Texas 2021 - 87th Regular

Texas House Bill HB1651 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2896 BEE-D
2	2	By: Wilson H.B. No. 1651
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a study by the Texas Department of Transportation on the
8	8	feasibility of charging a pavement consumption fee for the
9	9	operation of certain motor vehicles on public highways.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. DEFINITIONS. In this Act:
12	12	(1) "Department" means the Texas Department of
13	13	Transportation.
14	14	(2) "Governmental entity" means:
15	15	(A) a board, commission, department, office, or
16	16	other agency in the executive branch of state government; or
17	17	(B) a political subdivision of this state.
18	18	(3) "Highway" has the meaning assigned by Section
19	19	366.003, Transportation Code.
20	20	SECTION 2. STUDY AND REPORT; PROTOTYPE SOFTWARE. (a) The
21	21	department, in consultation with The University of Texas Center for
22	22	Transportation Research and the Texas A&M Transportation
23	23	Institute, shall conduct a study on the feasibility of:
24	24	(1) charging a pavement consumption fee in the amount
25	25	of the reasonable cost to repair damage to the pavement of a highway
26	26	caused by the normal operation of a vehicle operating on a highway
27	27	in this state:
28	28	(A) that is subject to the federal electronic
29	29	logging device requirements of 49 C.F.R. Part 395; or
30	30	(B) if operating only in intrastate commerce,
31	31	that would be subject to the federal electronic logging device
32	32	requirements of 49 C.F.R. Part 395 if operating in interstate or
33	33	international commerce; and
34	34	(2) adjusting or eliminating registration or permit
35	35	fees that are wholly or partly used for the maintenance of a highway
36	36	by a governmental entity and imposed on commercial motor vehicles
37	37	subject to the pavement consumption fee.
38	38	(b) In conducting the study, the department shall:
39	39	(1) develop a system to:
40	40	(A) determine the governmental entity
41	41	responsible for the maintenance of each section of a highway on
42	42	which a commercial motor vehicle subject to the pavement
43	43	consumption fee is operated;
44	44	(B) establish rates for the pavement consumption
45	45	fee that reflect the cost per mile to repair damage to the pavement
46	46	of each section of highway caused by the normal operation of a
47	47	commercial motor vehicle subject to the fee; and
48	48	(C) calculate the total amount of the fee due for
49	49	a reporting period from the operator of a commercial motor vehicle
50	50	subject to the pavement consumption fee;
51	51	(2) recommend rules to:
52	52	(A) administer, collect, and enforce the
53	53	pavement consumption fee; and
54	54	(B) distribute the fee to the governmental entity
55	55	responsible for maintaining a section of a highway on which a
56	56	commercial motor vehicle subject to the pavement consumption fee is
57	57	operated; and
58	58	(3) identify any registration or permit fee that is
59	59	wholly or partly used for the maintenance of a highway by a
60	60	governmental entity and imposed on a commercial motor vehicle
61	61	subject to the pavement consumption fee.
62	62	(c) The department shall develop a prototype of any software
63	63	required for a system developed under Subsection (b)(1) of this
64	64	section.
65	65	(d) Not later than November 1, 2022, the department shall
66	66	submit to the governor, the lieutenant governor, and the
67	67	legislature a written report on the findings of the study. The
68	68	report must include recommendations for policy and statutory
69	69	changes, including any proposed legislation, that are based on the
70	70	results of the study.
71	71	SECTION 3. EXPIRATION. This Act expires May 1, 2023.
72	72	SECTION 4. EFFECTIVE DATE. This Act takes effect September
73	73	1, 2021.