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A BILL TO BE ENTITLED
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AN ACT
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relating to fees charged for the operation of certain commercial |
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motor vehicles on public highways; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 621, Transportation Code, is amended by |
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adding Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. FEES FOR HIGHWAY OPERATION OF CERTAIN COMMERCIAL |
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MOTOR VEHICLES |
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Sec. 621.361. DEFINITIONS. In this subchapter: |
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(1) "Highway" has the meaning assigned by Section |
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366.003. |
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(2) "Transportation department" means the Texas |
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Department of Transportation. |
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Sec. 621.362. APPLICABILITY. (a) This subchapter applies |
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only to a commercial motor vehicle operating on a highway in this |
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state: |
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(1) that is subject to the federal electronic logging |
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device requirements of 49 C.F.R. Part 395; or |
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(2) operating only in intrastate commerce that would |
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be subject to the federal electronic logging device requirements of |
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49 C.F.R. Part 395 if operating in interstate or international |
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commerce. |
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(b) The transportation department by rule may determine |
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whether this subchapter applies to a particular commercial motor |
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vehicle or type of commercial motor vehicle. |
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Sec. 621.363. PAVEMENT CONSUMPTION FEE IMPOSED. (a) A |
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pavement consumption fee is imposed on the operation of a |
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commercial motor vehicle to which this subchapter applies in the |
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amount equal to the reasonable cost to repair damage to the pavement |
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of a highway caused by the normal operation of the vehicle. |
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(b) The pavement consumption fee is due and payable to the |
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comptroller by the operator of a commercial motor vehicle quarterly |
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on or before the 25th day of the month following each calendar |
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quarter. |
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(c) The comptroller shall adopt rules necessary to |
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administer, collect, and enforce the highway repair fee, including |
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rules allowing for prepayment of estimated fees calculated by the |
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operator of a commercial motor vehicle under Section 621.368. |
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Sec. 621.364. OPERATOR TO COLLECT AND REMIT FEE. (a) |
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Except as provided by Subsection (b), the operator of a commercial |
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motor vehicle subject to the pavement consumption fee who operates |
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the vehicle in the performance of a service for a customer shall: |
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(1) add the amount of the estimated fee calculated by |
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the operator under Section 621.368 to the cost of the service and |
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collect the fee at the same time that the operator collects from the |
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customer the charge for the service performed; and |
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(2) remit the fee to the comptroller in accordance |
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with the rules adopted by the comptroller under this subchapter. |
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(b) The operator of a commercial motor vehicle subject to |
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the pavement consumption fee who operates the vehicle on the |
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operator's own behalf shall remit the fee to the comptroller in |
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accordance with the rules adopted by the comptroller under this |
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subchapter. |
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Sec. 621.365. PAVEMENT CONSUMPTION RATES. (a) The |
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transportation department, in consultation with the University of |
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Texas Center for Transportation Research and the Texas A&M |
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Transportation Institute, shall establish rates for the fee that |
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reflect the cost per mile to repair damage caused to the pavement of |
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each section of a specific highway by the normal operation of a |
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commercial motor vehicle subject to the pavement consumption fee. |
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(b) In determining the rates under Subsection (a), the |
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transportation department shall consider: |
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(1) the type of each section of a specific highway, |
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including the highway pavement material of each section; and |
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(2) the characteristics of commercial motor vehicles |
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normally operating on the section of the specific highway, |
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including the vehicles' weight and the number of axles of the |
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vehicles. |
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(c) To the maximum extent feasible, the transportation |
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department shall establish a rate under this section for each |
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section of a specific highway based on the characteristics of that |
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section. If a rate for a section of a highway cannot be |
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established, the transportation department may establish an |
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average rate for each county that applies to the sections of the |
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highway in that county. |
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(d) At least once every two years, the transportation |
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department shall review the rates established under this section |
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and update the rates as appropriate. |
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Sec. 621.366. ELECTRONIC LOGGING DEVICE; REPORT REQUIRED BY |
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OPERATOR. (a) The operator of a commercial motor vehicle subject |
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to the pavement consumption fee shall: |
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(1) install or cause to be installed on the vehicle an |
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electronic logging device, if a device is not already installed, |
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that complies with the requirements of 49 C.F.R. Part 395; and |
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(2) not later than the fifth day of the month following |
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each calendar quarter, report to the transportation department any |
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route traveled by the vehicle on a highway of this state during the |
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preceding month as recorded by the electronic device required under |
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Subdivision (1). |
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(b) A report required under Subsection (a) must include: |
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(1) the vehicle's weight; |
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(2) the number of axles of the vehicle; and |
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(3) any other information required by transportation |
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department rule to be included in the report. |
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Sec. 621.367. FEE CALCULATION SYSTEM; REPORT TO COMPTROLLER |
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AND OPERATOR OF COMMERCIAL MOTOR VEHICLE. (a) The transportation |
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department, in consultation with the University of Texas Center for |
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Transportation Research and the Texas A&M Transportation |
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Institute, shall develop a system to calculate the total amount of |
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the fee due for each reporting period from the operator of a |
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commercial motor vehicle subject to the pavement consumption fee. |
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(b) A system developed under this section shall calculate |
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the pavement consumption fee for each commercial motor vehicle |
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operating on a highway during each reporting period based on: |
