By: Harper-Brown H.B. No. 3836 A BILL TO BE ENTITLED AN ACT relating to the establishment of a motor vehicle mileage fee program for certain motor vehicles by the Texas Department of Motor Vehicles; authorizing a fee. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. DEFINITIONS. In this Act: (1) "Department" means the Texas Department of Motor Vehicles. (2) "Electric motor vehicle" means a motor vehicle that uses electricity as its only source of motor power. (3) "Liquefied fuel motor vehicle" means a motor vehicle that operates on one or any combination of the following: (A) liquefied natural gas; (B) butane; (C) ethane; or (D) propane. SECTION 2. ELECTRIC MOTOR VEHICLE AND LIQUEFIED FUEL MOTOR VEHICLE MILEAGE FEE PROGRAM. (a) The department by rule shall establish and implement a statewide program to assess owners of electric motor vehicles and liquefied fuel motor vehicles a vehicle mileage fee that is based on the number of miles traveled on public roads in this state by those motor vehicles. The program must require all electric motor vehicles and liquefied fuel motor vehicles registered in this state to be subject to the mileage fee. (b) The department shall establish a method to determine vehicle mileage. The method may include, but is not limited to: (1) an odometer reading that will occur in a manner specified by the department; or (2) a device installed in the vehicle that electronically reports the number of miles traveled. (c) The department, in consultation with the Texas Department of Transportation, Department of Public Safety, and comptroller of public accounts, by rule shall: (1) establish the administrative framework needed to assess an electric motor vehicle and liquefied fuel motor vehicle mileage fee; and (2) set the amount of the electric motor vehicle and liquefied fuel motor vehicle mileage fee on a per mile basis. In determining the amount of the fee, the department shall consider the average amount of gasoline tax paid for a gasoline-powered motor vehicle of a comparable class. (d) The department must establish the administrative framework needed to implement a system for assessing a motor vehicle mileage fee not later than January 1, 2014. The program must begin not later than January 1, 2014. SECTION 3. EFFECTIVE DATE. 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, 2013.