80R12544 ACP-F
 
  By: Castro H.B. No. 3962
 
Substitute the following for H.B. No. 3962:
 
  By:  Leibowitz C.S.H.B. No. 3962
 
A BILL TO BE ENTITLED
AN ACT
relating to an optional county fee on registration of a vehicle to
fund facilities that enhance pedestrian and bicycle safety.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter D, Chapter 502, Transportation Code,
is amended by adding Section 502.1725 to read as follows:
       Sec. 502.1725.  OPTIONAL COUNTY FEE FOR PEDESTRIAN AND
BICYCLE SAFETY.  (a)  The commissioners court of a county by order
may impose an additional fee, not to exceed $10, for registering a
vehicle in the county.
       (b)  A vehicle that may be registered under this chapter
without payment of a registration fee may be registered in a county
imposing a fee under this section without payment of the additional
fee.
       (c)  A fee imposed under this section may take effect only on
January 1 of a year. The county must adopt the order and notify the
department not later than September 1 of the year preceding the year
in which the fee takes effect.
       (d)  A fee imposed under this section may be removed. The
removal may take effect only on January 1 of a year. A county may
remove the fee only by:
             (1)  rescinding the order imposing the fee; and
             (2)  notifying the department not later than September
1 of the year preceding the year in which the removal takes effect.
       (e)  The county assessor-collector of a county imposing a fee
under this section shall collect the additional fee for a vehicle
when other fees imposed under this chapter are collected.
       (f)  The department shall collect the additional fee on a
vehicle that is owned by a resident of a county imposing a fee under
this section and that, under this chapter, must be registered
directly with the department. The department shall send all fees
collected for a county under this subsection to the county
treasurer or the county official who serves the function of a
treasurer.
       (g)  The department shall 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.
       (h)  A county shall use revenue from a fee imposed under this
section to acquire rights-of-way for and construct and maintain
facilities that enhance pedestrian and bicycle safety on a public
highway located in the county, including bicycle lanes and
sidewalks.
       (i)  A county imposing a fee under this section may fund
facilities that:
             (1)  are part of a public highway located in the county;
and
             (2)  improve access to public transportation.
       (j)  A county imposing a fee under this section shall consult
on the use of revenue from the fee with any of the following
providers of public transportation located within the county:
             (1)  a metropolitan rapid transit authority
established under Chapter 451;
             (2)  a municipal transit department established under
Chapter 453;
             (3)  a municipal mass transportation system
established under Chapter 454; or
             (4)  a rural or urban transit district established
under Chapter 458.
       (k)  In this section, "public transportation" has the
meaning assigned by Section 458.001, Transportation Code.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.