Texas House Bill HB321

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to authorizing the increase or decrease of the rates of the gasoline and diesel fuel taxes based on the cost of certain highway projects.

Impact

The implementation of HB 321 could significantly impact state tax revenues tied to fuel consumption and highway maintenance funding. By aligning tax rates more closely with actual construction and maintenance costs, proponents argue that the bill could create a more stable and predictable funding mechanism for state highway projects. This could enhance the state's ability to effectively manage its transportation infrastructure, potentially leading to improvements in road quality and safety over time.

Summary

House Bill 321 is aimed at adjusting the rates of gasoline and diesel fuel taxes in Texas based on an annually calculated highway cost index. This proposed legislation would allow for the tax rates to be automatically increased or decreased every January 1st according to the percentage change of the highway cost index, which reflects the average prices of materials and labor used in state highway projects. The Texas Department of Transportation would be responsible for compiling the necessary data to inform the tax adjustments required under this new system.

Sentiment

Discussions surrounding HB 321 reflect a generally positive sentiment from lawmakers and transportation advocates who view the legislation as a necessary step toward sustainable road maintenance funding. There is, however, a mix of concerns from some members of the public and advocacy groups who fear that fluctuating fuel tax rates could create uncertainty for consumers, particularly in periods of volatile fuel prices. Despite these concerns, the prevailing sentiment appears to support the bill as a forward-thinking approach to transportation funding.

Contention

Notable points of contention include concerns about how the tax changes might impact low-income families who rely on gasoline for daily commuting, as well as potential pushback from those who oppose tax augmentation in any form. Critics of automatic tax adjustments argue that it may undermine public accountability and transparency regarding taxation, as consumers may not be fully aware of how adjustments correlate with underlying costs. Nevertheless, supporters advocate for the importance of reliable funding to ensure the upkeep of essential highways.

Texas Constitutional Statutes Affected

Tax Code

• Chapter 162. Motor Fuel Taxes
  • Section: New Section