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(1) the vehicle's route reported under Section |
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621.366; |
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(2) the pavement consumption rates established under |
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Section 621.365 for each section of each specific highway included |
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in the vehicle's route; and |
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(3) the vehicle's weight and the number of axles of the |
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vehicle. |
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(c) The transportation department shall: |
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(1) use the system developed under this section to |
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calculate the amount of the pavement consumption fee due quarterly |
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from each operator of a commercial motor vehicle who reports the |
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information required under Section 621.366; and |
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(2) notify the comptroller and operator of the actual |
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amount of the fee calculated for the preceding quarter not later |
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than the 15th day of each month following each calendar quarter. |
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Sec. 621.368. USE OF FEE CALCULATION SYSTEM BY OPERATOR TO |
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ESTIMATE AMOUNT OF FEE. (a) The system developed under Section |
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621.367 must allow the operator of a commercial motor vehicle |
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subject to the pavement consumption fee to: |
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(1) enter a proposed route for and characteristics of |
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the vehicle; and |
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(2) calculate an estimated pavement consumption fee |
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based on the information entered under Subdivision (1). |
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(b) The operator of a commercial motor vehicle shall use the |
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calculation of the estimated amount of a pavement consumption fee |
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to: |
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(1) collect the fee from a customer under Section |
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621.364(a); or |
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(2) prepay the fee to the comptroller in accordance |
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with rules adopted under Section 621.363(c) if the operator chooses |
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to prepay the fee. |
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(c) If an operator of a commercial motor vehicle chooses to |
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prepay the fee and, based on the calculation made by the |
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transportation department under Section 621.367, it is determined |
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that the operator prepaid an amount that exceeds the actual amount |
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due: |
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(1) the comptroller shall refund the overpaid fees to |
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the operator; and |
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(2) the operator shall refund the overpaid fees to the |
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customers from which the operator collected the fees under Section |
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621.364(a)(1), if any. |
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(d) If it is determined that an operator of a commercial |
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motor vehicle prepaid an amount that is less than the actual amount |
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due, the operator shall remit the amount due to the comptroller in |
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accordance with rules adopted by the comptroller under Section |
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621.363(c). |
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Sec. 621.369. RESPONSIBILITY FOR HIGHWAY MAINTENANCE. The |
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transportation department, in consultation with the University of |
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Texas Center for Transportation Research and the Texas A&M |
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Transportation Institute, shall determine the state agency or |
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political subdivision responsible for the maintenance of each |
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section of each highway: |
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(1) under the supervision of the state or a political |
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subdivision of the state; and |
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(2) on which a commercial motor vehicle subject to the |
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pavement consumption fee is operated. |
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Sec. 621.370. AGENCIES' AND POLITICAL SUBDIVISIONS' SHARE |
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OF FEE. (a) A state agency or political subdivision responsible |
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for the maintenance of a highway on which a commercial motor vehicle |
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subject to the pavement consumption fee is operated is entitled to a |
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share of the fee in an amount equal to the length in miles of any |
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route of the vehicle on a section of a specific highway maintained |
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by the state agency or political subdivision multiplied by the |
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pavement consumption rate established for the section of highway |
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under Section 621.365 for a vehicle of comparable weight and number |
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of axles. |
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(b) Not later than the 15th day of each month following each |
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calendar quarter, the transportation department shall report to the |
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comptroller the total amount of the pavement consumption fees |
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collected in the preceding calendar quarter to which each state |
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agency or political subdivision is entitled under Subsection (a). |
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(c) Not later than the 45th day following each calendar |
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quarter, the comptroller shall distribute the pavement consumption |
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fees collected in the preceding calendar quarter to each state |
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agency or political subdivision entitled to a share of a fee as |
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reported by the transportation department under Subsection (b). |
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Sec. 621.371. REGISTRATION AND PERMIT FEES. (a) |
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Notwithstanding any other provision of this code, a registration or |
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permit fee for a commercial motor vehicle subject to the pavement |
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consumption fee may not include any amount that is allocated to be |
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used for the maintenance of a highway by a state agency or political |
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subdivision. |
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(b) A state agency that charges a registration or permit fee |
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for a commercial motor vehicle subject to the pavement consumption |
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fee shall: |
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(1) determine whether any portion of the registration |
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or permit fee is allocated to be used for the maintenance of a |
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highway by a state agency or political subdivision; and |
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(2) adjust any registration or permit fee for a |
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commercial motor vehicle subject to the pavement consumption fee in |
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accordance with Subsection (a). |
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SECTION 2. Not later than September 1, 2020: |
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(1) the Texas Department of Transportation, in |
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consultation with the University of Texas Center for Transportation |
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Research and the Texas A&M Transportation Institute, shall develop |
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a system to calculate the pavement consumption fee in accordance |
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with Subchapter E-1, Chapter 621, Transportation Code, as added by |
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this Act; and |
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(2) the comptroller shall adopt rules necessary to |
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administer, collect, and enforce the pavement consumption fee. |
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SECTION 3. Section 621.371, Transportation Code, as added |
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by this Act, applies only to a registration or permit fee charged on |
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or after the effective date of this Act. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2020. |
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(b) Section 2 of this Act takes effect September 1, 2019. |