Bill Text: TX HB2202 | 2013-2014 | 83rd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the disposition of fees collected by or on behalf of the Texas Department of Motor Vehicles; authorizing fees.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-06-14 - See remarks for effective date [HB2202 Detail]

Download: Texas-2013-HB2202-Comm_Sub.html

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By: Pickett, McClendon (Senate Sponsor - Williams) H.B. No. 2202
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on Finance;
May 17, 2013, reported favorably by the following vote: Yeas 14,
Nays 0; May 17, 2013, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
relating to the disposition of fees collected by or on behalf of the
Texas Department of Motor Vehicles; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.014(b), Family Code, is amended to
read as follows:
(b) A fee collected by the Texas Department of Motor
Vehicles shall be deposited to the credit of the Texas Department of
Motor Vehicles fund. A fee collected by [or] the Department of
Public Safety shall be deposited to the credit of the state highway
fund.
SECTION 2. Section 348.005, Finance Code, is amended to
read as follows:
Sec. 348.005. ITEMIZED CHARGE. An amount in a retail
installment contract is an itemized charge if the amount is not
included in the cash price and is the amount of:
(1) fees for registration, certificate of title, and
license and any additional registration fees charged by a [full
service] deputy as authorized by rules adopted under Section
520.0071 [502.114], Transportation Code;
(2) any taxes;
(3) fees or charges prescribed by law and connected
with the sale or inspection of the motor vehicle; and
(4) charges authorized for insurance, service
contracts, warranties, or a debt cancellation agreement by
Subchapter C.
SECTION 3. Section 353.006, Finance Code, is amended to
read as follows:
Sec. 353.006. ITEMIZED CHARGE. An amount in a retail
installment contract is an itemized charge if the amount is not
included in the cash price and is the amount of:
(1) fees for registration, certificate of title, and
license and any additional registration fees charged by a [full
service] deputy as authorized by rules adopted under Section
520.0071 [502.114], Transportation Code;
(2) any taxes;
(3) fees or charges prescribed by law and connected
with the sale or inspection of the commercial vehicle;
(4) charges authorized for insurance, service
contracts, and warranties by Subchapter C; and
(5) advances or payments authorized under Section
353.402(b) or (c) made by the retail seller to or for the benefit of
the retail buyer.
SECTION 4. Section 2301.156, Occupations Code, is amended
to read as follows:
Sec. 2301.156. DEPOSIT OF REVENUE. Notwithstanding any
other law to the contrary, all money collected by the board under
this chapter shall be deposited in the state treasury to the credit
of the Texas Department of Motor Vehicles [state highway] fund.
SECTION 5. Section 2301.801(c), Occupations Code, is
amended to read as follows:
(c) Notwithstanding any other law to the contrary, a civil
penalty recovered under this chapter shall be deposited in the
state treasury to the credit of the Texas Department of Motor
Vehicles [state highway] fund.
SECTION 6. Section 501.0234(b), Transportation Code, is
amended to read as follows:
(b) This section does not apply to a motor vehicle:
(1) that has been declared a total loss by an insurance
company in the settlement or adjustment of a claim;
(2) for which the title has been surrendered in
exchange for:
(A) a salvage vehicle title or salvage record of
title issued under this chapter;
(B) a nonrepairable vehicle title or
nonrepairable vehicle record of title issued under this chapter or
Subchapter D, Chapter 683; or
(C) an ownership document issued by another state
that is comparable to a document described by Paragraph (A) or (B);
(3) with a gross weight in excess of 11,000 pounds; or
(4) purchased by a commercial fleet buyer who:
(A) is a [full-service] deputy authorized by
rules adopted under Section 520.0071;
(B) [520.008 and who] utilizes the dealer title
application process developed to provide a method to submit title
transactions to the county in which the commercial fleet buyer is a
[full-service] deputy; and
(C) has authority to accept an application for
registration and application for title transfer that the county
assessor-collector may accept.
SECTION 7. Section 501.033(c), Transportation Code, is
amended to read as follows:
(c) A fee of $2 must accompany each application under this
section to be deposited in the Texas Department of Motor Vehicles
[state highway] fund.
SECTION 8. Section 501.076(c), Transportation Code, is
amended to read as follows:
(c) The person named as the agent in the limited power of
attorney must meet the following requirements:
(1) the person may be a person who has been deputized
[appointed by the commissioners court as a deputy] to perform
vehicle registration functions as authorized by rules adopted under
Section 520.0071 [520.0091], a licensed vehicle auction company
holding a wholesale general distinguishing number under Section
503.022, a person who has a permit similar to one of the foregoing
that is issued by the state in which the owner is located, or
another person authorized by law to execute title documents in the
state in which the owner executes the documents; and
(2) the person may not be the transferee or an employee
of the transferee. The person may not act as the agent of both the
transferor and transferee in the transaction. For the purposes of
this section, a person is not the agent of both the transferor and
transferee in a transaction unless the person has the authority to
sign the documents pertaining to the transfer of title on behalf of
both the transferor and the transferee.
