By Garcia                                       H.B. No. 1353

      75R4419 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a road maintenance fee paid by mass transit

 1-3     authorities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 451, Transportation Code,

 1-6     is amended by adding Section 451.071 to read as follows:

 1-7           Sec. 451.071.  CONTRIBUTION FOR ROAD MAINTENANCE.  (a)  An

 1-8     authority shall pay to each municipality or county in the authority

 1-9     an annual road maintenance fee.

1-10           (b)  Not later than January 31 of each year, each

1-11     municipality and county in an authority shall provide the authority

1-12     with a statement of the amount of the road maintenance fee.  The

1-13     municipality or county shall compute the fee based on the amount of

1-14     damage done in the previous calendar year by the vehicles of the

1-15     authority to the roads and highways maintained by the municipality

1-16     or county.

1-17           (c)  If the authority determines that the amount of a fee

1-18     imposed under Subsection (b) is incorrect, the authority may bring

1-19     an action for the determination of the fee in a district court that

1-20     serves the municipality or county not later than March 15.

1-21           (d)  If the authority determines that the amount of a fee

1-22     imposed under Subsection (b) is correct, or if the authority fails

1-23     to bring an action in the time required by Subsection (c), the

1-24     authority shall pay the fee not later than April 1.

 2-1           (e)  A fee paid under this section is not included in the

 2-2     limitation imposed under Section 451.066.

 2-3           SECTION 2.  Subchapter B, Chapter 452, Transportation Code,

 2-4     is amended by adding Section 452.067 to read as follows:

 2-5           Sec. 452.067.  CONTRIBUTION FOR ROAD MAINTENANCE.  (a)  An

 2-6     authority shall pay to each municipality or county in the authority

 2-7     an annual road maintenance fee.

 2-8           (b)  Not later than January 31 of each year, each

 2-9     municipality and county in an authority shall provide the authority

2-10     with a statement of the amount of the road maintenance fee.  The

2-11     municipality or county shall compute the fee based on the amount of

2-12     damage done in the previous calendar year by the vehicles of the

2-13     authority to the roads and highways maintained by the municipality

2-14     or county.

2-15           (c)  If the authority determines that the amount of a fee

2-16     imposed under Subsection (b) is incorrect, the authority may bring

2-17     an action for the determination of the fee in a district court that

2-18     serves the municipality or county not later than March 15.

2-19           (d)  If the authority determines that the amount of a fee

2-20     imposed under Subsection (b) is correct, or if the authority fails

2-21     to bring an action in the time required by Subsection (c), the

2-22     authority shall pay the fee not later than April 1.

2-23           SECTION 3.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended,

 3-1     and that this Act take effect and be in force from and after its

 3-2     passage, and it is so enacted.