2019S0350-1 03/05/19
By: Schwertner S.B. No. 1653
A BILL TO BE ENTITLED
AN ACT
relating to a study by the Texas Department of Motor Vehicles
regarding alternatively fueled vehicles and gasoline and diesel
taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section:
(1) "Alternatively fueled vehicle" has the meaning
assigned by Section 502.004(a), Transportation Code.
(2) "Conventional vehicle" means a vehicle, as defined
by Section 502.001(45), Transportation Code, that is exclusively
powered by gasoline or diesel fuel.
(3) "Department" means the Texas Department of Motor
Vehicles.
(4) "Gasoline tax" and "diesel fuel tax" mean the
motor fuel taxes established under Subchapters B and C, Chapter
162, Tax Code, respectively.
(5) "Vehicle miles traveled" means the number of miles
traveled by a vehicle.
(b) The department shall conduct a study on the feasibility
and desirability of a program to establish a fee similar to the
gasoline or diesel fuel tax for alternatively fueled vehicles.
(c) The study must:
(1) review other state or federal laws regarding fees
and taxes for alternatively fueled vehicles and whether those laws
reduced gasoline and diesel fuel tax revenue, including:
(A) whether other states measure the vehicle
miles traveled of alternatively fueled vehicles to calculate any
fees or taxes; and
(B) if so, what methods were used to calculate
the vehicle miles traveled;
(2) calculate the revenue generated from gasoline and
diesel fuel taxes per vehicle mile traveled in Texas;
(3) calculate the total amount of vehicle fees and
taxes that drivers of alternatively fueled vehicles pay compared
with the total amount of vehicle fees and taxes drivers of
conventional vehicles pay, and calculate the net revenue generated
by each;
(4) determine whether a correlation exists between the
market penetration of alternatively fueled vehicles and the
decrease in revenue from gasoline and diesel fuel taxes;
(5) compile and analyze all available sources of data
related to the vehicle miles traveled for alternatively fueled
vehicles in Texas;
(6) determine whether the Department of Public Safety
should collect information on the vehicle miles traveled at an
alternatively fueled vehicle's annual inspection under Chapter
548, Transportation Code;
(7) determine a method, in measuring vehicle miles
traveled, to distinguish between alternatively fueled vehicles,
hybrid vehicles, as defined by Section 382.003(7-b), Health and
Safety Code, and conventional vehicles at annual inspections under
Chapter 548, Transportation Code;
(8) determine the feasibility of implementing a
program creating a vehicle miles traveled fee for alternatively
fueled vehicles that will be paid into the state highway fund,
including:
(A) the cost of implementing such a program to
drivers of alternatively fueled vehicles and to the state;
(B) whether the vehicle miles traveled measured
by the program should include miles traveled outside the State of
Texas;
(C) whether vehicle weight should be a factor in
calculating vehicle miles traveled;
(D) the appropriate state agency to administer
such a program; and
(E) the appropriate methods of and schedule for
payment for the vehicle miles traveled fee implemented under the
program; and
(9) calculate the feasibility and determine the
consequences of abolishing gasoline and diesel fuel taxes and
replacing the taxes with a vehicle miles traveled fee for all
vehicles, including:
(A) calculating the total amount in fees the
average driver would be required to pay to ensure that the state not
lose the revenue it derives from gasoline and diesel fuel taxes; and
(B) comparing any potential negative effects
from implementing a vehicle miles traveled fee for all vehicles and
any current negative effects from gasoline and diesel fuel taxes.
(d) Not later than December 1, 2020, the department shall
prepare and submit to the governor, lieutenant governor, speaker of
the house of representatives, and members of the legislature a
written report that includes a summary of the results of the study
conducted under this section and any legislative recommendations
based on the study.
SECTION 2. This Act expires September 1, 2021.
SECTION 3. This Act takes effect September 1, 2019.