
807	807	collected or received by the Automobile Burglary and Theft
808	808	Prevention Authority may not be deposited into the fund.
809	809	Sec. 1001.152. USE OF MONEY IN FUND. Money that is required
810	810	to be deposited in the state treasury to the credit of the Texas
811	811	Department of Motor Vehicles fund may be used by the department
812	812	only:
813	813	(1) to support the department's operations and the
814	814	administration and enforcement of the department's functions; or
815	815	(2) to pay the accounting costs and related
816	816	liabilities for the fund, including fringe benefits, workers'
817	817	compensation, and unemployment compensation.
818	818	Sec. 1001.153. APPLICABILITY OF OTHER LAW. Subchapter D,
819	819	Chapter 316, Government Code, and Section 403.095, Government Code,
820	820	do not apply to the fund created under Section 1001.151.
821	821	SECTION 72. Sections 502.1982, 520.008, 520.009, 520.0091,
822	822	and 520.0092, Transportation Code, are repealed.
823	823	SECTION 73. (a) On September 1, 2013, $59 million of
824	824	existing revenue from fees collected or received by the Texas
825	825	Department of Motor Vehicles under Section 502.356, Transportation
826	826	Code, and former Section 502.1705, Transportation Code, from
827	827	November 1, 2009, to August 31, 2013, shall be transferred to and
828	828	deposited in the fund established under Section 1001.151,
829	829	Transportation Code, as added by this Act.
830	830	(b) To the extent that revenue required to be deposited to
831	831	the credit of the Texas Department of Motor Vehicles fund under
832	832	Subsection (a) of this section was, before September 1, 2013, being
833	833	used as collateral or a source of payment for the repayment of any
834	834	loans, bonds, credit agreements, public securities, or other
835	835	obligations, that revenue remains subject to being used as
836	836	collateral or a source of payment for those obligations. However,
837	837	an obligation described by this subsection must first be paid from
838	838	the state highway fund, and the Texas Department of Motor Vehicles
839	839	fund is subject to the obligation only to the extent the state
840	840	highway fund is depleted at the time the obligation matures and
841	841	becomes due.
842	842	(c) A deputy appointed under Section 520.0091,
843	843	Transportation Code, on or before August 31, 2013, may continue to
844	844	perform the services authorized under Sections 520.008, 520.009,
845	845	520.0091, and 520.0092, Transportation Code, until the effective
846	846	date of the rules adopted by the board of the Texas Department of
847	847	Motor Vehicles regarding the types of deputies authorized to
848	848	perform titling and registration duties under Section 520.0071,
849	849	Transportation Code, as added by this Act.
850	850	SECTION 74. (a) Except as provided by Subsection (b) of
851	851	this section, this Act takes effect September 1, 2013.
852	852	(b) Sections 502.197(a) and (b) and 520.006, Transportation
853	853	Code, as amended by this Act, take effect on the effective date of
854	854	rules adopted by the board of the Texas Department of Motor Vehicles
855	855	regarding the registration processing and handling fee under
856	856	Section 502.1911, Transportation Code, as added by this Act.
857	857	* * * * *
858	858
859	859	Number of Counties Designated Amount Allocated to General Revenue Fund
860	860
861	861	Number of Counties Designated Amount Allocated to General Revenue Fund
862	862
863	863	1-5 $125
864	864
865	865	6-20 $125
866	866
867	867	21-40 $345
868	868
869	869	41-60 $565
870	870
871	871	61-80 $785
872	872
873	873	81-100 $900
874	874
875	875	101-254 $1,000
876	876
877	877	Amount of Fee Amount Allocated to General Revenue Fund
878	878
879	879	$60 (single-trip permit) $30
880	880
881	881	$120 (30-day permit) $60
882	882
883	883	$180 $90
884	884
885	885	$240 $120
886	886
887	887	$270 $135