SECTION 9. Section 501.097(d), Transportation Code, is
amended to read as follows:
(d) The fee collected under Subsection (a)(1) shall be
credited to the Texas Department of Motor Vehicles [state highway]
fund to defray the costs of administering this subchapter and the
costs to the department for issuing the title.
SECTION 10. Section 501.134(a), Transportation Code, is
amended to read as follows:
(a) If a printed title is lost or destroyed, the owner or
lienholder disclosed on the title may obtain, in the manner
provided by this section and department rule, a certified copy of
the lost or destroyed title directly from the department by
applying in a manner prescribed by the department and paying a fee
of $2. A fee collected under this subsection shall be deposited to
the credit of the Texas Department of Motor Vehicles [state
highway] fund and may be spent only as provided by Section 501.138.
SECTION 11. Sections 501.138(b-2) and (c), Transportation
Code, are amended to read as follows:
(b-2) The comptroller shall establish a record of the amount
of the fees deposited to the credit of the Texas Mobility Fund under
Subsection (b-1). On or before the fifth workday of each month,
the Texas Department of Transportation [department] shall remit to
the comptroller for deposit to the credit of the Texas emissions
reduction plan fund an amount of money equal to the amount of the
fees deposited by the comptroller to the credit of the Texas
Mobility Fund under Subsection (b-1) in the preceding month. The
Texas Department of Transportation [department] shall use for
remittance to the comptroller as required by this subsection money
in the state highway fund that is not required to be used for a
purpose specified by Section 7-a, Article VIII, Texas Constitution,
and may not use for that remittance money received by this state
under the congestion mitigation and air quality improvement program
established under 23 U.S.C. Section 149.
(c) Of the amount received under Subsection (b)(2), the
department shall deposit:
(1) $5 in the general revenue fund; and
(2) $3 to the credit of the Texas Department of Motor
Vehicles [state highway] fund to recover the expenses necessary to
administer this chapter.
SECTION 12. Section 501.148(b), Transportation Code, is
amended to read as follows:
(b) The county assessor-collector shall report and remit
the balance of the fees collected to the department on Monday of
each week as other fees are required to be reported and remitted.
The department shall deposit the remitted fees in the state
treasury to the credit of the Texas Department of Motor Vehicles
fund.
SECTION 13. Section 501.178, Transportation Code, is
amended to read as follows:
Sec. 501.178. DISPOSITION OF FEES. All fees collected
under this subchapter shall be deposited to the credit of the Texas
Department of Motor Vehicles [state highway] fund.
SECTION 14. Section 502.058, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) A fee collected by the department under Subsection (a)
shall be deposited to the credit of the Texas Department of Motor
Vehicles fund.
SECTION 15. Section 502.060, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) The portion of the fee sent to the department under
Subsection (d) shall be deposited to the credit of the Texas
Department of Motor Vehicles fund.
SECTION 16. Section 502.094(h), Transportation Code, is
amended to read as follows:
(h) The department may establish one or more escrow accounts
in the Texas Department of Motor Vehicles [state highway] fund for
the prepayment of a 72-hour permit or a 144-hour permit. Any fee
established by the department for the administration of this
subsection shall be administered as required by an agreement
entered into by the department.
SECTION 17. Section 502.146(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue specialty license plates to a
vehicle described by Subsection (b) or (c). The fee for the license
plates is $5 and shall be deposited to the credit of the Texas
Department of Motor Vehicles fund.
SECTION 18. Section 502.191, Transportation Code, is
amended by adding Subsection (f) to read as follows:
(f) The department may not collect a fee under Subsection
(c) or (d) if the department collects a fee under Section 502.1911.
SECTION 19. Subchapter E, Chapter 502, Transportation Code,
is amended by adding Section 502.1911 to read as follows:
Sec. 502.1911. REGISTRATION PROCESSING AND HANDLING FEE.
(a) The department may collect a fee, in addition to other
registration fees for the issuance of a license plate, a set of
license plates, or another device used as the registration
insignia, to cover the expenses of collecting those registration
fees, including a service charge for registration by mail.
(b) The board by rule shall set the fee in an amount that:
(1) includes the fee established under Section
502.356(a); and
(2) is sufficient to cover the expenses associated
with collecting registration fees by:
(A) the department;
(B) a county tax assessor-collector;
(C) a private entity with which a county tax
assessor-collector contracts under Section 502.197; or
(D) a deputy assessor-collector that is
deputized in accordance with board rule under Section 520.0071.
