By: Castro 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 enhancing 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 PUBLIC
TRANSPORTATION. (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 an 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 no 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 and imposing the fee; and
             (2)  notifying the department no 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 section are collected.
       (f)  The department shall collect the additional fee on a
vehicle that is owned by a resident of the 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, if the county does not have a treasurer, to the county
official who serves the function of the treasurer to be credited to
the county pedestrian and bicycle facility fund.
       (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 for the acquisition of rights of way and construction and
maintenance of bicycle lanes, sidewalks, and other pedestrian
facilities that enhance pedestrian and bicycle safety on the
county's public roadways.
       (i)  A county imposing a fee under this section may fund
facilities that improve access to public transportation if such
facilities are part of the county's public roadways.
       (j)  If any of the following providers of public
transportation are located within a county imposing a fee under
this section, the county shall consult with the provider of public
transportation regarding the use of the revenue from a fee imposed
under this section:
             (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.