86R11646 BEE-D
By: Wilson H.B. No. 3469
A BILL TO BE ENTITLED
AN ACT
relating to fees charged for the operation of certain commercial
motor vehicles on public highways; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 621, Transportation Code, is amended by
adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. FEES FOR HIGHWAY OPERATION OF CERTAIN COMMERCIAL
MOTOR VEHICLES
Sec. 621.361. DEFINITIONS. In this subchapter:
(1) "Highway" has the meaning assigned by Section
366.003.
(2) "Transportation department" means the Texas
Department of Transportation.
Sec. 621.362. APPLICABILITY. (a) This subchapter applies
only to a commercial motor vehicle operating on a highway in this
state:
(1) that is subject to the federal electronic logging
device requirements of 49 C.F.R. Part 395; or
(2) operating only in intrastate commerce that would
be subject to the federal electronic logging device requirements of
49 C.F.R. Part 395 if operating in interstate or international
commerce.
(b) The transportation department by rule may determine
whether this subchapter applies to a particular commercial motor
vehicle or type of commercial motor vehicle.
Sec. 621.363. PAVEMENT CONSUMPTION FEE IMPOSED. (a) A
pavement consumption fee is imposed on the operation of a
commercial motor vehicle to which this subchapter applies in the
amount equal to the reasonable cost to repair damage to the pavement
of a highway caused by the normal operation of the vehicle.
(b) The pavement consumption fee is due and payable to the
comptroller by the operator of a commercial motor vehicle quarterly
on or before the 25th day of the month following each calendar
quarter.
(c) The comptroller shall adopt rules necessary to
administer, collect, and enforce the highway repair fee, including
rules allowing for prepayment of estimated fees calculated by the
operator of a commercial motor vehicle under Section 621.368.
Sec. 621.364. OPERATOR TO COLLECT AND REMIT FEE. (a)
Except as provided by Subsection (b), the operator of a commercial
motor vehicle subject to the pavement consumption fee who operates
the vehicle in the performance of a service for a customer shall:
(1) add the amount of the estimated fee calculated by
the operator under Section 621.368 to the cost of the service and
collect the fee at the same time that the operator collects from the
customer the charge for the service performed; and
(2) remit the fee to the comptroller in accordance
with the rules adopted by the comptroller under this subchapter.
(b) The operator of a commercial motor vehicle subject to
the pavement consumption fee who operates the vehicle on the
operator's own behalf shall remit the fee to the comptroller in
accordance with the rules adopted by the comptroller under this
subchapter.
Sec. 621.365. PAVEMENT CONSUMPTION RATES. (a) The
transportation department, in consultation with the University of
Texas Center for Transportation Research and the Texas A&M
Transportation Institute, shall establish rates for the fee that
reflect the cost per mile to repair damage caused to the pavement of
each section of a specific highway by the normal operation of a
commercial motor vehicle subject to the pavement consumption fee.
(b) In determining the rates under Subsection (a), the
transportation department shall consider:
(1) the type of each section of a specific highway,
including the highway pavement material of each section; and
(2) the characteristics of commercial motor vehicles
normally operating on the section of the specific highway,
including the vehicles' weight and the number of axles of the
vehicles.
(c) To the maximum extent feasible, the transportation
department shall establish a rate under this section for each
section of a specific highway based on the characteristics of that
section. If a rate for a section of a highway cannot be
established, the transportation department may establish an
average rate for each county that applies to the sections of the
highway in that county.
(d) At least once every two years, the transportation
department shall review the rates established under this section
and update the rates as appropriate.
Sec. 621.366. ELECTRONIC LOGGING DEVICE; REPORT REQUIRED BY
OPERATOR. (a) The operator of a commercial motor vehicle subject
to the pavement consumption fee shall:
(1) install or cause to be installed on the vehicle an
electronic logging device, if a device is not already installed,
that complies with the requirements of 49 C.F.R. Part 395; and
(2) not later than the fifth day of the month following
each calendar quarter, report to the transportation department any
route traveled by the vehicle on a highway of this state during the
preceding month as recorded by the electronic device required under
Subdivision (1).
(b) A report required under Subsection (a) must include:
(1) the vehicle's weight;
(2) the number of axles of the vehicle; and
(3) any other information required by transportation
department rule to be included in the report.
Sec. 621.367. FEE CALCULATION SYSTEM; REPORT TO COMPTROLLER
AND OPERATOR OF COMMERCIAL MOTOR VEHICLE. (a) The transportation
department, in consultation with the University of Texas Center for
Transportation Research and the Texas A&M Transportation
Institute, shall develop a system to calculate the total amount of
the fee due for each reporting period from the operator of a
commercial motor vehicle subject to the pavement consumption fee.