(c) The county tax assessor-collector, a private entity
with which a county tax assessor-collector contracts under Section
502.197, or a deputy assessor-collector may retain a portion of the
fee collected under Subsection (b) as provided by board rule.
Remaining amounts collected under this section shall be deposited
to the credit of the Texas Department of Motor Vehicles fund.
SECTION 20. Section 502.192, Transportation Code, is
amended to read as follows:
Sec. 502.192. TRANSFER FEE. The purchaser of a used motor
vehicle shall pay, in addition to any fee required under Chapter 501
for the transfer of title, a transfer fee of $2.50 for the transfer
of the registration of the motor vehicle. The county
assessor-collector may retain as commission for services provided
under this subchapter half of each transfer fee collected. The
portion of each transfer fee not retained by the county
assessor-collector shall be deposited to the credit of the Texas
Department of Motor Vehicles fund.
SECTION 21. Sections 502.197(a) and (b), Transportation
Code, are amended to read as follows:
(a) A county assessor-collector may retain [collect] a
service charge in the amount determined by the board under Section
502.1911 [of $1] from each applicant registering a vehicle by
mail. The service charge shall be used to pay the costs of handling
and postage to mail the registration receipt and insignia to the
applicant.
(b) With the approval of the commissioners court of a
county, a county assessor-collector may contract with a private
entity to enable an applicant for registration to use an electronic
off-premises location. A private entity may retain an amount
determined by the board under Section 502.1911 [charge an applicant
not more than $1] for the service provided.
SECTION 22. Sections 502.198(a), (c), and (d),
Transportation Code, are amended to read as follows:
(a) Except as provided by Sections 502.058, 502.060,
502.1911, 502.192, [502.1982] and 502.357, this section applies to
all fees collected by a county assessor-collector under this
chapter.
(c) After the credits to the county road and bridge fund
equal the total computed under Subsection (b), each Monday the
county assessor-collector shall:
(1) credit to the county road and bridge fund an amount
equal to 50 percent of the net collections made during the preceding
week, until the amount so credited for the calendar year equals
$125,000; and
(2) send to the department an amount equal to 50
percent of those collections for deposit to the credit of the state
highway fund.
(d) After the credits to the county road and bridge fund
equal the total amounts computed under Subsections (b) and (c)(1),
each Monday the county assessor-collector shall send to the
department all collections made during the preceding week for
deposit to the credit of the state highway fund.
SECTION 23. Section 502.1983(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Section [Sections 502.1982 and]
502.357, a county assessor-collector may:
(1) deposit the fees in an interest-bearing account or
certificate in the county depository; and
(2) send the fees to the department not later than the
34th day after the date the fees are due under Section 502.357.
SECTION 24. Section 502.1984(a), Transportation Code, is
amended to read as follows:
(a) A fee required to be sent to the department under this
chapter bears interest for the benefit of the state highway fund or
the Texas Department of Motor Vehicles fund, as applicable, at an
annual rate of 10 percent beginning on the 60th day after the date
the county assessor-collector collects the fee.
SECTION 25. Section 502.1985(a), Transportation Code, is
amended to read as follows:
(a) Money credited to the county road and bridge fund under
Section 502.198 [or 502.1982] may not be used to pay the
compensation of the county judge or a county commissioner. The
money may be used only for the construction and maintenance of
lateral roads in the county, under the supervision of the county
engineer.
SECTION 26. Section 502.356, Transportation Code, is
amended to read as follows:
Sec. 502.356. AUTOMATED REGISTRATION AND TITLING SYSTEM.
(a) In addition to other registration fees for a license plate or
set of license plates or other device used as the registration
insignia, the board by rule shall adopt a fee of not less than 50
cents and not more than $1. The fee shall be collected and
deposited into a subaccount in the Texas Department of Motor
Vehicles fund.
(b) The department may use money collected under this
section to provide for or enhance the automation of and the
necessary infrastructure for:
(1) [automated] on-premises and off-premises
registration and permitting, including permitting under Subtitle
E; [and]
(2) services related to the titling of vehicles; and
(3) licensing and enforcement procedures.
SECTION 27. Section 502.405(c), Transportation Code, is
amended to read as follows:
(c) Three percent of all money collected under this section
shall be credited to the Texas Department of Motor Vehicles fund and
may be appropriated only to the department to administer this
section.
SECTION 28. Section 503.007(d), Transportation Code, is
amended to read as follows:
(d) A fee collected under this section shall be deposited to
the credit of the Texas Department of Motor Vehicles [state
highway] fund.
