HBA-MPA H.B. 2814 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2814
By: Seaman
Transportation
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, in order to obtain state and federal funding for large
transportation projects, many communities must contribute a local funding
match.  Though certain options presently exist to create local funding,
some communities desire additional local funding options, especially for
the construction of bridges and causeways in coastal counties. 

H.B. 2814 allows a coastal county to impose an additional fee, not to
exceed $2, for registering a vehicle in the county to construct a causeway
or bridge between the mainland and a barrier island. The fee expires when
the commissioners court of the county determines that the cost of the
causeway or bridge has been paid.  This bill also amends current language
in the Texas Tax Increment Financing Act under Chapter 311, Tax Code, to
create an additional option to fund the construction of a bridge or
causeway in a coastal county. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Transportation
in SECTION 1 (Section 502.1725, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 502, Transportation Code, by
adding Section 502.1725, as follows: 

Sec. 502.1725.  OPTIONAL COUNTY FEE FOR CERTAIN CAUSEWAYS OR BRIDGES.  (a)
Authorizes the commissioners court of a county that borders the Gulf of
Mexico to impose an additional fee, not to exceed $2, for registering a
vehicle in the county. 

(b) Authorizes a vehicle that may be registered without payment of a fee
under this chapter to be registered in a county imposing a fee under this
section without payment of the additional fee.   

(c) Authorizes a fee imposed under this section to take effect only on
January 1 of a year. Provides that the county must adopt the order and
notify the Texas Department of Transportation (TxDOT) no later than
September 1 preceding the year when the fee takes effect. 

(d) Requires the county assessor-collector of a county imposing a fee under
this section to collect the additional fee when other fees are collected. 

(e) Requires TxDOT to collect the additional fee on a vehicle owned by a
resident of a county imposing a fee under this section and that must be
registered directly with TxDOT. Requires TxDOT to send all fees collected
for the county under this subsection to the county treasurer to be credited
to the county road and bridge fund. 

(f) Requires revenue from a fee imposed under this section to be deposited
in a special fund in the county treasury that may only be used to
construct, improve, or maintain a  causeway or bridge in the county between
the mainland and a barrier island.  Authorizes the bridge or causeway to be
owned by the county or TxDOT. 

(g) Provides that the fee imposed under this section expires when the
commissioners court determines that the cost of the causeway or bridge
project has been paid, and that the expiration takes effect on January 1 of
the year following the commissioners court making that determination.
Requires the commissioners court to notify TxDOT no later than December 1
of the year preceding the expiration. 

(h) Requires TxDOT to adopt rules and develop forms necessary to administer
registration by mail for a vehicle being registered in a county imposing a
fee under this section. 

SECTION 2.  Amends Section 311.005(a), Tax Code, to provide that to be
located on or adjacent to a barrier island on the Gulf of Mexico and
primarily undeveloped or underdeveloped is among the criteria that an area
must meet to be designated as a reinvestment zone.  

SECTION 3.  Amends  Section 311.006, Tax Code, by adding Subsection (f), to
provide that Subsection (a) (concerning restrictions on the creation of
reinvestment zones based on the percentage of  residential use and the
total appraised value of real property within the zone) does not apply to a
reinvestment zone created under Section 311.005(a)(4) (Criteria for
Reinvestment Zone). 

SECTION 4.  Amends Section 311.008(a), Tax Code, to make a conforming
change. 

SECTION 5.  Emergency clause.
  Effective date: upon passage.