HBA-MPA C.S.H.B. 2814 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2814 By: Seaman Transportation 5/3/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, in order to obtain state and federal funding for large transportation projects, many communities must contribute a local funding match. Though certain options presently exist to create local funding, some communities desire additional local funding options, especially for the construction of bridges and causeways in coastal counties. C.S.H.B. 2814 allows a coastal county to impose an additional fee, not to exceed $2, for registering a vehicle in the county to construct a causeway or bridge between the mainland and a barrier island. The fee expires when the commissioners court of the county determines that the cost of the causeway or bridge has been paid. This bill also amends current language in the Texas Tax Increment Financing Act under Chapter 311, Tax Code, to create an additional option to fund the construction of a bridge or causeway in a coastal county. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Transportation in SECTION 1 (Section 502.1725, Transportation Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 502, Transportation Code, by adding Section 502.1725, as follows: Sec. 502.1725. OPTIONAL COUNTY FEE FOR CERTAIN CAUSEWAYS OR BRIDGES. (a) Authorizes the commissioners court of a county that borders the Gulf of Mexico to impose an additional fee, not to exceed $2, for registering a vehicle in the county. (b) Authorizes a vehicle that may be registered without payment of a fee under this chapter to be registered in a county imposing a fee under this section without payment of the additional fee. (c) Authorizes a fee imposed under this section to take effect only on January 1 of a year. Provides that the county must adopt the order and notify the Texas Department of Transportation (TxDOT) no later than September 1 preceding the year when the fee takes effect. (d) Requires the county assessor-collector of a county imposing a fee under this section to collect the additional fee when other fees are collected. (e) Requires revenue from a fee imposed under this section to be deposited in a special fund in the county treasury that may only be used to pay for the costs of imposing the fee under this section and of construction, improvement, or maintenance of a causeway or bridge in the county between the mainland and a barrier island. (f) Authorizes the bridge or causeway to be owned by the county or TxDOT. (g) Provides that the fee imposed under this section expires when the commissioners court determines that the cost of the causeway or bridge project has been paid, and that the expiration takes effect on January 1 of the year following the commissioners court making that determination. Requires the commissioners court to notify TxDOT no later than December 1 of the year preceding the expiration. (h) Requires TxDOT to adopt rules and develop forms necessary to administer registration by mail for a vehicle being registered in a county imposing a fee under this section. (i) Provides that this section does not apply to a vehicle that, under this chapter, must be registered directly with TxDOT. SECTION 2. Amends Section 311.005(a), Tax Code, to provide that to be located on or adjacent to a barrier island on the Gulf of Mexico and primarily undeveloped or underdeveloped is among the criteria that an area must meet to be designated as a reinvestment zone. SECTION 3. Amends Section 311.006, Tax Code, by adding Subsection (f), to provide that Subsection (a) (concerning restrictions on the creation of reinvestment zones based on the percentage of residential use and the total appraised value of real property within the zone) does not apply to a reinvestment zone created under Section 311.005(a)(4) (Criteria for Reinvestment Zone). SECTION 4. Amends Section 311.008(a), Tax Code, to make a conforming change. SECTION 5. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2814 differs from the original bill in SECTION 1 (proposed Section 502.1725, Transportation Code), by removing proposed Subsection (e) of the original bill, which called for TxDOT to collect a fee imposed under this section and send it to the county treasurer. The substitute redesignates part of proposed Subsection (f) of the original bill as Subsection (e), and adds a provision which requires part of the fee imposed under this section to be used to pay the costs of imposing the fee. The part of proposed Subsection (f) authorizing the bridge or causeway to be owned by the county or TxDOT remains. The substitute adds a new Subsection (i), as follows: (i) Provides that this section does not apply to a vehicle that, under this chapter, must be registered directly with TxDOT.