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  80R13005 JD-D
 
  By: Parker H.B. No. 4059
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Commissioners Court of Denton
County to impose a road use fee on certain entities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 286, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. ROAD USE FEE IN DENTON COUNTY
       Sec. 286.101.  APPLICABILITY. This subchapter applies only
to Denton County.
       Sec. 286.102.  ROAD USE FEE AUTHORIZED. (a) The
Commissioners Court of Denton County may impose a road use fee on an
entity that is authorized to do business in this state and drills
gas wells in Denton County.
       (b)  The amount of a fee imposed under Subsection (a) must
be:
             (1)  based on the costs of county road maintenance made
necessary by the use of those roads by the entity, vehicles owned
and operated by the entity, or vehicles owned by another person or
entity and operated for the benefit of the entity; and
             (2)  calculated according to the following structure:
PAVEMENT SECTIONWATER SCENARIO                 
   PIPED WATER    HAULED WATER
Type 1 $12,752 per lane mile $34,888 per lane mile
Type 2 $4,009 per lane mile $10,969 per lane mile
Type 3 $277 per lane mile $758 per lane mile
Type 4 $61 per lane mile $165 per lane mile
       (c)  The proceeds of a fee imposed under this subchapter may
be used only for the maintenance of Denton County roads.
       (d)  In this section:
             (1)  "Type 1 pavement" means pavement consisting of a
six-inch flex base with a chip seal.
             (2)  "Type 2 pavement" means pavement consisting of a
six-inch flex base with a chip seal and a two-inch asphalt overlay.
             (3)  "Type 3 pavement" means pavement consisting of a
six-inch treated subgrade with six inches of asphalt.
             (4)  "Type 4 pavement" means pavement consisting of a
six-inch treated subgrade with eight inches of asphalt.
       (e)  This subchapter expires December 31, 2023.
       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.