SECTION 29. Section 503.008(d), Transportation Code, is
amended to read as follows:
(d) A fee collected under this section shall be deposited to
the credit of the Texas Department of Motor Vehicles [state
highway] fund.
SECTION 30. Section 503.012, Transportation Code, is
amended to read as follows:
Sec. 503.012. COLLECTED MONEY. Section 403.095, Government
Code, does not apply to money received by the department and
deposited to the credit of the Texas Department of Motor Vehicles
[state highway] fund in accordance with this chapter.
SECTION 31. Section 503.0615(f), Transportation Code, is
amended to read as follows:
(f) Of each fee collected by the department under this
section:
(1) $1.25 shall be deposited to the credit of the Texas
Department of Motor Vehicles [state highway] fund to defray the
cost of administering this section; and
(2) the remainder shall be deposited to the credit of
the general revenue fund.
SECTION 32. Section 503.0618, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) A fee collected under this section shall be deposited to
the credit of the Texas Department of Motor Vehicles fund.
SECTION 33. Section 503.063(g), Transportation Code, is
amended to read as follows:
(g) For each buyer's temporary tag, a dealer shall charge
the buyer a registration fee of not more than $5 as prescribed by
the department to be sent to the comptroller for deposit to the
credit of the Texas Department of Motor Vehicles [state highway]
fund.
SECTION 34. Section 503.065, Transportation Code, is
amended by adding Subsection (f) to read as follows:
(f) A fee collected under this section shall be deposited to
the credit of the Texas Department of Motor Vehicles fund.
SECTION 35. Section 504.002, Transportation Code, is
amended to read as follows:
Sec. 504.002. GENERAL PROVISIONS. Unless expressly
provided by this chapter or by department rule:
(1) except for license plates specified as exempt, the
fee for issuance of a license plate, including replacement plates,
is in addition to each other fee that is paid for at the time of the
registration of the motor vehicle and shall be deposited to the
credit of the Texas Department of Motor Vehicles [state highway]
fund;
(2) if the registration period is greater than 12
months, the expiration date of a specialty license plate, symbol,
tab, or other device shall be aligned with the registration period,
and the specialty plate fee shall be adjusted pro rata, except that
if the statutory annual fee for a specialty license plate is $5 or
less, it may not be prorated;
(3) the department is the exclusive owner of the
design of each license plate;
(4) if a license plate is lost, stolen, or mutilated,
an application for a replacement plate must be accompanied by the
fee prescribed by Section 502.060; and
(5) the department shall prepare the designs and
specifications of license plates.
SECTION 36. Section 504.007(c), Transportation Code, is
amended to read as follows:
(c) A county assessor-collector shall retain $2.50 of each
fee collected under this section and forward the remainder of the
fee to the department for deposit to the credit of the Texas
Department of Motor Vehicles fund.
SECTION 37. Sections 504.009(b) and (c), Transportation
Code, are amended to read as follows:
(b) The fee for a single souvenir license plate is $20. The
fee shall be deposited to the credit of the Texas Department of
Motor Vehicles [state highway] fund unless the souvenir license
plate is a replica of a specialty license plate issued under
Subchapter G or I for which the fee is deposited to an account other
than the Texas Department of Motor Vehicles [state highway] fund,
in which case:
(1) $10 of the fee for the souvenir license plate shall
be deposited to the credit of the designated account; and
(2) $10 of the fee for the souvenir license plate shall
be deposited to the credit of the Texas Department of Motor Vehicles
[state highway] fund.
(c) If a souvenir license plate issued before November 19,
2009, is personalized, the fee for the plate is $40. Of the fee:
(1) $20 shall be deposited to the credit of the Texas
Department of Motor Vehicles [state highway] fund;
(2) $10 shall be deposited to the credit of the
designated account if the souvenir license plate is a replica of a
specialty license plate issued under Subchapter G or I for which the
fee is deposited to a designated account other than the Texas
Department of Motor Vehicles [state highway] fund; and
(3) the remainder shall be deposited to the credit of
the general revenue fund.
SECTION 38. Section 504.647(b), Transportation Code, is
amended to read as follows:
(b) The fee shall be deposited to the credit of the Texas
Department of Motor Vehicles [state highway] fund.
SECTION 39. Section 504.801(e), Transportation Code, is
amended to read as follows:
(e) For each fee collected for a license plate issued by the
department under this section:
(1) $8 shall be used to reimburse the department for
its administrative costs; and
(2) the remainder shall be deposited to the credit of:
(A) the specialty license plate fund, which is an
account in the general revenue fund, if the sponsor nominated a
state agency to receive the funds; or
(B) the Texas Department of Motor Vehicles [state
highway] fund if the sponsor did not nominate a state agency to
receive the funds or if there is no sponsor.
