Bill Text: TX HB3413 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the property and funding of the Texas Department of Motor Vehicles.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-05-04 - Committee report sent to Calendars [HB3413 Detail]

Download: Texas-2011-HB3413-Introduced.html

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By: Darby H.B. No. 3413

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