87R2896 BEE-D     By: Wilson H.B. No. 1651       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)  "Department" means the Texas Department of   Transportation.                (2)  "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.                (3)  "Highway" has the meaning assigned by Section   366.003, Transportation Code.          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)  if 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)  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 develop a prototype of any software   required for a system developed under Subsection (b)(1) of this   section.          (d)  Not later than November 1, 2022, 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, 2023.          SECTION 4.  EFFECTIVE DATE. This Act takes effect September   1, 2021.