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A BILL TO BE ENTITLED
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AN ACT
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relating to the property and funding of the Texas Department of |
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Motor Vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1001, Transportation Code, is amended by |
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adding Subchapters D and E to read as follows: |
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SUBCHAPTER D. DEPARTMENT PROPERTY |
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Sec. 1001.061. ACQUIRING AND DISPOSING OF PROPERTY. The |
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department may: |
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(1) acquire by purchase, lease, gift, or any other |
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manner property or an interest in property that is necessary or |
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convenient to the exercise of the powers, rights, privileges, or |
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functions of the department; and |
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(2) sell or otherwise dispose of property or an |
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interest in property that is not necessary or convenient to the |
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exercise of the department's powers, rights, privileges, or |
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functions. |
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SUBCHAPTER E. REVENUE AND DEDICATED ACCOUNT |
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Sec. 1001.081. ACCOUNT. (a) The Texas Department of Motor |
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Vehicles dedicated account is created in the treasury outside the |
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general revenue fund and the state highway fund. |
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(b) Money appropriated to the department, money allocated |
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to pay accounting costs and related liabilities of the account, and |
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interest earned on money in the account shall be deposited to the |
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credit of the account, for exclusive use by the department to |
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support the department's operations and the administration and |
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enforcement of the department's functions. |
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(c) Money appropriated to the department for Automobile |
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Burglary and Theft Prevention Authority purposes may not be |
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deposited into the account. |
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(d) Not later than September 1 of each year, the board shall |
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certify the sum of: |
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(1) the sum of the unexpended amount of: |
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(A) each type of revenue described by Section |
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1001.083(b)(3); |
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(B) revenue from fees collected by the department |
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under Sections 502.170 and 502.1705; and |
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(C) interest earned on revenue described by |
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Paragraphs (A) and (B); and |
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(2) the amount of the department's operating expenses |
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for the first quarter of the previous fiscal year. |
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(e) Of the money certified by the board under Subsection |
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(d), any unexpended and unencumbered money shall remain available |
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to the department, and the department may use the money for any |
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department purpose. |
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(f) To the extent the General Appropriations Act makes an |
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appropriation of an unexpended balance to the department for the |
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second year of a biennium, Subsection (e) may not be construed to |
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eliminate the appropriation. |
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(g) On September 1 of each even-numbered year, any |
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unexpended and unencumbered money that is not certified under |
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Subsection (d) shall be deposited to the credit of the state highway |
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fund. |
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Sec. 1001.082. APPLICABILITY OF OTHER LAW. Subchapter D, |
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Chapter 316, Government Code, and Section 403.095, Government Code, |
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do not apply to the account created under Section 1001.081. |
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Sec. 1001.083. REVENUE. (a) Notwithstanding any other |
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law, and except as provided by Section 1001.081(c), all fees, |
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funds, penalties, and other revenue collected or received by the |
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department shall be deposited to the credit of the account |
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established under Section 1001.081. |
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(b) Except as provided by Subsection (c) or Sections |
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1001.081(c), (d), and (e), and unless otherwise dedicated by the |
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Texas Constitution, the following sources of revenue shall be |
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retained in the account established under Section 1001.081, and may |
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be appropriated only to the department: |
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(1) 10 percent of all fees, funds, penalties, or other |
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revenue collected or received by the department relating to motor |
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vehicle registration activities, other than fees collected under |
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Section 502.170 or 502.1705, provided that motor vehicle |
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registration fees dedicated by Section 7-a, Article VIII, Texas |
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Constitution, may be used only for the purposes prescribed by that |
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section; |
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(2) all fees, funds, penalties, or other revenue |
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collected or received by the department relating to: |
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(A) motor vehicle titling; |
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(B) license plates, including fees collected |
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under Section 502.170 or 502.1705; |
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(C) motor vehicle sales and distribution; |
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(D) motor carriers; |
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(E) household goods movers; or |
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(F) any other industry or function for which the |
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department may collect revenue; and |
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(3) any other revenue received by the department from |
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another source, including: |
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(A) donations; |
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(B) grants; |
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(C) loans; |
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(D) reimbursements; |
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(E) settlement or judgment payments; |
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(F) appropriations, including an appropriation |
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of revenue deposited in the account established under Section |
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1001.081; or |
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(G) payments or royalties for the sale, license, |
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or lease of an interest in department property. |
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(c) In the event of a conflict between this section and a |
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provision of law, including a final court order, relating to the |
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distribution of revenue, the other provision of law controls to the |
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extent that the other provision specifies a dollar or percentage |
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amount to which the department or another governmental entity or |
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agency is entitled. |
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(d) Following the determination of the amount to be retained |
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and deposited under Subsections (b) and (c), the remaining balance |
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shall be deposited to the credit of the account or fund authorized |
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by other applicable law. |
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(e) The comptroller shall submit to the Legislative Budget |
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Board a monthly report regarding the revenue collected by the |
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department under this section. The report must contain: |
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(1) an itemized accounting of the amounts deposited to |
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the credit of: |
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(A) the account established under Section |
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1001.081; and |
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(B) any other account or fund authorized by |
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applicable law; and |
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(2) a determination regarding the dedicated and |
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nondedicated amounts deposited to the credit of the state highway |
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fund. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2011. |
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(b) Section 1001.083, Transportation Code, as added by this |
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Act, takes effect September 1, 2013. |