Texas 2019 - 86th Regular

Texas House Bill HB3469 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R22244 BEE-D
1	2		By: Wilson H.B. No. 3469
	3	+	Substitute the following for H.B. No. 3469:
	4	+	By: Thompson of Brazoria C.S.H.B. No. 3469
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to a study by the Texas Department of Transportation on the
7	10		feasibility of charging a pavement consumption fee for the
8	11		operation of certain motor vehicles on public highways.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. DEFINITIONS. In this Act:
11	14		(1) "Governmental entity" means:
12	15		(A) a board, commission, department, office, or
13	16		other agency in the executive branch of state government; or
14	17		(B) a political subdivision of this state.
15	18		(2) "Highway" has the meaning assigned by Section
16	19		366.003, Transportation Code.
17	20		(3) "Department" means the Texas Department of
18	21		Transportation.
19	22		SECTION 2. STUDY AND REPORT; PROTOTYPE SOFTWARE. (a) The
20	23		department, in consultation with The University of Texas Center for
21	24		Transportation Research and the Texas A&M Transportation
22	25		Institute, shall conduct a study on the feasibility of:
23	26		(1) charging a pavement consumption fee in the amount
24	27		of the reasonable cost to repair damage to the pavement of a highway
25	28		caused by the normal operation of a vehicle operating on a highway
26	29		in this state:
27	30		(A) that is subject to the federal electronic
28	31		logging device requirements of 49 C.F.R. Part 395; or
29	32		(B) operating only in intrastate commerce that
30	33		would be subject to the federal electronic logging device
31	34		requirements of 49 C.F.R. Part 395 if operating in interstate or
32	35		international commerce; and
33	36		(2) adjusting or eliminating registration or permit
34	37		fees that are wholly or partly used for the maintenance of a highway
35	38		by a governmental entity and imposed on commercial motor vehicles
36	39		subject to the pavement consumption fee.
37	40		(b) In conducting the study, the department shall:
38		-	(1) in consultation with trucking industry
39		-	representatives, develop a system to:
	41	+	(1) develop a system to:
40	42		(A) determine the governmental entity
41	43		responsible for the maintenance of each section of a highway on
42	44		which a commercial motor vehicle subject to the pavement
43	45		consumption fee is operated;
44	46		(B) establish rates for the pavement consumption
45	47		fee that reflect the cost per mile to repair damage to the pavement
46	48		of each section of highway caused by the normal operation of a
47	49		commercial motor vehicle subject to the fee; and
48	50		(C) calculate the total amount of the fee due for
49	51		a reporting period from the operator of a commercial motor vehicle
50	52		subject to the pavement consumption fee;
51	53		(2) recommend rules to:
52	54		(A) administer, collect, and enforce the
53	55		pavement consumption fee; and
54	56		(B) distribute the fee to the governmental entity
55	57		responsible for maintaining a section of a highway on which a
56	58		commercial motor vehicle subject to the pavement consumption fee is
57	59		operated; and
58	60		(3) identify any registration or permit fee that is
59	61		wholly or partly used for the maintenance of a highway by a
60	62		governmental entity and imposed on a commercial motor vehicle
61	63		subject to the pavement consumption fee.
62		-	(c) The department shall, in consultation with trucking
63		-	industry representatives, develop a prototype of any software
	64	+	(c) The department shall develop a prototype of any software
64	65		required for a system developed under Subsection (b)(1).
65	66		(d) Not later than November 1, 2020, the department shall
66	67		submit to the governor, the lieutenant governor, and the
67	68		legislature a written report on the findings of the study. The
68	69		report must include recommendations for policy and statutory
69	70		changes, including any proposed legislation, that are based on the
70	71		results of the study.
71	72		SECTION 3. EXPIRATION. This Act expires May 1, 2020.
72	73		SECTION 4. EFFECTIVE DATE. This Act takes effect September
73	74		1, 2019.