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A BILL TO BE ENTITLED
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AN ACT
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relating to optional fees on registration of vehicles in certain |
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counties to fund transportation projects; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.402(a), Transportation Code, as |
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amended by Chapters 1273 (H.B. 1198) and 1277 (H.B. 1573), Acts of |
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the 83rd Legislature, Regular Session, 2013, is reenacted to read |
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as follows: |
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(a) This section applies only to: |
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(1) a county that: |
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(A) borders the United Mexican States; and |
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(B) has a population of more than 250,000; and |
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(2) a county that has a population of more than 1.5 |
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million that is coterminous with a regional mobility authority. |
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SECTION 2. Subchapter H, Chapter 502, Transportation Code, |
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is amended by adding Section 502.406 to read as follows: |
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Sec. 502.406. OPTIONAL COUNTY FEE FOR PROJECTS OF REGIONAL |
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MOBILITY AUTHORITIES. (a) This section applies only to the most |
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populous county that is part of a regional mobility authority |
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created under Chapter 370 with at least two counties, at least one |
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of which has a population of more than one million. |
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(b) The commissioners court of a county by order may impose |
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an additional fee for a vehicle registered in the county. Except as |
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provided by Subsection (c), the fee may not exceed $10. |
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(c) The commissioners court of a county may increase the |
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additional fee to $20 adjusted annually to reflect the percentage |
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change during the preceding year in the construction cost index if |
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approved by a majority of the qualified voters of the county voting |
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on the issue at a referendum election, which the commissioners |
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court may order and hold for that purpose. The ballot language must |
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clearly state that the fee will increase annually in accordance |
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with the construction cost index. For purposes of this subsection, |
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the "construction cost index" means the most recent construction |
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cost index published by Engineering News-Record as a measure of |
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inflation or, if the construction cost index is not published, |
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another similar index chosen by the commissioners court. |
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(d) A vehicle that may be registered under this chapter |
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without payment of a registration fee may be registered under this |
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section without payment of the additional fee. |
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(e) A fee imposed under this section may take effect and be |
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removed in accordance with the requirements of Section 502.401. |
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(f) The additional fee shall be collected for a vehicle when |
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other fees imposed under this chapter are collected. The fee |
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revenue collected shall be sent to the regional mobility authority |
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in which the county is located to fund transportation projects that |
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are consistent with the purposes specified by Section 7-a, Article |
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VIII, Texas Constitution. Notwithstanding Section 370.251(i), |
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before a county may impose a fee under this section, a regional |
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mobility authority which is to receive fees from a county pursuant |
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to this section must enter into an agreement with the county that |
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identifies, or provides a process for identifying, transportation |
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projects which will be funded by fee revenue. The agreement must be |
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approved by the county commissioners court, the board of directors |
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of the regional mobility authority, and a majority of the board |
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members of the regional mobility authority who were appointed by |
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the county which adopted or approved the fee. |
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(g) Additional fees adopted by a county pursuant to this |
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section may only be used by the regional mobility authority for |
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projects located in the unincorporated and incorporated portions of |
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the county that adopted the fee, unless, in the agreement required |
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by Subsection (f), the county commissioners court and the regional |
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mobility authority make findings that: |
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(1) a project located wholly or partly within another |
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county will improve the safety and mobility of residents located |
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within the county that adopted the fee; and |
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(2) the development of the transportation project will |
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serve a public purpose. |
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(h) The department shall adopt rules necessary to |
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administer registration for a vehicle being registered in a county |
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imposing a fee under this section. |
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SECTION 3. This Act takes effect September 1, 2015. |