Bill Text: TX HB3469 | 2019-2020 | 86th Legislature | Engrossed

Texas House Bill 3469 (Prior Session Legislation)

Bill Title: Relating to a study by the Texas Department of Transportation on the feasibility of charging a pavement consumption fee for the operation of certain motor vehicles on public highways.

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed - Dead) 2019-05-10 - Received from the House [HB3469 Detail]

Download: Texas-2019-HB3469-Engrossed.html



	By: Wilson	H.B. No. 3469



	A BILL TO BE ENTITLED
	AN ACT
	relating to a study by the Texas Department of Transportation on the
	feasibility of charging a pavement consumption fee for the
	operation of certain motor vehicles on public highways.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. DEFINITIONS. In this Act:
	(1) "Governmental entity" means:
	(A) a board, commission, department, office, or
	other agency in the executive branch of state government; or
	(B) a political subdivision of this state.
	(2) "Highway" has the meaning assigned by Section
	366.003, Transportation Code.
	(3) "Department" means the Texas Department of
	Transportation.
	SECTION 2. STUDY AND REPORT; PROTOTYPE SOFTWARE. (a) The
	department, in consultation with The University of Texas Center for
	Transportation Research and the Texas A&M Transportation
	Institute, shall conduct a study on the feasibility of:
	(1) charging a pavement consumption fee in the amount
	of the reasonable cost to repair damage to the pavement of a highway
	caused by the normal operation of a vehicle operating on a highway
	in this state:
	(A) that is subject to the federal electronic
	logging device requirements of 49 C.F.R. Part 395; or
	(B) operating only in intrastate commerce that
	would be subject to the federal electronic logging device
	requirements of 49 C.F.R. Part 395 if operating in interstate or
	international commerce; and
	(2) adjusting or eliminating registration or permit
	fees that are wholly or partly used for the maintenance of a highway
	by a governmental entity and imposed on commercial motor vehicles
	subject to the pavement consumption fee.
	(b) In conducting the study, the department shall:
	(1) in consultation with trucking industry
	representatives, develop a system to:
	(A) determine the governmental entity
	responsible for the maintenance of each section of a highway on
	which a commercial motor vehicle subject to the pavement
	consumption fee is operated;
	(B) establish rates for the pavement consumption
	fee that reflect the cost per mile to repair damage to the pavement
	of each section of highway caused by the normal operation of a
	commercial motor vehicle subject to the fee; and
	(C) calculate the total amount of the fee due for
	a reporting period from the operator of a commercial motor vehicle
	subject to the pavement consumption fee;
	(2) recommend rules to:
	(A) administer, collect, and enforce the
	pavement consumption fee; and
	(B) distribute the fee to the governmental entity
	responsible for maintaining a section of a highway on which a
	commercial motor vehicle subject to the pavement consumption fee is
	operated; and
	(3) identify any registration or permit fee that is
	wholly or partly used for the maintenance of a highway by a
	governmental entity and imposed on a commercial motor vehicle
	subject to the pavement consumption fee.
	(c) The department shall, in consultation with trucking
	industry representatives, develop a prototype of any software
	required for a system developed under Subsection (b)(1).
	(d) Not later than November 1, 2020, the department shall
	submit to the governor, the lieutenant governor, and the
	legislature a written report on the findings of the study. The
	report must include recommendations for policy and statutory
	changes, including any proposed legislation, that are based on the
	results of the study.
	SECTION 3. EXPIRATION. This Act expires May 1, 2020.
	SECTION 4. EFFECTIVE DATE. This Act takes effect September
	1, 2019.