SECTION 40. Section 504.851(j), Transportation Code, is
amended to read as follows:
(j) From amounts received by the department under the
contract described by Subsection (a), the department shall deposit
to the credit of the Texas Department of Motor Vehicles [state
highway] fund an amount sufficient to enable the department to
recover its administrative costs for all license plates issued
under this section, any payments to the vendor under the contract,
and any other amounts allocated by law to the Texas Department of
Motor Vehicles [state highway] fund. To the extent that the
disposition of other amounts received by the department is governed
by another law, those amounts shall be deposited in accordance with
the other law. Any additional amount received by the department
under the contract shall be deposited to the credit of the general
revenue fund.
SECTION 41. Section 520.001, Transportation Code, is
amended to read as follows:
Sec. 520.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Board" means the board of the Texas Department of
Motor Vehicles.
(2) "Department"[, "department"] means the Texas
Department of Motor Vehicles.
SECTION 42. Section 520.005(c), Transportation Code, is
amended to read as follows:
(c) Notwithstanding the requirements of Section 520.0071
[Sections 520.008 and 520.0091], the assessor-collector may
license franchised and non-franchised motor vehicle dealers to
title and register motor vehicles in accordance with rules adopted
under Section 520.004. The county assessor-collector may pay a fee
to a motor vehicle dealer independent of or as part of the portion
of the fees that would be collected by the county for each title and
registration receipt issued.
SECTION 43. Section 520.006(a), Transportation Code, is
amended to read as follows:
(a) A county assessor-collector shall retain an amount
determined by the board under Section 502.1911 [receive a fee of
$1.90] for each receipt issued under Chapter 502.
SECTION 44. Subchapter A, Chapter 520, Transportation Code,
is amended by adding Section 520.0071 to read as follows:
Sec. 520.0071. DEPUTIES. (a) The board by rule shall
prescribe:
(1) the classification types of deputies performing
titling and registration duties;
(2) the duties and obligations of deputies;
(3) the type and amount of any bonds that may be
required by a county assessor-collector for a deputy to perform
titling and registration duties; and
(4) the fees that may be charged or retained by
deputies.
(b) A county assessor-collector, with the approval of the
commissioners court of the county, may deputize an individual or
business entity to perform titling and registration services in
accordance with rules adopted under Subsection (a).
SECTION 45. Section 520.0093(e), Transportation Code, is
amended to read as follows:
(e) Under the agreement, the department shall charge an
amount not less than the amount of the cost to the department to
provide the additional equipment and any related services under the
lease. All money collected under the lease shall be deposited to
the credit of the Texas Department of Motor Vehicles [state
highway] fund.
SECTION 46. Section 520.016(c), Transportation Code, is
amended to read as follows:
(c) This section does not apply to a violation of Section
520.006 or a rule adopted under Section 520.0071[, 520.008,
520.009, 520.0091, or 520.0092].
SECTION 47. Sections 621.351(a) and (c), Transportation
Code, are amended to read as follows:
(a) The department may establish one or more escrow accounts
in the Texas Department of Motor Vehicles [state highway] fund for
the prepayment of a fee for a permit issued by the department that
authorizes the operation of a vehicle and its load or a combination
of vehicles and load exceeding size or weight limitations.
(c) The department shall deposit each fee established under
this section to the credit of the Texas Department of Motor Vehicles
[state highway] fund. The fees may be appropriated only to the
department for purposes of administering this section.
SECTION 48. Section 621.352(a), Transportation Code, is
amended to read as follows:
(a) The board by rule may establish fees for the
administration of Section 621.003 in an amount that, when added to
the other fees collected by the department, does not exceed the
amount sufficient to recover the actual cost to the department of
administering that section. An administrative fee collected under
this section shall be sent to the comptroller for deposit to the
credit of the Texas Department of Motor Vehicles [state highway]
fund and may be appropriated only to the department for the
administration of Section 621.003.
SECTION 49. Section 621.353(a), Transportation Code, is
amended to read as follows:
(a) The comptroller shall send $50 of each base fee
collected under Section 623.011 for an excess weight permit to the
counties of the state, with each county receiving an amount
determined according to the ratio of the total number of miles of
county roads maintained by the county to the total number of miles
of county roads maintained by all of the counties of this
state. The comptroller shall deposit $40 of each base fee, plus
each fee collected under Section 623.0112, to the credit of the
Texas Department of Motor Vehicles [state highway] fund. Money
deposited to the credit of that fund under this subsection may be
appropriated only to the department to administer this section and
Sections 623.011, 623.0111, and 623.0112.
