| 1 | 1 | | By: Watson S.B. No. 579 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to optional fees on registration of vehicles in certain |
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| 7 | 7 | | counties to fund transportation projects; authorizing a fee. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 502.402(a), Transportation Code, as |
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| 10 | 10 | | amended by Chapters 1273 (H.B. 1198) and 1277 (H.B. 1573), Acts of |
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| 11 | 11 | | the 83rd Legislature, Regular Session, 2013, is reenacted to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (a) This section applies only to: |
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| 14 | 14 | | (1) a county that: |
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| 15 | 15 | | (A) borders the United Mexican States; and |
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| 16 | 16 | | (B) has a population of more than 250,000; and |
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| 17 | 17 | | (2) a county that has a population of more than 1.5 |
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| 18 | 18 | | million that is coterminous with a regional mobility authority. |
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| 19 | 19 | | SECTION 2. Subchapter H, Chapter 502, Transportation Code, |
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| 20 | 20 | | is amended by adding Section 502.406 to read as follows: |
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| 21 | 21 | | Sec. 502.406. OPTIONAL COUNTY FEE FOR PROJECTS OF REGIONAL |
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| 22 | 22 | | MOBILITY AUTHORITIES. (a) This section applies only to the most |
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| 23 | 23 | | populous county that is part of a regional mobility authority |
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| 24 | 24 | | created under Chapter 370 with at least two counties, at least one |
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| 25 | 25 | | of which has a population of more than one million. |
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| 26 | 26 | | (b) The commissioners court of a county by order may impose |
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| 27 | 27 | | an additional fee for a vehicle registered in the county. Except as |
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| 28 | 28 | | provided by Subsection (c), the fee may not exceed $10. |
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| 29 | 29 | | (c) The commissioners court of a county may increase the |
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| 30 | 30 | | additional fee to $20 adjusted annually to reflect the percentage |
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| 31 | 31 | | change during the preceding year in the construction cost index if |
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| 32 | 32 | | approved by a majority of the qualified voters of the county voting |
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| 33 | 33 | | on the issue at a referendum election, which the commissioners |
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| 34 | 34 | | court may order and hold for that purpose. The ballot language must |
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| 35 | 35 | | clearly state that the fee will increase annually in accordance |
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| 36 | 36 | | with the construction cost index. For purposes of this subsection, |
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| 37 | 37 | | the "construction cost index" means the most recent construction |
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| 38 | 38 | | cost index published by Engineering News-Record as a measure of |
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| 39 | 39 | | inflation or, if the construction cost index is not published, |
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| 40 | 40 | | another similar index chosen by the commissioners court. |
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| 41 | 41 | | (d) A vehicle that may be registered under this chapter |
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| 42 | 42 | | without payment of a registration fee may be registered under this |
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| 43 | 43 | | section without payment of the additional fee. |
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| 44 | 44 | | (e) A fee imposed under this section may take effect and be |
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| 45 | 45 | | removed in accordance with the requirements of Section 502.401. |
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| 46 | 46 | | (f) The additional fee shall be collected for a vehicle when |
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| 47 | 47 | | other fees imposed under this chapter are collected. The fee |
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| 48 | 48 | | revenue collected shall be sent to the regional mobility authority |
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| 49 | 49 | | in which the county is located to fund transportation projects that |
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| 50 | 50 | | are consistent with the purposes specified by Section 7-a, Article |
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| 51 | 51 | | VIII, Texas Constitution. Notwithstanding Section 370.251(i), |
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| 52 | 52 | | before a county may impose a fee under this section, a regional |
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| 53 | 53 | | mobility authority which is to receive fees from a county pursuant |
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| 54 | 54 | | to this section must enter into an agreement with the county that |
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| 55 | 55 | | identifies, or provides a process for identifying, transportation |
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| 56 | 56 | | projects which will be funded by fee revenue. The agreement must be |
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| 57 | 57 | | approved by the county commissioners court, the board of directors |
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| 58 | 58 | | of the regional mobility authority, and a majority of the board |
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| 59 | 59 | | members of the regional mobility authority who were appointed by |
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| 60 | 60 | | the county which adopted or approved the fee. |
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| 61 | 61 | | (g) Additional fees adopted by a county pursuant to this |
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| 62 | 62 | | section may only be used by the regional mobility authority for |
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| 63 | 63 | | projects located in the unincorporated and incorporated portions of |
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| 64 | 64 | | the county that adopted the fee, unless, in the agreement required |
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| 65 | 65 | | by Subsection (f), the county commissioners court and the regional |
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| 66 | 66 | | mobility authority make findings that: |
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| 67 | 67 | | (1) a project located wholly or partly within another |
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| 68 | 68 | | county will improve the safety and mobility of residents located |
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| 69 | 69 | | within the county that adopted the fee; and |
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| 70 | 70 | | (2) the development of the transportation project will |
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| 71 | 71 | | serve a public purpose. |
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| 72 | 72 | | (h) The department shall adopt rules necessary to |
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| 73 | 73 | | administer registration for a vehicle being registered in a county |
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| 74 | 74 | | imposing a fee under this section. |
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| 75 | 75 | | SECTION 3. This Act takes effect September 1, 2015. |
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