82R21927 TRH-F

By: Darby H.B. No. 3413

Substitute the following for H.B. No. 3413:

By: McClendon C.S.H.B. No. 3413

A BILL TO BE ENTITLED

AN ACT

relating to the property and funding of the Texas Department of Motor Vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 1001, Transportation Code, is amended by adding Subchapters D and E to read as follows:

SUBCHAPTER D. DEPARTMENT PROPERTY

Sec. 1001.061. ACQUIRING AND DISPOSING OF PROPERTY. The department may:

(1) acquire by purchase, lease, gift, or any other manner property or an interest in property that is necessary or convenient to the exercise of the powers, rights, privileges, or functions of the department; and

(2) sell or otherwise dispose of property or an interest in property that is not necessary or convenient to the exercise of the department's powers, rights, privileges, or functions.

SUBCHAPTER E. REVENUE AND DEDICATED ACCOUNT

Sec. 1001.081. ACCOUNT. (a) The Texas Department of Motor Vehicles dedicated account is created in the treasury outside the general revenue fund and the state highway fund.

(b) Money appropriated to the department, money allocated to pay accounting costs and related liabilities of the account, and interest earned on money in the account shall be deposited to the credit of the account, for exclusive use by the department to support the department's operations and the administration and enforcement of the department's functions.

(c) Money appropriated to the department for Automobile Burglary and Theft Prevention Authority purposes may not be deposited into the account.

(d) Not later than September 1 of each year, the board shall certify the sum of:

(1) the sum of the unexpended amount of:

(A) each type of revenue described by Section 1001.083(b)(3);

(B) revenue from fees collected by the department under Sections 502.170 and 502.1705; and

(C) interest earned on revenue described by Paragraphs (A) and (B); and

(2) the amount of the department's operating expenses for the first quarter of the previous fiscal year.

(e) Of the money certified by the board under Subsection (d), any unexpended and unencumbered money shall remain available to the department, and the department may use the money for any department purpose.

(f) To the extent the General Appropriations Act makes an appropriation of an unexpended balance to the department for the second year of a biennium, Subsection (e) may not be construed to eliminate the appropriation.

(g) On September 1 of each even-numbered year, any unexpended and unencumbered money that is not certified under Subsection (d) shall be deposited to the credit of the state highway fund.

Sec. 1001.082. APPLICABILITY OF OTHER LAW. Subchapter D, Chapter 316, Government Code, and Section 403.095, Government Code, do not apply to the account created under Section 1001.081.

Sec. 1001.083. REVENUE. (a) Notwithstanding any other law, and except as provided by Section 1001.081(c), all fees, funds, penalties, and other revenue collected or received by the department shall be deposited to the credit of the account established under Section 1001.081.

(b) Except as provided by Subsection (c) or Sections 1001.081(c), (d), and (e), and unless otherwise dedicated by the Texas Constitution, the following sources of revenue shall be retained in the account established under Section 1001.081, and may be appropriated only to the department:

(1) 10 percent of all fees, funds, penalties, or other revenue collected or received by the department relating to motor vehicle registration activities, other than fees collected under Section 502.170 or 502.1705, provided that motor vehicle registration fees dedicated by Section 7-a, Article VIII, Texas Constitution, may be used only for the purposes prescribed by that section;

(2) all fees, funds, penalties, or other revenue collected or received by the department relating to:

(A) motor vehicle titling;

(B) license plates, including fees collected under Section 502.170 or 502.1705;

(C) motor vehicle sales and distribution;

(D) motor carriers;

(E) household goods movers; or

(F) any other industry or function for which the department may collect revenue; and

(3) any other revenue received by the department from another source, including:

(A) donations;

(B) grants;

(C) loans;

(D) reimbursements;

(E) settlement or judgment payments;

(F) appropriations, including an appropriation of revenue deposited in the account established under Section 1001.081; or

(G) payments or royalties for the sale, license, or lease of an interest in department property.

(c) In the event of a conflict between this section and a provision of law, including a final court order, relating to the distribution of revenue, the other provision of law controls to the extent that the other provision specifies a dollar or percentage amount to which the department or another governmental entity or agency is entitled.

(d) Following the determination of the amount to be retained and deposited under Subsections (b) and (c), the remaining balance shall be deposited to the credit of the account or fund authorized by other applicable law.

(e) The comptroller shall submit to the Legislative Budget Board a monthly report regarding the revenue collected by the department under this section. The report must contain:

(1) an itemized accounting of the amounts deposited to the credit of:

(A) the account established under Section 1001.081; and

(B) any other account or fund authorized by applicable law; and

(2) a determination regarding the dedicated and nondedicated amounts deposited to the credit of the state highway fund.

SECTION 2. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2011.

(b) Section 1001.083, Transportation Code, as added by this Act, takes effect September 1, 2013.