82R3701 JAM-D
 
  By: Pickett H.B. No. 1538
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain fees imposed in connection with the operation
  of overweight and oversize vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 623, Transportation Code,
  is amended by adding Section 623.002 to read as follows:
         Sec. 623.002.  EVALUATION OF PERMIT FEES. (a)  The
  department shall evaluate highway use in this state by oversize or
  overweight vehicles, calculate the cost of damage to highways in
  this state caused by those vehicles, and determine whether:
               (1)  the fees charged for permits issued under this
  chapter are adequate to offset the costs of damage to highways
  caused by those vehicles and recommend any fee adjustments for the
  permits to reflect the costs of damage to highways caused by those
  vehicles; and
               (2)  vehicles currently exempt from permit
  requirements under this chapter should be required to obtain a
  permit to operate on roads or highways in this state.
         (b)  Not later than October 1 of each even-numbered year, the
  department shall report its findings to:
               (1)  the Legislative Budget Board; and
               (2)  the governor.
         SECTION 2.  Section 623.077, Transportation Code, is amended
  to read as follows:
         Sec. 623.077.  HIGHWAY MAINTENANCE FEE.  (a)  An applicant
  for a permit under this subchapter, other than a permit under
  Section 623.071(c)(3), must also pay a highway maintenance fee in
  an amount determined according to vehicle weight and distance
  traveled. [the following table:
 
[Vehicle Weight in Pounds Fee
 
[80,001 to 120,000 $150
 
[120,001 to 160,000 $225
 
[160,001 to 200,000 $300
 
[200,001 and above $375]
         (b)  The department shall adopt rules to implement this
  section and establish a schedule of rates, based on miles traveled,
  for all vehicle weight categories that provides for an increase in
  the rates according to the weight of a vehicle.
         (c)  The department shall send each fee collected under
  Subsection (a) to the comptroller for deposit to the credit of the
  state highway fund.
         SECTION 3.  (a) The Texas Department of Transportation
  shall adopt rules implementing Section 623.077, Transportation
  Code, as amended by this Act, not later than January 1, 2012.
         (b)  Section 623.077(a), Transportation Code, as amended by
  this Act, applies only to an application for a permit submitted
  under Subchapter D, Chapter 623, Transportation Code, to the Texas
  Department of Transportation on or after January 1, 2012. An
  application for a permit submitted before January 1, 2012, is
  governed by the law in effect on the date the application was
  submitted, and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.