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