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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas rail relocation and improvement fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.097(d), Transportation Code, is |
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amended to read as follows: |
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(d) The fee collected under Subsection (a)(1) shall be |
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credited to the Texas rail relocation and improvement [state
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highway] fund [to defray the costs of administering this subchapter
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and the costs to the department for issuing the title]. |
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SECTION 2. Section 501.100(e), Transportation Code, is |
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amended to read as follows: |
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(e) On or after the 31st day after the date the department |
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receives a rebuilder fee under Subsection (d), the department shall |
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deposit $50 of the fee to the credit of the Texas rail relocation |
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and improvement [state highway] fund [to be used only by the
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Department of Public Safety to enforce this chapter] and $15 to the |
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credit of the general revenue fund. |
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SECTION 3. Section 501.134(a), Transportation Code, is |
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amended to read as follows: |
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(a) If a certificate of title is lost or destroyed, the |
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owner or lienholder disclosed on the certificate may obtain, in the |
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manner provided by this section and department rule, a certified |
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copy of the lost or destroyed certificate of title directly from the |
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department by applying on a form prescribed by the department and |
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paying a fee of $2. A fee collected under this subsection shall be |
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deposited to the credit of the Texas rail relocation and |
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improvement [state highway] fund [and may be spent only as provided
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by Section 501.138]. |
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SECTION 4. Section 501.138(c), Transportation Code, is |
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amended to read as follows: |
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(c) Of the amount received under Subsection (b)(2), the |
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department shall deposit: |
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(1) $5 in the general revenue fund; and |
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(2) $3 to the credit of the Texas rail relocation and |
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improvement [state highway] fund [to recover the expenses necessary
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to administer this chapter]. |
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SECTION 5. Section 502.008, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) Any fee collected by the department for responding to an |
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inquiry under this section shall be deposited to the credit of the |
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Texas rail relocation and improvement fund. |
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SECTION 6. Section 502.179(b), Transportation Code, is |
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amended to read as follows: |
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(b) The office issuing a duplicate receipt shall retain the |
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fee received as a fee of office. If the department issues the |
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duplicate receipt, the fee shall be deposited to the credit of the |
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Texas rail relocation and improvement fund. |
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SECTION 7. Section 503.007(d), Transportation Code, is |
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amended to read as follows: |
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(d) A fee collected under this section shall be deposited to |
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the credit of the Texas rail relocation and improvement [state
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highway] fund. |
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SECTION 8. Section 503.008(d), Transportation Code, is |
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amended to read as follows: |
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(d) A fee collected under this section shall be deposited to |
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the credit of the Texas rail relocation and improvement [state
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highway] fund. |
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SECTION 9. Section 503.0615(f), Transportation Code, is |
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amended to read as follows: |
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(f) Of each fee collected by the department under this |
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section: |
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(1) $1.25 shall be deposited to the credit of the Texas |
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rail relocation and improvement [state highway] fund [to defray the
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cost of administering this section]; and |
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(2) the remainder shall be deposited to the credit of |
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the general revenue fund. |
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SECTION 10. Section 621.353(a), Transportation Code, is |
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amended to read as follows: |
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(a) The comptroller shall send $50 of each base fee |
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collected under Section 623.011 for an excess weight permit to the |
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counties of the state, with each county receiving an amount |
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determined according to the ratio of the total number of miles of |
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county roads maintained by the county to the total number of miles |
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of county roads maintained by all of the counties of this state. |
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The comptroller shall deposit $25 of each base fee, plus each fee |
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collected under Section 623.0112, to the credit of the Texas rail |
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relocation and improvement [state highway] fund. [Money deposited
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to the credit of that fund under this subsection may be appropriated
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only to the department to administer this section and Sections
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623.011, 623.0111, and 623.0112.] |
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SECTION 11. Section 623.0111(c), Transportation Code, is |
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amended to read as follows: |
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(c) Of the fees collected under Subsection (a) the following |
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amounts shall be deposited to the general revenue fund and the |
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remainder shall be deposited to the credit of the Texas rail |
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relocation and improvement [state highway] fund: |
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| Number of Counties Designated |
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Amount Allocated to General Revenue Fund |
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| Number of Counties Designated |
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Amount Allocated to General Revenue Fund |
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SECTION 12. Sections 623.076(a-1) and (c), Transportation |
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Code, are amended to read as follows: |
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(a-1) The following amounts collected under Subsection (a) |
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shall be deposited to the general revenue fund and the remainder |
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deposited to the credit of the Texas rail relocation and |
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improvement [state highway] fund: |
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| Amount of Fee |
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Amount Allocated to General Revenue Fund |
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| $60 (single-trip permit) |
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$30 |
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(c) An application for a permit under Section 623.071(c)(3) |
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or (d) must be accompanied by the permit fee established by the |
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commission for the permit, not to exceed $7,000. Of each fee |
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collected under this subsection, the department shall send: |
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(1) the first $1,000 to the comptroller for deposit to |
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the credit of the general revenue fund; and |
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(2) any amount in excess of $1,000 to the comptroller |
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for deposit to the credit of the Texas rail relocation and |
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improvement [state highway] fund. |
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SECTION 13. Section 623.077, Transportation Code, is |
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amended to read as follows: |
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Sec. 623.077. ADDITIONAL [HIGHWAY MAINTENANCE] FEE. (a) |
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An applicant for a permit under this subchapter, other than a permit |
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under Section 623.071(c)(3), must also pay an additional [a highway
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maintenance] fee in an amount determined according to the following |
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table: |
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| Vehicle Weight in Pounds |
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Fee |
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(b) The department shall send each fee collected under |
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Subsection (a) to the comptroller for deposit to the credit of the |
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Texas rail relocation and improvement [state highway] fund. |
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SECTION 14. Section 623.096(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department shall collect a fee of $40 for each |
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permit issued under this subchapter. Of each fee, $19.70 shall be |
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deposited to the credit of the general revenue fund and the |
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remainder deposited to the credit of the Texas rail relocation and |
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improvement [state highway] fund. |
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SECTION 15. Section 623.124(b), Transportation Code, is |
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amended to read as follows: |
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(b) The department shall send each fee collected under this |
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section to the comptroller. Of each fee received from the |
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department, the comptroller shall deposit $7.50 to the credit of |
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the general revenue fund and $7.50 to the credit of the Texas rail |
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relocation and improvement [state highway] fund. |
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SECTION 16. Section 623.147, Transportation Code, is |
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amended to read as follows: |
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Sec. 623.147. DEPOSIT OF FEE IN TEXAS RAIL RELOCATION AND |
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IMPROVEMENT [STATE HIGHWAY] FUND. A fee collected under this |
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subchapter shall be deposited to the credit of the Texas rail |
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relocation and improvement [state highway] fund. |
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SECTION 17. Section 2301.156, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.156. DEPOSIT OF REVENUE. Notwithstanding any |
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other law to the contrary, all money collected by the board under |
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this chapter shall be deposited in the state treasury to the credit |
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of the Texas rail relocation and improvement [state highway] fund. |
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SECTION 18. Section 2301.264(d), Occupations Code, is |
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amended to read as follows: |
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(d) The board may refund from funds deposited under Section |
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2301.156 [appropriated to the board for that purpose] a fee |
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collected under this chapter that is not due or that exceeds the |
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amount due. |
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SECTION 19. The Texas Department of Transportation, in |
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coordination with the comptroller of public accounts, shall produce |
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recommendations for supplemental revenue sources for the Texas rail |
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relocation and improvement fund for consideration by the 83rd |
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Legislature. |
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SECTION 20. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |