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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a road user fee pilot program by |
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the Texas Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 222, Transportation Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. ROAD USER FEE PILOT PROGRAM |
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Sec. 222.151. DEFINITIONS. In this subchapter: |
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(1) "Diesel fuel" has the meaning assigned by Section |
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162.001, Tax Code. |
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(2) "Gasoline" has the meaning assigned by Section |
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162.001, Tax Code. |
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(3) "Program" means a road user fee pilot program |
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established under this subchapter. |
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Sec. 222.152. PROGRAM ESTABLISHED. (a) Except as provided |
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by Subsection (b), the department by rule shall establish a pilot |
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program in at least one county that is part of a regional mobility |
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authority established or operating under Chapter 370 to study the |
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feasibility of assessing a road user fee that is based on the number |
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of miles traveled in this state by a motor vehicle. |
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(b) The department may not establish the program in a county |
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without the approval of the commissioners court of that county. |
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Sec. 222.153. AMOUNT OF ROAD USER FEE. (a) The department |
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by rule shall set the amount of the road user fee on a per mile |
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basis. |
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(b) In prescribing the amount of the fee, the department |
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shall determine the average amount of taxes imposed under Chapter |
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162, Tax Code, per mile on gasoline or diesel fuel used to propel an |
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average motor vehicle over the public roadways of this state. |
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(c) The department shall set the fee in an amount equal to |
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the amount determined under Subsection (b). |
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(d) The department shall allow a person who participates in |
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the program a credit against the fee imposed for use of a motor |
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vehicle equal to the amount of any taxes paid under Chapter 162, |
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Tax Code, for gasoline or diesel fuel used in the vehicle during the |
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period on which the amount of the fee paid is based. |
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Sec. 222.154. DEPOSIT OF NET REVENUE. The department shall |
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deposit the net revenue from the fee imposed under this subchapter |
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to the credit of the state highway fund. |
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Sec. 222.155. ELIGIBILITY. In establishing the pilot |
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program, the department shall consult with the regional mobility |
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authority of which the county is a part to develop criteria for |
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voluntary program participation. The criteria must include |
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requirements that a person must: |
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(1) reside in a county that is participating in the |
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program; |
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(2) possess a valid driver's license issued to that |
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person by this state; |
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(3) own a motor vehicle that is registered in this |
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state; and |
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(4) agree to rules adopted by the department. |
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Sec. 222.156. CONTRACTS. The department may contract with |
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the regional mobility authority of which the county is a part or The |
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Texas A&M University System, or both, to implement or administer |
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all or any part of the program. |
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Sec. 222.157. PROMOTION OF PROGRAM. Notwithstanding |
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Chapter 2113, Government Code, the department or an entity with |
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which the department contracts under Section 222.156 may promote |
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the program by appropriate means, including advertising or |
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marketing as the department or the entity determines appropriate. |
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Sec. 222.158. REPORT. Not later than January 31, 2012, the |
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department shall submit to the legislature a report that includes |
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recommendations regarding: |
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(1) the feasibility of assessing a road user fee that |
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is based on the number of miles traveled in this state by a motor |
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vehicle; and |
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(2) legislation to implement a road user fee in this |
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state. |
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Sec. 222.159. EXPIRATION. This subchapter expires |
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September 1, 2013. |
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SECTION 2. Not later than December 31, 2010, the Texas |
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Department of Transportation shall establish a pilot program as |
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required by Section 222.152, Transportation Code, as added by this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2009. |