SECTION 50. Section 621.354, Transportation Code, is
amended to read as follows:
Sec. 621.354. DISPOSITION OF FEES FOR PERMIT FOR MOVEMENT
OF CYLINDRICAL HAY BALES. Of each fee collected under Section
623.017, the [The] department shall deposit:
(1) 90 percent [each fee collected under Section
623.017] in the state treasury to the credit of the state highway
fund; and
(2) 10 percent in the state treasury to the credit of
the Texas Department of Motor Vehicles fund.
SECTION 51. Section 623.0111(c), Transportation Code, is
amended to read as follows:
(c) Of the fees collected under Subsection (a), the
following amounts shall be deposited to the general revenue fund,
90 percent of [and] the remainder shall be deposited to the credit
of the state highway fund, and 10 percent of the remainder shall be
deposited to the credit of the Texas Department of Motor Vehicles
fund:
Number of Counties Designated Amount Allocated to General Revenue Fund
Number of Counties Designated Amount Allocated to General Revenue Fund
1-5 $125
6-20 $125
21-40 $345
41-60 $565
61-80 $785
81-100 $900
101-254 $1,000
SECTION 52. Sections 623.014(c) and (d), Transportation
Code, are amended to read as follows:
(c) The department shall issue the prorated credit if the
person:
(1) pays the fee adopted by the board [department];
and
(2) provides the department with:
(A) the original permit; or
(B) if the original permit does not exist,
written evidence in a form approved by the department that the
vehicle has been destroyed or is permanently inoperable.
(d) The fee adopted by the board [department] under
Subsection (c)(1) may not exceed the cost of issuing the credit. A
fee collected by the department under Subsection (c)(1) shall be
deposited to the credit of the Texas Department of Motor Vehicles
fund.
SECTION 53. Sections 623.0711(g) and (h), Transportation
Code, are amended to read as follows:
(g) An application for a permit under this section must be
accompanied by the permit fee established by the department, in
consultation with the commission, for the permit, not to exceed
$9,000. The department shall send each fee to the comptroller, who
shall [for] deposit:
(1) 90 percent of the fee to the credit of the state
highway fund; and
(2) 10 percent of the fee to the credit of the Texas
Department of Motor Vehicles fund.
(h) In addition to the fee established under Subsection (g),
the commission rules must authorize the department to collect a
consolidated permit payment for a permit under this section in an
amount not to exceed 15 percent of the fee established under
Subsection (g), of which:
(1) 90 percent shall [to] be deposited to the credit of
the state highway fund; and
(2) 10 percent shall be deposited to the credit of the
Texas Department of Motor Vehicles fund.
SECTION 54. Section 623.076, Transportation Code, is
amended by amending Subsections (a-1) and (c) and adding Subsection
(b-1) to read as follows:
(a-1) The following amounts collected under Subsection (a)
shall be deposited to the general revenue fund, 90 percent of [and]
the remainder shall be deposited to the credit of the state highway
fund, and 10 percent of the remainder shall be deposited to the
credit of the Texas Department of Motor Vehicles fund:
Amount of Fee Amount Allocated to General Revenue Fund
$60 (single-trip permit) $30
$120 (30-day permit) $60
$180 $90
$240 $120
$270 $135
(b-1) The department shall deposit a fee collected under
Subsection (b)(3) to the credit of the Texas Department of Motor
Vehicles fund.
(c) An application for a permit under Section 623.071(c)(3)
or (d) must be accompanied by the permit fee established by the
board, in consultation with the commission, for the permit, not to
exceed $7,000. Of each fee collected under this subsection, the
department shall send:
(1) the first $1,000 to the comptroller for deposit to
the credit of the general revenue fund; and
(2) any amount in excess of $1,000 to the comptroller,
who shall [for] deposit:
(A) 90 percent of the excess to the credit of the
state highway fund; and
(B) 10 percent of the excess to the credit of the
Texas Department of Motor Vehicles fund.
SECTION 55. Section 623.077(b), Transportation Code, is
amended to read as follows:
(b) The department shall send each fee collected under
Subsection (a) to the comptroller, who shall [for] deposit:
(1) 90 percent of the fee to the credit of the state
highway fund; and
(2) 10 percent of the fee to the credit of the Texas
Department of Motor Vehicles fund.
SECTION 56. Sections 623.096(a) and (c), Transportation
Code, are amended to read as follows:
(a) The department shall collect a fee of $40 for each
permit issued under this subchapter. Of each fee, $19.70 shall be
deposited to the credit of the general revenue fund and of the
remainder:
(1) 90 percent shall be deposited to the credit of the
state highway fund; and
(2) 10 percent shall be deposited to the credit of the
Texas Department of Motor Vehicles fund.
