Bill Text: TX HB3418 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the implementation by the Texas Department of Transportation of a vehicle mileage user fee pilot program and a task force to assist in developing and evaluating the program.
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-17 - Left pending in committee [HB3418 Detail]
Download: Texas-2023-HB3418-Engrossed.html
| 88R21654 JAM-F | ||
| By: Canales, Wilson | H.B. No. 3418 | |
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| relating to the implementation by the Texas Department of | ||
| Transportation of a vehicle mileage user fee pilot program and a | ||
| task force to assist in developing and evaluating the program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 201, Transportation Code, is amended by | ||
| adding Subchapter Z to read as follows: | ||
| SUBCHAPTER Z. VEHICLE MILEAGE USER FEE PILOT PROGRAM | ||
| Sec. 201.2101. DEFINITIONS. In this subchapter: | ||
| (1) "Motor fuel taxes" means the motor fuel taxes | ||
| imposed under Chapter 162, Tax Code. | ||
| (2) "Pilot program" means the vehicle mileage user fee | ||
| pilot program. | ||
| (3) "Task force" means the vehicle mileage user fee | ||
| task force. | ||
| Sec. 201.2102. TASK FORCE. (a) The vehicle mileage user | ||
| fee task force is established to guide the development and | ||
| evaluation of the vehicle mileage user fee pilot program to assess | ||
| the potential for mileage-based revenue as an alternative to the | ||
| current system of taxing highway use through motor fuel taxes. | ||
| (b) The task force shall consist of seven members appointed | ||
| as follows: | ||
| (1) one member appointed by the lieutenant governor; | ||
| (2) one member appointed by the speaker of the house of | ||
| representatives; | ||
| (3) one member appointed by the chair of the standing | ||
| committee of the house of representatives having primary | ||
| jurisdiction over transportation; | ||
| (4) one member appointed by the chair of the standing | ||
| committee of the senate having primary jurisdiction over | ||
| transportation; and | ||
| (5) three members that represent the trucking | ||
| industry, appointed by the governor. | ||
| (c) The task force shall: | ||
| (1) conduct at least three public hearings to gather | ||
| public comment on issues and concerns related to the pilot program; | ||
| (2) make recommendations to the department on the | ||
| design and on the criteria to be used to evaluate the pilot program | ||
| and other alternative approaches to motor fuel taxes; and | ||
| (3) evaluate the pilot program. | ||
| (d) In conducting hearings under Subsection (c)(1), the | ||
| task force shall: | ||
| (1) provide notice: | ||
| (A) in the manner provided by Chapter 551, | ||
| Government Code; and | ||
| (B) on the department's Internet website; and | ||
| (2) provide interested persons with an opportunity to | ||
| submit their opinions orally and in writing. | ||
| (e) The department may create and maintain an Internet | ||
| website to allow members of the public to submit comments | ||
| electronically. | ||
| (f) On request, the department shall assist the task force | ||
| in implementing this subchapter. | ||
| Sec. 201.2103. PILOT PROGRAM. (a) The department, in | ||
| consultation with the Texas Department of Motor Vehicles and the | ||
| Texas A&M Transportation Institute, shall develop and implement a | ||
| statewide pilot program to assess a user fee on owners of motor | ||
| vehicles that is based on the number of miles traveled on public | ||
| highways in this state by those vehicles. | ||
| (b) The pilot program must: | ||
| (1) include not more than 800 motor vehicles, the | ||
| mileage of which will be measured by a variety of | ||
| vehicle-mileage-counting strategies, including odometer readings, | ||
| administered in a manner the department considers appropriate; | ||
| (2) test the reliability, ease of use, cost, and | ||
| public acceptance of technology and methods for: | ||
| (A) counting the number of miles traveled by | ||
| motor vehicles; | ||
| (B) reporting the number of miles traveled by | ||
| particular vehicles; and | ||
| (C) collecting payments from participants in the | ||
| pilot program; | ||
| (3) analyze and evaluate the ability of different | ||
| technologies and methods to: | ||
| (A) protect the integrity of data collected and | ||
| reported; | ||
| (B) ensure operators' privacy; and | ||
| (C) vary pricing based on the time of driving and | ||
| type of public highway; and | ||
| (4) evaluate: | ||
| (A) the enforceability of the vehicle mileage | ||
| user fee and opportunities for operators to evade or manipulate the | ||
| fee; and | ||
| (B) the impact of the vehicle mileage user fee on | ||
| equity. | ||
| (c) The department shall ensure that participants in the | ||
| pilot program: | ||
| (1) are included only on a voluntary basis; and | ||
| (2) represent a variety of motor vehicle operators, | ||
| including operators of passenger vehicles, commercial motor | ||
| vehicles, and electric vehicles. | ||
| (d) The pilot program may not last less than one year. | ||
| Sec. 201.2104. COMPENSATION OF PARTICIPANTS. The | ||
| department by rule shall establish a process to ensure that | ||
| participants in the pilot program are not required to spend more on | ||
| fees or taxes associated with road usage than if they had not | ||
| participated in the program. A process adopted under this section | ||
| may include a refund of motor fuel taxes paid by the participant or | ||
| other compensation. | ||
| Sec. 201.2105. CONFIDENTIALITY OF INFORMATION. | ||
| Identifying information about participants in the pilot program is | ||
| confidential and is not subject to disclosure under Chapter 552, | ||
| Government Code. | ||
| Sec. 201.2106. REPORT. Not later than September 1, 2026, | ||
| the department shall submit to the legislature a report summarizing | ||
| the results of the pilot program, including: | ||
| (1) the feasibility of permanently assessing a vehicle | ||
| mileage user fee; | ||
| (2) an evaluation of the impacts of a vehicle mileage | ||
| user fee on the economy, the environment, and traffic congestion; | ||
| (3) a comparison to other alternative approaches or | ||
| supplements to motor fuel taxes; and | ||
| (4) the department's recommendations together with | ||
| suggested legislation necessary to implement the recommendations. | ||
| Sec. 201.2107. APPLICATION FOR FEDERAL FUNDING. The | ||
| department shall submit an application to the United States | ||
| Department of Transportation for funding in federal fiscal year | ||
| 2023 for the Surface Transportation System Funding Alternatives | ||
| Program established in the Fixing America's Surface Transportation | ||
| Act (Pub. L. No. 114-94) to help fund the pilot program. If the | ||
| application is not successful, the department shall apply in each | ||
| federal fiscal year in which grants are made available for | ||
| demonstration projects under this federal program or until the | ||
| application results in full or partial funding for a vehicle | ||
| mileage user fee pilot program, whichever first occurs. | ||
| Sec. 201.2108. EXPIRATION OF SUBCHAPTER. This subchapter | ||
| expires November 1, 2026. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