(b) A system developed under this section shall calculate
the pavement consumption fee for each commercial motor vehicle
operating on a highway during each reporting period based on:
(1) the vehicle's route reported under Section
621.366;
(2) the pavement consumption rates established under
Section 621.365 for each section of each specific highway included
in the vehicle's route; and
(3) the vehicle's weight and the number of axles of the
vehicle.
(c) The transportation department shall:
(1) use the system developed under this section to
calculate the amount of the pavement consumption fee due quarterly
from each operator of a commercial motor vehicle who reports the
information required under Section 621.366; and
(2) notify the comptroller and operator of the actual
amount of the fee calculated for the preceding quarter not later
than the 15th day of each month following each calendar quarter.
Sec. 621.368. USE OF FEE CALCULATION SYSTEM BY OPERATOR TO
ESTIMATE AMOUNT OF FEE. (a) The system developed under Section
621.367 must allow the operator of a commercial motor vehicle
subject to the pavement consumption fee to:
(1) enter a proposed route for and characteristics of
the vehicle; and
(2) calculate an estimated pavement consumption fee
based on the information entered under Subdivision (1).
(b) The operator of a commercial motor vehicle shall use the
calculation of the estimated amount of a pavement consumption fee
to:
(1) collect the fee from a customer under Section
621.364(a); or
(2) prepay the fee to the comptroller in accordance
with rules adopted under Section 621.363(c) if the operator chooses
to prepay the fee.
(c) If an operator of a commercial motor vehicle chooses to
prepay the fee and, based on the calculation made by the
transportation department under Section 621.367, it is determined
that the operator prepaid an amount that exceeds the actual amount
due:
(1) the comptroller shall refund the overpaid fees to
the operator; and
(2) the operator shall refund the overpaid fees to the
customers from which the operator collected the fees under Section
621.364(a)(1), if any.
(d) If it is determined that an operator of a commercial
motor vehicle prepaid an amount that is less than the actual amount
due, the operator shall remit the amount due to the comptroller in
accordance with rules adopted by the comptroller under Section
621.363(c).
Sec. 621.369. RESPONSIBILITY FOR HIGHWAY MAINTENANCE. The
transportation department, in consultation with the University of
Texas Center for Transportation Research and the Texas A&M
Transportation Institute, shall determine the state agency or
political subdivision responsible for the maintenance of each
section of each highway:
(1) under the supervision of the state or a political
subdivision of the state; and
(2) on which a commercial motor vehicle subject to the
pavement consumption fee is operated.
Sec. 621.370. AGENCIES' AND POLITICAL SUBDIVISIONS' SHARE
OF FEE. (a) A state agency or political subdivision responsible
for the maintenance of a highway on which a commercial motor vehicle
subject to the pavement consumption fee is operated is entitled to a
share of the fee in an amount equal to the length in miles of any
route of the vehicle on a section of a specific highway maintained
by the state agency or political subdivision multiplied by the
pavement consumption rate established for the section of highway
under Section 621.365 for a vehicle of comparable weight and number
of axles.
(b) Not later than the 15th day of each month following each
calendar quarter, the transportation department shall report to the
comptroller the total amount of the pavement consumption fees
collected in the preceding calendar quarter to which each state
agency or political subdivision is entitled under Subsection (a).
(c) Not later than the 45th day following each calendar
quarter, the comptroller shall distribute the pavement consumption
fees collected in the preceding calendar quarter to each state
agency or political subdivision entitled to a share of a fee as
reported by the transportation department under Subsection (b).
Sec. 621.371. REGISTRATION AND PERMIT FEES. (a)
Notwithstanding any other provision of this code, a registration or
permit fee for a commercial motor vehicle subject to the pavement
consumption fee may not include any amount that is allocated to be
used for the maintenance of a highway by a state agency or political
subdivision.
(b) A state agency that charges a registration or permit fee
for a commercial motor vehicle subject to the pavement consumption
fee shall:
(1) determine whether any portion of the registration
or permit fee is allocated to be used for the maintenance of a
highway by a state agency or political subdivision; and
(2) adjust any registration or permit fee for a
commercial motor vehicle subject to the pavement consumption fee in
accordance with Subsection (a).
SECTION 2. Not later than September 1, 2020:
(1) the Texas Department of Transportation, in
consultation with the University of Texas Center for Transportation
Research and the Texas A&M Transportation Institute, shall develop
a system to calculate the pavement consumption fee in accordance
with Subchapter E-1, Chapter 621, Transportation Code, as added by
this Act; and
(2) the comptroller shall adopt rules necessary to
administer, collect, and enforce the pavement consumption fee.
SECTION 3. Section 621.371, Transportation Code, as added
by this Act, applies only to a registration or permit fee charged on
or after the effective date of this Act.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2020.
(b) Section 2 of this Act takes effect September 1, 2019.