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A BILL TO BE ENTITLED
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AN ACT
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relating to a study by the Texas Department of Transportation on the |
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feasibility of charging a pavement consumption fee for the |
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operation of certain motor vehicles on public highways. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Department" means the Texas Department of |
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Transportation. |
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(2) "Governmental entity" means: |
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(A) a board, commission, department, office, or |
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other agency in the executive branch of state government; or |
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(B) a political subdivision of this state. |
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(3) "Highway" has the meaning assigned by Section |
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366.003, Transportation Code. |
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SECTION 2. STUDY AND REPORT; PROTOTYPE SOFTWARE. (a) The |
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department, in consultation with The University of Texas Center for |
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Transportation Research and the Texas A&M Transportation |
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Institute, shall conduct a study on the feasibility of: |
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(1) charging a pavement consumption fee in the amount |
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of the reasonable cost to repair damage to the pavement of a highway |
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caused by the normal operation of a vehicle operating on a highway |
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in this state: |
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(A) that is subject to the federal electronic |
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logging device requirements of 49 C.F.R. Part 395; or |
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(B) if operating only in intrastate commerce, |
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that would be subject to the federal electronic logging device |
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requirements of 49 C.F.R. Part 395 if operating in interstate or |
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international commerce; and |
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(2) adjusting or eliminating registration or permit |
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fees that are wholly or partly used for the maintenance of a highway |
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by a governmental entity and imposed on commercial motor vehicles |
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subject to the pavement consumption fee. |
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(b) In conducting the study, the department shall: |
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(1) develop a system to: |
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(A) determine the governmental entity |
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responsible for the maintenance of each section of a highway on |
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which a commercial motor vehicle subject to the pavement |
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consumption fee is operated; |
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(B) establish rates for the pavement consumption |
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fee that reflect the cost per mile to repair damage to the pavement |
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of each section of highway caused by the normal operation of a |
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commercial motor vehicle subject to the fee; and |
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(C) calculate the total amount of the fee due for |
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a reporting period from the operator of a commercial motor vehicle |
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subject to the pavement consumption fee; |
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(2) recommend rules to: |
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(A) administer, collect, and enforce the |
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pavement consumption fee; and |
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(B) distribute the fee to the governmental entity |
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responsible for maintaining a section of a highway on which a |
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commercial motor vehicle subject to the pavement consumption fee is |
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operated; and |
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(3) identify any registration or permit fee that is |
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wholly or partly used for the maintenance of a highway by a |
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governmental entity and imposed on a commercial motor vehicle |
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subject to the pavement consumption fee. |
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(c) The department shall develop a prototype of any software |
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required for a system developed under Subsection (b)(1) of this |
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section. |
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(d) Not later than November 1, 2022, the department shall |
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submit to the governor, the lieutenant governor, and the |
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legislature a written report on the findings of the study. The |
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report must include recommendations for policy and statutory |
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changes, including any proposed legislation, that are based on the |
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results of the study. |
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SECTION 3. EXPIRATION. This Act expires May 1, 2023. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect September |
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1, 2021. |