88R5964 BEE-D
 
  By: Dean H.B. No. 2028
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to imposing a motor fuel tax recovery fee for the
  registration of an electric vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 502.198(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Sections 502.058, 502.060,
  502.1911, 502.192, 502.356, [and] 502.357, and 502.360 and
  Subchapter H, this section applies to all fees collected by a county
  assessor-collector under this chapter.
         SECTION 2.  Subchapter G, Chapter 502, Transportation Code,
  is amended by adding Section 502.360 to read as follows:
         Sec. 502.360.  MOTOR FUEL TAX RECOVERY FEE FOR ELECTRIC
  VEHICLES. (a) In this section, "electric vehicle" means a motor
  vehicle that draws propulsion energy only from a rechargeable
  energy storage system.
         (b)  In addition to other fees authorized under this chapter,
  at the time of application for registration or renewal of
  registration of an electric vehicle, the applicant shall pay a
  motor fuel tax recovery fee as established by department rule in
  accordance with this section.
         (c)  Not later than September 1 of every fifth year, the
  department by rule shall establish the amount of the motor fuel tax
  recovery fee in an amount of at least $300. In determining the
  amount of the fee, the department shall consider the average annual
  amount of taxes imposed under Chapter 162, Tax Code, that an owner
  of an electric vehicle would pay if the vehicle operated on gasoline
  or diesel fuel.
         (d)  The motor fuel tax recovery fee shall be collected for
  an electric vehicle when other fees authorized under this chapter
  are collected. The fee revenue collected must be remitted to the
  comptroller and allocated in the same manner the comptroller
  allocates gasoline tax revenues under Section 162.503, Tax Code,
  except as limited by Section 7-a, Article VIII, Texas Constitution.
         SECTION 3.  This Act takes effect September 1, 2023.