BILL ANALYSIS

C.S.H.B. 1198

By: Raymond

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

There is a concern that certain counties do not currently have an option to impose an additional vehicle registration fee as a means of raising revenue for the county road and bridge fund. C.S.H.B. 1198 seeks to authorize an optional county fee for vehicle registration in certain counties.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Department of Motor Vehicles in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 1198 amends the Transportation Code to authorize the commissioners court of a county that is located on an international border and has a population of more than 60,000 and less than 300,000 by order to impose an additional vehicle registration fee, not to exceed $10, for the county's road and bridge fund. The bill prohibits such a fee from being imposed or increased unless approved by a majority of the voters of the county voting at an election called by the county judge for that purpose. The bill authorizes a vehicle that may be registered without payment of a registration fee to be registered in a county imposing the additional fee without payment of that fee. The bill authorizes the additional fee to take effect and be removed in accordance with statutory requirements applicable to all counties relating to an optional county fee for a county road and bridge fund. The bill requires the additional fee to be collected for a vehicle when other vehicle registration fees are collected; requires collected fee revenue to be sent to the county treasurer to be credited to the county road and bridge fund; and authorizes the additional fee to be collected in addition to other fees collected under statutory provisions applicable to all counties relating to an optional county fee for a county road and bridge fund. The bill requires the Texas Department of Motor Vehicles to adopt rules necessary to administer registration for a vehicle being registered in a county imposing a fee under the bill's provisions.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1198 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Subchapter H, Chapter 502, Transportation Code, is amended by adding Section 502.4011 to read as follows: Sec. 502.4011.  OPTIONAL COUNTY FEE FOR ROAD AND BRIDGE FUND IN CERTAIN COUNTIES.  (a)  This section applies only to a county that: (1)  is located on an international border; and (2)  has a population of more than 60,000 and less than 300,000. (b)  The commissioners court of a county by order may impose an additional fee, not to exceed $10, for registering a vehicle in the county. (c)  A vehicle that may be registered under this chapter without payment of a registration fee may be registered in a county imposing a fee under this section without payment of the additional fee. (d)  A fee imposed under this section may take effect and be removed in accordance with the requirements of Section 502.401. (e)  The additional fee shall be collected for a vehicle when other fees imposed under this chapter are collected.  The fee revenue collected shall be sent to the county treasurer to be credited to the county road and bridge fund. (f)  A fee imposed under this section may be collected in addition to a fee collected under Section 502.401. (g)  The department shall adopt rules necessary to administer registration for a vehicle being registered in a county imposing a fee under this section.	SECTION 1.  Subchapter H, Chapter 502, Transportation Code, is amended by adding Section 502.4011 to read as follows: Sec. 502.4011.  OPTIONAL COUNTY FEE FOR ROAD AND BRIDGE FUND IN CERTAIN COUNTIES.  (a)  This section applies only to a county that: (1)  is located on an international border; and (2)  has a population of more than 60,000 and less than 300,000. (b)  The commissioners court of a county by order may impose an additional fee, not to exceed $10, for registering a vehicle in the county.  A fee may not be imposed or increased under this section unless approved by a majority of the voters of the county voting at an election called by the county judge for that purpose. (c)  A vehicle that may be registered under this chapter without payment of a registration fee may be registered in a county imposing a fee under this section without payment of the additional fee. (d)  A fee imposed under this section may take effect and be removed in accordance with the requirements of Section 502.401, except that the fee may not be imposed or increased unless approved at an election held as provided by Subsection (b). (e)  The additional fee shall be collected for a vehicle when other fees imposed under this chapter are collected.  The fee revenue collected shall be sent to the county treasurer to be credited to the county road and bridge fund. (f)  A fee imposed under this section may be collected in addition to a fee collected under Section 502.401. (g)  The department shall adopt rules necessary to administer registration for a vehicle being registered in a county imposing a fee under this section.
SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.	SECTION 2. Same as introduced version.