Texas 2023 - 88th Regular

Texas House Bill HB3418 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R21654 JAM-F
2	2	By: Canales, Wilson H.B. No. 3418
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the implementation by the Texas Department of
8	8	Transportation of a vehicle mileage user fee pilot program and a
9	9	task force to assist in developing and evaluating the program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 201, Transportation Code, is amended by
12	12	adding Subchapter Z to read as follows:
13	13	SUBCHAPTER Z. VEHICLE MILEAGE USER FEE PILOT PROGRAM
14	14	Sec. 201.2101. DEFINITIONS. In this subchapter:
15	15	(1) "Motor fuel taxes" means the motor fuel taxes
16	16	imposed under Chapter 162, Tax Code.
17	17	(2) "Pilot program" means the vehicle mileage user fee
18	18	pilot program.
19	19	(3) "Task force" means the vehicle mileage user fee
20	20	task force.
21	21	Sec. 201.2102. TASK FORCE. (a) The vehicle mileage user
22	22	fee task force is established to guide the development and
23	23	evaluation of the vehicle mileage user fee pilot program to assess
24	24	the potential for mileage-based revenue as an alternative to the
25	25	current system of taxing highway use through motor fuel taxes.
26	26	(b) The task force shall consist of seven members appointed
27	27	as follows:
28	28	(1) one member appointed by the lieutenant governor;
29	29	(2) one member appointed by the speaker of the house of
30	30	representatives;
31	31	(3) one member appointed by the chair of the standing
32	32	committee of the house of representatives having primary
33	33	jurisdiction over transportation;
34	34	(4) one member appointed by the chair of the standing
35	35	committee of the senate having primary jurisdiction over
36	36	transportation; and
37	37	(5) three members that represent the trucking
38	38	industry, appointed by the governor.
39	39	(c) The task force shall:
40	40	(1) conduct at least three public hearings to gather
41	41	public comment on issues and concerns related to the pilot program;
42	42	(2) make recommendations to the department on the
43	43	design and on the criteria to be used to evaluate the pilot program
44	44	and other alternative approaches to motor fuel taxes; and
45	45	(3) evaluate the pilot program.
46	46	(d) In conducting hearings under Subsection (c)(1), the
47	47	task force shall:
48	48	(1) provide notice:
49	49	(A) in the manner provided by Chapter 551,
50	50	Government Code; and
51	51	(B) on the department's Internet website; and
52	52	(2) provide interested persons with an opportunity to
53	53	submit their opinions orally and in writing.
54	54	(e) The department may create and maintain an Internet
55	55	website to allow members of the public to submit comments
56	56	electronically.
57	57	(f) On request, the department shall assist the task force
58	58	in implementing this subchapter.
59	59	Sec. 201.2103. PILOT PROGRAM. (a) The department, in
60	60	consultation with the Texas Department of Motor Vehicles and the
61	61	Texas A&M Transportation Institute, shall develop and implement a
62	62	statewide pilot program to assess a user fee on owners of motor
63	63	vehicles that is based on the number of miles traveled on public
64	64	highways in this state by those vehicles.
65	65	(b) The pilot program must:
66	66	(1) include not more than 800 motor vehicles, the
67	67	mileage of which will be measured by a variety of
68	68	vehicle-mileage-counting strategies, including odometer readings,
69	69	administered in a manner the department considers appropriate;
70	70	(2) test the reliability, ease of use, cost, and
71	71	public acceptance of technology and methods for:
72	72	(A) counting the number of miles traveled by
73	73	motor vehicles;
74	74	(B) reporting the number of miles traveled by
75	75	particular vehicles; and
76	76	(C) collecting payments from participants in the
77	77	pilot program;
78	78	(3) analyze and evaluate the ability of different
79	79	technologies and methods to:
80	80	(A) protect the integrity of data collected and
81	81	reported;
82	82	(B) ensure operators' privacy; and
83	83	(C) vary pricing based on the time of driving and
84	84	type of public highway; and
85	85	(4) evaluate:
86	86	(A) the enforceability of the vehicle mileage
87	87	user fee and opportunities for operators to evade or manipulate the
88	88	fee; and
89	89	(B) the impact of the vehicle mileage user fee on
90	90	equity.
91	91	(c) The department shall ensure that participants in the
92	92	pilot program:
93	93	(1) are included only on a voluntary basis; and
94	94	(2) represent a variety of motor vehicle operators,
95	95	including operators of passenger vehicles, commercial motor
96	96	vehicles, and electric vehicles.
97	97	(d) The pilot program may not last less than one year.
98	98	Sec. 201.2104. COMPENSATION OF PARTICIPANTS. The
99	99	department by rule shall establish a process to ensure that
100	100	participants in the pilot program are not required to spend more on
101	101	fees or taxes associated with road usage than if they had not
102	102	participated in the program. A process adopted under this section
103	103	may include a refund of motor fuel taxes paid by the participant or
104	104	other compensation.
105	105	Sec. 201.2105. CONFIDENTIALITY OF INFORMATION.
106	106	Identifying information about participants in the pilot program is
107	107	confidential and is not subject to disclosure under Chapter 552,
108	108	Government Code.
109	109	Sec. 201.2106. REPORT. Not later than September 1, 2026,
110	110	the department shall submit to the legislature a report summarizing
111	111	the results of the pilot program, including:
112	112	(1) the feasibility of permanently assessing a vehicle
113	113	mileage user fee;
114	114	(2) an evaluation of the impacts of a vehicle mileage
115	115	user fee on the economy, the environment, and traffic congestion;
116	116	(3) a comparison to other alternative approaches or
117	117	supplements to motor fuel taxes; and
118	118	(4) the department's recommendations together with
119	119	suggested legislation necessary to implement the recommendations.
120	120	Sec. 201.2107. APPLICATION FOR FEDERAL FUNDING. The
121	121	department shall submit an application to the United States
122	122	Department of Transportation for funding in federal fiscal year
123	123	2023 for the Surface Transportation System Funding Alternatives
124	124	Program established in the Fixing America's Surface Transportation
125	125	Act (Pub. L. No. 114-94) to help fund the pilot program. If the
126	126	application is not successful, the department shall apply in each
127	127	federal fiscal year in which grants are made available for
128	128	demonstration projects under this federal program or until the
129	129	application results in full or partial funding for a vehicle
130	130	mileage user fee pilot program, whichever first occurs.
131	131	Sec. 201.2108. EXPIRATION OF SUBCHAPTER. This subchapter
132	132	expires November 1, 2026.
133	133	SECTION 2. This Act takes effect September 1, 2023.