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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 502, Transportation Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. VEHICLE MILEAGE USER FEE PILOT PROGRAM |
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Sec. 502.501. LEGISLATIVE PURPOSE. (a) The purpose of this |
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subchapter is to assess the feasibility of eliminating the state |
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gasoline and diesel tax, also known as the motor fuel taxes, and |
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other user fees for transportation. |
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Sec. 502.502. 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. 502.503. TASK FORCE. (a) The vehicle mileage user fee |
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task force is established to guide the development and evaluation |
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of the vehicle mileage user fee pilot program to assess the |
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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 appointed by the governor. |
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(c) The task force shall: |
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(1) conduct at least three public hearings 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) publish notice in accordance with Government Code |
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551, referred to as "The Open Meetings Act"; and |
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(2) publish notice on the department's website; and |
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(3) 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 a website to |
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allow members of the public to submit comments 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. 502.504. 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 commercial |
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motor vehicles that is based on the number of miles traveled on |
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public 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 300 commercial motor |
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vehicles, the operators of which will have on-board |
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vehicle-mileage-counting equipment added to their vehicles, |
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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; and |
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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, |
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type of public highway, proximity to transit, vehicle fuel |
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efficiency, participation in car-sharing or pooling, or the income |
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of the operator. |
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(c) The pilot program may not last less than one year. |
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Sec. 502.505. COMPENSATION OF PARTICIPANTS. The department |
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by rule shall establish a process to ensure that participants in the |
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pilot program are not required to spend more on fees or taxes |
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associated with road usage than if they had not participated in the |
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program. A process adopted under this section may include a refund |
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of motor fuel taxes paid by the participant or other compensation. |
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Sec. 502.506. CONFIDENTIALITY OF INFORMATION. Identifying |
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information about participants in the pilot program is confidential |
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and is not subject to disclosure under Chapter 552, Government |
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Code. |
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Sec. 502.507. REPORT. Not later than September 1, 2026, the |
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department shall submit to the legislature a report summarizing the |
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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. 502.508. 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. 502.509. 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. |