(c) The department may establish an escrow account within
the Texas Department of Motor Vehicles fund for the payment of
permit fees.
SECTION 57. Section 623.124(b), Transportation Code, is
amended to read as follows:
(b) The department shall send each fee collected under this
section to the comptroller. Of each fee received from the
department, the comptroller shall deposit:
(1) $7.50 to the credit of the general revenue fund;
and
(2) of the remainder:
(A) 90 percent [$7.50] to the credit of the state
highway fund; and
(B) 10 percent to the credit of the Texas
Department of Motor Vehicles fund.
SECTION 58. Section 623.147, Transportation Code, is
amended to read as follows:
Sec. 623.147. DEPOSIT OF FEE IN STATE HIGHWAY FUND AND IN
TEXAS DEPARTMENT OF MOTOR VEHICLES FUND. A fee collected under this
subchapter shall be deposited as follows:
(1) 90 percent to the credit of the state highway fund;
and
(2) 10 percent to the credit of the Texas Department of
Motor Vehicles fund.
SECTION 59. Section 623.182(b), Transportation Code, is
amended to read as follows:
(b) The department shall send each fee collected under this
subchapter to the comptroller. Of each fee received from the
department, the comptroller shall deposit $50 to the credit of the
general revenue fund and of the remainder the department shall
deposit:
(1) 90 percent [$50] to the credit of the state highway
fund; and
(2) 10 percent to the credit of the Texas Department of
Motor Vehicles fund.
SECTION 60. Section 623.197, Transportation Code, is
amended to read as follows:
Sec. 623.197. DEPOSIT OF FEE IN STATE HIGHWAY FUND AND IN
TEXAS DEPARTMENT OF MOTOR VEHICLES FUND. A fee collected under this
subchapter shall be deposited as follows:
(1) 90 percent to the credit of the state highway fund;
and
(2) 10 percent to the credit of the Texas Department of
Motor Vehicles fund.
SECTION 61. Section 623.273, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) Money collected by the department under Subsection (d)
shall be deposited to the credit of the Texas Department of Motor
Vehicles fund.
SECTION 62. Section 643.004(b), Transportation Code, is
amended to read as follows:
(b) The department may establish one or more escrow accounts
in the Texas Department of Motor Vehicles [state highway] fund for
the prepayment of a fee under this chapter. Prepaid fees and any
fees established by the department for the administration of this
section shall be:
(1) administered under an agreement approved by the
department; and
(2) deposited to the credit of the Texas Department of
Motor Vehicles [state highway] fund to be appropriated only to the
department for the purposes of administering this chapter.
SECTION 63. Section 645.002(c), Transportation Code, is
amended to read as follows:
(c) The department may establish one or more escrow accounts
in the Texas Department of Motor Vehicles [state highway] fund for
the prepayment of a fee under this chapter. A prepaid fee or any fee
established by the department for the administration of this
section shall be:
(1) administered under an agreement approved by the
department; and
(2) deposited to the credit of the Texas Department of
Motor Vehicles [state highway] fund to be appropriated only to the
department for the purposes of administering this chapter.
SECTION 64. Section 646.001, Transportation Code, is
amended to read as follows:
Sec. 646.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Department" means the Texas Department of Motor
Vehicles.
(2) "Motor [, "motor] transportation broker" means a
person who:
(A) [(1)] sells, offers for sale, provides, or
negotiates for the transportation of cargo by a motor carrier
operated by another person; or
(B) [(2)] aids or abets a person in performing an
act described by Paragraph (A) [Subdivision (1)].
SECTION 65. Sections 646.003(a) and (c), Transportation
Code, are amended to read as follows:
(a) A person may not act as a motor transportation broker
unless the person provides a bond to the department [Texas
Department of Motor Vehicles].
(c) The department may charge the broker a bond review fee
in an amount not to exceed the cost of reviewing the bond. The
department shall deposit a fee collected under this subsection to
the credit of the Texas Department of Motor Vehicles fund.
SECTION 66. Section 681.005, Transportation Code, is
amended to read as follows:
Sec. 681.005. DUTIES OF COUNTY ASSESSOR-COLLECTOR. Each
county assessor-collector shall send to the department each fee
collected under Section 681.003, to be deposited in the Texas
Department of Motor Vehicles [state highway] fund to defray the
cost of providing the disabled parking placard.
SECTION 67. Section 683.052(d), Transportation Code, is
amended to read as follows:
(d) The application must be accompanied by a fee of $2,
unless the application is made by a unit of government. Fees
collected under this subsection shall be deposited to the credit of
the Texas Department of Motor Vehicles [state highway] fund.
