Bill Text: TX HB3723 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to optional fees on the registration of a vehicle imposed by a county.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-05-12 - Referred to Transportation & Homeland Sec. [HB3723 Detail]

Download: Texas-2011-HB3723-Introduced.html
 
 
  By: Guillen H.B. No. 3723
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to optional fees on the registration of a vehicle imposed
  by a county.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 502.172(a), Transportation Code, is
  amended to read as follows:
         (a)  The commissioners court of a county by order may impose
  an additional fee, not to exceed $15 [$10], for registering a
  vehicle in the county.
         SECTION 2.  Section 502.1725, Transportation Code, is
  amended by amending Subsections (a), (b), (d), (e), (f), and (g) and
  adding Subsections (e-1), (f-1), (i) and (j) to read as follows:
         (a)  This section applies only to a county:
               (1)  that borders the United Mexican States;
               (2)  that has a population of more than 250,000
  [300,000]; [and]
               (3)  in which the largest municipality has a population
  of less than 300,000; and
               (4)  that does not border the Gulf of Mexico.
         (b)  The commissioners court of a county by order may impose
  an additional fee, not to exceed $50 [$10], for registering a
  vehicle in the county.
         (d)  A fee imposed under this section may take effect only on
  January 1 of a year. The county must adopt the order and notify the
  department not later than September 1 of the year proceeding the
  year in which the fee takes effect. A fee imposed under this
  section is not required to be annually reauthorized and remains in
  effect until removed as provided by Subsection (e).
         (e)  Subject to Subsection (e-1), a [A] fee imposed under
  this section may be removed. The removal may take effect only on
  January 1 of a year. A county may remove the fee only by:
               (1)  rescinding the order imposing the fee; and
               (2)  notifying the department not later than September
  1 of the year preceding the year in which the removal takes effect.
         (e-1)  If the revenue from a fee imposed under this section
  has been pledged or assigned to secure the payment of bonds or other
  obligations as provided by Subsection (f-1), the fee may not be
  removed until the bonds or other obligations secured by the pledge
  or assignment have been paid or discharged.
         (f)  The county assessor-collector of a county imposing a fee
  under this section shall collect the additional fee for a vehicle
  when other fees imposed under this chapter are collected. The
  county shall deposit [send] the fee revenue in a special account in
  the county general fund. Money in the account may be used only to
  contract with:
               (1)  [to] the regional mobility authority of the county
  to promote and maintain a public purpose of the county that involves
  funding [fund] long-term transportation projects in the county;
               (2)  a transportation governmental entity designated
  under Subsection (j) to promote and maintain a public purpose of the
  county that involves funding long-term transportation projects in
  the county; or
               (3)  a public or private entity developing a long-term
  transportation project in the county under an agreement with the
  county, the regional mobility authority of the county, or a
  transportation governmental entity designated under Subsection (j)
  to promote and maintain a public purpose of the county.
         (f-1)  Revenue from a fee imposed under this section may be
  pledged or assigned by the county, the regional mobility authority
  of the county with which the county contracts under Subsection (f),
  or a transportation governmental entity with which the county
  contracts under Subsection (f) to secure the payment of bonds or
  other obligations associated with the development of long-term
  transportation projects in the county as provided by Subsection
  (f).
         (g)  The department shall collect the additional fee on a
  vehicle that is owned by a resident of a county imposing a fee under
  this section and that, under this chapter, must be registered
  directly with the department. The department shall send all fees
  collected for a county under this subsection to the county for
  deposit and use as provided by Subsection (f) or (f-1) [regional
  mobility authority of the county to fund long-term transportation
  projects in the county].
         (i)  The total amount of fees imposed by the commissioners
  court of a county under this section and under Section 502.172 may
  not exceed $65.
         (j)  The department shall designate the governmental
  entities that serve primarily a transportation function and with
  which counties may contract under Subsection (f).
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
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