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A BILL TO BE ENTITLED
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AN ACT
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relating to the implementation by the Texas Department of |
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Transportation of a vehicle mileage user fee pilot program and a |
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task force to assist in developing and evaluating the program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 201, Transportation Code, is amended by |
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adding Subchapter Z to read as follows: |
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SUBCHAPTER Z. VEHICLE MILEAGE USER FEE PILOT PROGRAM |
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Sec. 201.2101. DEFINITIONS. In this subchapter: |
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(1) "Motor fuel taxes" means the motor fuel taxes |
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imposed under Chapter 162, Tax Code. |
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(2) "Pilot program" means the vehicle mileage user fee |
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pilot program. |
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(3) "Task force" means the vehicle mileage user fee |
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task force. |
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Sec. 201.2102. TASK FORCE. (a) The vehicle mileage user |
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fee task force is established to guide the development and |
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evaluation of the vehicle mileage user fee pilot program to assess |
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the potential for mileage-based revenue as an alternative to the |
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current system of taxing highway use through motor fuel taxes. |
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(b) The task force shall consist of seven members appointed |
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as follows: |
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(1) one member appointed by the lieutenant governor; |
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(2) one member appointed by the speaker of the house of |
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representatives; |
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(3) one member appointed by the chair of the standing |
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committee of the house of representatives having primary |
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jurisdiction over transportation; |
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(4) one member appointed by the chair of the standing |
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committee of the senate having primary jurisdiction over |
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transportation; and |
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(5) three members that represent the trucking |
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industry, appointed by the governor. |
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(c) The task force shall: |
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(1) conduct at least three public hearings to gather |
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public comment on issues and concerns related to the pilot program; |
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(2) make recommendations to the department on the |
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design and on the criteria to be used to evaluate the pilot program |
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and other alternative approaches to motor fuel taxes; and |
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(3) evaluate the pilot program. |
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(d) In conducting hearings under Subsection (c)(1), the |
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task force shall: |
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(1) provide notice: |
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(A) in the manner provided by Chapter 551, |
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Government Code; and |
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(B) on the department's Internet website; and |
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(2) provide interested persons with an opportunity to |
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submit their opinions orally and in writing. |
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(e) The department may create and maintain an Internet |
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website to allow members of the public to submit comments |
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electronically. |
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(f) On request, the department shall assist the task force |
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in implementing this subchapter. |
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Sec. 201.2103. PILOT PROGRAM. (a) The department, in |
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consultation with the Texas Department of Motor Vehicles and the |
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Texas A&M Transportation Institute, shall develop and implement a |
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statewide pilot program to assess a user fee on owners of motor |
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vehicles that is based on the number of miles traveled on public |
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highways in this state by those vehicles. |
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(b) The pilot program must: |
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(1) include not more than 800 motor vehicles, the |
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mileage of which will be measured by a variety of |
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vehicle-mileage-counting strategies, including odometer readings, |
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administered in a manner the department considers appropriate; |
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(2) test the reliability, ease of use, cost, and |
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public acceptance of technology and methods for: |
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(A) counting the number of miles traveled by |
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motor vehicles; |
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(B) reporting the number of miles traveled by |
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particular vehicles; and |
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(C) collecting payments from participants in the |
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pilot program; |
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(3) analyze and evaluate the ability of different |
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technologies and methods to: |
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(A) protect the integrity of data collected and |
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reported; |
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(B) ensure operators' privacy; and |
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(C) vary pricing based on the time of driving and |
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type of public highway; and |
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(4) evaluate: |
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(A) the enforceability of the vehicle mileage |
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user fee and opportunities for operators to evade or manipulate the |
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fee; and |
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(B) the impact of the vehicle mileage user fee on |
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equity. |
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(c) The department shall ensure that participants in the |
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pilot program: |
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(1) are included only on a voluntary basis; and |
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(2) represent a variety of motor vehicle operators, |
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including operators of passenger vehicles, commercial motor |
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vehicles, and electric vehicles. |
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(d) The pilot program may not last less than one year. |
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Sec. 201.2104. COMPENSATION OF PARTICIPANTS. The |
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department by rule shall establish a process to ensure that |
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participants in the pilot program are not required to spend more on |
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fees or taxes associated with road usage than if they had not |
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participated in the program. A process adopted under this section |
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may include a refund of motor fuel taxes paid by the participant or |
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other compensation. |
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Sec. 201.2105. CONFIDENTIALITY OF INFORMATION. |
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Identifying information about participants in the pilot program is |
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confidential and is not subject to disclosure under Chapter 552, |
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Government Code. |
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Sec. 201.2106. REPORT. Not later than September 1, 2026, |
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the department shall submit to the legislature a report summarizing |
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the results of the pilot program, including: |
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(1) the feasibility of permanently assessing a vehicle |
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mileage user fee; |
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(2) an evaluation of the impacts of a vehicle mileage |
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user fee on the economy, the environment, and traffic congestion; |
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(3) a comparison to other alternative approaches or |
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supplements to motor fuel taxes; and |
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(4) the department's recommendations together with |
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suggested legislation necessary to implement the recommendations. |
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Sec. 201.2107. APPLICATION FOR FEDERAL FUNDING. The |
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department shall submit an application to the United States |
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Department of Transportation for funding in federal fiscal year |
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2023 for the Surface Transportation System Funding Alternatives |
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Program established in the Fixing America's Surface Transportation |
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Act (Pub. L. No. 114-94) to help fund the pilot program. If the |
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application is not successful, the department shall apply in each |
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federal fiscal year in which grants are made available for |
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demonstration projects under this federal program or until the |
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application results in full or partial funding for a vehicle |
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mileage user fee pilot program, whichever first occurs. |
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Sec. 201.2108. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires November 1, 2026. |
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SECTION 2. This Act takes effect September 1, 2023. |