HBA-MPA C.S.H.B. 2247 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2247
By: Hawley
Transportation
4/22/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, the Texas Department of Transportation (TxDOT) does not have the
authority to process sales electronically.  TxDOT receives a large number
of requests from the general public for goods and services on a daily
basis.  These goods and services include travel promotional material,
publications, licenses, permits, and registrations. Because it cannot
process these transactions electronically, TxDOT has received an increased
number of complaints from the public about not receiving the requested
goods and services in a timely manner.  C.S.H.B. 2247 allows the Texas
Transportation Commission to adopt rules permitting the use of electronic
funds transfers or credit cards for the purchase of these goods and
services. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to Texas Transportation Commission in
SECTION 1 (Section 201.208, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter D, Chapter 201, Transportation Code, by adding
Section 201.208, as follows: 

Sec. 201.208.  PAYMENT OF FEES FOR DEPARTMENT GOODS AND SERVICES. (a)
Authorizes the Texas Transportation Commission to adopt rules regarding the
method of payment of a fee for any goods sold or services provided by the
Texas Department of Transportation (TxDOT), or for the administration of
any TxDOT programs.   

(b) Provides that the goods and services provided include the sale of
travel promotional materials and TxDOT publications, and the issuance of
licenses, permits, and registrations. 

(c) Authorizes the rules to authorize the use of electronic funds transfers
or valid credit card issued by a financial institution chartered by a state
or the United States, or by a nationally recognized credit organization
approved by TxDOT, and to require the payment of a discount or service
charge for a credit card payment in addition to the fee. 

(d) Requires the revenues generated from payments of discount or service
charges under Subsection (c) to be deposited in the state highway fund. 

SECTION 2.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B 2247 differs from the original bill in SECTION 1 (proposed Section
201.208, Transportation Code) by adding proposed Subsection (d), as
follows: 

(d) Requires the revenues generated from payments of discount or service
charges under Subsection (c) to be deposited in the state highway fund.