SECTION 68. Section 1001.007(b), Transportation Code, is
amended to read as follows:
(b) Money collected by the department under this section
shall be deposited to the credit of the Texas Department of Motor
Vehicles [state highway] fund for use by the department in
supporting the department's operations and the administration of
the department's functions.
SECTION 69. Section 1001.009(d), Transportation Code, is
amended to read as follows:
(d) Revenue generated from the collection of discount or
service charges under Subsection (c) shall be deposited to the
credit of the Texas Department of Motor Vehicles [state highway]
fund for use by the department in supporting the department's
operations and the administration of the department's functions.
SECTION 70. Subchapter A, Chapter 1001, Transportation
Code, is amended by adding Section 1001.013 to read as follows:
Sec. 1001.013. PERFORMANCE OF CERTAIN DEPARTMENT FUNCTIONS
BY AUTHORIZED BUSINESS. (a) The executive director of the
department may authorize a business entity to perform a department
function in accordance with rules adopted under Subsection (b).
(b) The board by rule shall prescribe:
(1) the classification types of businesses that are
authorized to perform certain department functions;
(2) the duties and obligations of an authorized
business;
(3) the type and amount of any bonds that may be
required for a business to perform certain functions; and
(4) the fees that may be charged or retained by a
business authorized under this section.
SECTION 71. Chapter 1001, Transportation Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. TEXAS DEPARTMENT OF MOTOR VEHICLES FUND
Sec. 1001.151. TEXAS DEPARTMENT OF MOTOR VEHICLES FUND.
(a) The Texas Department of Motor Vehicles fund is a special fund
in the treasury outside the general revenue fund and the state
highway fund.
(b) Except as provided by Subsection (c), and unless
otherwise dedicated by the Texas Constitution, the fund consists
of:
(1) money appropriated by the legislature to the
department;
(2) money allocated to pay fund accounting costs and
related liabilities of the fund;
(3) gifts, grants, and donations received by the
department;
(4) money required by law to be deposited to the fund;
(5) interest earned on money in the fund; and
(6) other revenue received by the department.
(c) Money appropriated to the department for Automobile
Burglary and Theft Prevention Authority purposes and other revenue
collected or received by the Automobile Burglary and Theft
Prevention Authority may not be deposited into the fund.
Sec. 1001.152. USE OF MONEY IN FUND. Money that is required
to be deposited in the state treasury to the credit of the Texas
Department of Motor Vehicles fund may be used by the department
only:
(1) to support the department's operations and the
administration and enforcement of the department's functions; or
(2) to pay the accounting costs and related
liabilities for the fund, including fringe benefits, workers'
compensation, and unemployment compensation.
Sec. 1001.153. APPLICABILITY OF OTHER LAW. Subchapter D,
Chapter 316, Government Code, and Section 403.095, Government Code,
do not apply to the fund created under Section 1001.151.
SECTION 72. Sections 502.1982, 520.008, 520.009, 520.0091,
and 520.0092, Transportation Code, are repealed.
SECTION 73. (a) On September 1, 2013, $59 million of
existing revenue from fees collected or received by the Texas
Department of Motor Vehicles under Section 502.356, Transportation
Code, and former Section 502.1705, Transportation Code, from
November 1, 2009, to August 31, 2013, shall be transferred to and
deposited in the fund established under Section 1001.151,
Transportation Code, as added by this Act.
(b) To the extent that revenue required to be deposited to
the credit of the Texas Department of Motor Vehicles fund under
Subsection (a) of this section was, before September 1, 2013, being
used as collateral or a source of payment for the repayment of any
loans, bonds, credit agreements, public securities, or other
obligations, that revenue remains subject to being used as
collateral or a source of payment for those obligations. However,
an obligation described by this subsection must first be paid from
the state highway fund, and the Texas Department of Motor Vehicles
fund is subject to the obligation only to the extent the state
highway fund is depleted at the time the obligation matures and
becomes due.
(c) A deputy appointed under Section 520.0091,
Transportation Code, on or before August 31, 2013, may continue to
perform the services authorized under Sections 520.008, 520.009,
520.0091, and 520.0092, Transportation Code, until the effective
date of the rules adopted by the board of the Texas Department of
Motor Vehicles regarding the types of deputies authorized to
perform titling and registration duties under Section 520.0071,
Transportation Code, as added by this Act.
SECTION 74. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2013.
(b) Sections 502.197(a) and (b) and 520.006, Transportation
Code, as amended by this Act, take effect on the effective date of
rules adopted by the board of the Texas Department of Motor Vehicles
regarding the registration processing and handling fee under
Section 502.1911, Transportation Code, as added by this Act.
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