H.B. No. 2202
 
 
 
 
AN ACT
  relating to the disposition of fees collected by or on behalf of the
  Texas Department of Motor Vehicles; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 232.014(b), Family Code, is amended to
  read as follows:
         (b)  A fee collected by the Texas Department of Motor
  Vehicles shall be deposited to the credit of the Texas Department of
  Motor Vehicles fund. A fee collected by [or] the Department of
  Public Safety shall be deposited to the credit of the state highway
  fund.
         SECTION 2.  Section 348.005, Finance Code, is amended to
  read as follows:
         Sec. 348.005.  ITEMIZED CHARGE. An amount in a retail
  installment contract is an itemized charge if the amount is not
  included in the cash price and is the amount of:
               (1)  fees for registration, certificate of title, and
  license and any additional registration fees charged by a [full
  service] deputy as authorized by rules adopted under Section
  520.0071 [502.114], Transportation Code;
               (2)  any taxes;
               (3)  fees or charges prescribed by law and connected
  with the sale or inspection of the motor vehicle; and
               (4)  charges authorized for insurance, service
  contracts, warranties, or a debt cancellation agreement by
  Subchapter C.
         SECTION 3.  Section 353.006, Finance Code, is amended to
  read as follows:
         Sec. 353.006.  ITEMIZED CHARGE.  An amount in a retail
  installment contract is an itemized charge if the amount is not
  included in the cash price and is the amount of:
               (1)  fees for registration, certificate of title, and
  license and any additional registration fees charged by a [full
  service] deputy as authorized by rules adopted under Section
  520.0071 [502.114], Transportation Code;
               (2)  any taxes;
               (3)  fees or charges prescribed by law and connected
  with the sale or inspection of the commercial vehicle;
               (4)  charges authorized for insurance, service
  contracts, and warranties by Subchapter C; and
               (5)  advances or payments authorized under Section
  353.402(b) or (c) made by the retail seller to or for the benefit of
  the retail buyer.
         SECTION 4.  Section 2301.156, Occupations Code, is amended
  to read as follows:
         Sec. 2301.156.  DEPOSIT OF REVENUE. Notwithstanding any
  other law to the contrary, all money collected by the board under
  this chapter shall be deposited in the state treasury to the credit
  of the Texas Department of Motor Vehicles [state highway] fund.
         SECTION 5.  Section 2301.801(c), Occupations Code, is
  amended to read as follows:
         (c)  Notwithstanding any other law to the contrary, a civil
  penalty recovered under this chapter shall be deposited in the
  state treasury to the credit of the Texas Department of Motor
  Vehicles [state highway] fund.
         SECTION 6.  Section 501.0234(b), Transportation Code, is
  amended to read as follows:
         (b)  This section does not apply to a motor vehicle:
               (1)  that has been declared a total loss by an insurance
  company in the settlement or adjustment of a claim;
               (2)  for which the title has been surrendered in
  exchange for:
                     (A)  a salvage vehicle title or salvage record of
  title issued under this chapter;
                     (B)  a nonrepairable vehicle title or
  nonrepairable vehicle record of title issued under this chapter or
  Subchapter D, Chapter 683; or
                     (C)  an ownership document issued by another state
  that is comparable to a document described by Paragraph (A) or (B);
               (3)  with a gross weight in excess of 11,000 pounds; or
               (4)  purchased by a commercial fleet buyer who:
                     (A)  is a [full-service] deputy authorized by
  rules adopted under Section 520.0071;
                     (B)  [520.008 and who] utilizes the dealer title
  application process developed to provide a method to submit title
  transactions to the county in which the commercial fleet buyer is a
  [full-service] deputy; and
                     (C)  has authority to accept an application for
  registration and application for title transfer that the county
  assessor-collector may accept.
         SECTION 7.  Section 501.033(c), Transportation Code, is
  amended to read as follows:
         (c)  A fee of $2 must accompany each application under this
  section to be deposited in the Texas Department of Motor Vehicles
  [state highway] fund.
         SECTION 8.  Section 501.076(c), Transportation Code, is
  amended to read as follows:
         (c)  The person named as the agent in the limited power of
  attorney must meet the following requirements:
               (1)  the person may be a person who has been deputized 
  [appointed by the commissioners court as a deputy] to perform
  vehicle registration functions as authorized by rules adopted under
  Section 520.0071 [520.0091], a licensed vehicle auction company
  holding a wholesale general distinguishing number under Section
  503.022, a person who has a permit similar to one of the foregoing
  that is issued by the state in which the owner is located, or
  another person authorized by law to execute title documents in the
  state in which the owner executes the documents; and
               (2)  the person may not be the transferee or an employee
  of the transferee. The person may not act as the agent of both the
  transferor and transferee in the transaction. For the purposes of
  this section, a person is not the agent of both the transferor and
  transferee in a transaction unless the person has the authority to
  sign the documents pertaining to the transfer of title on behalf of
  both the transferor and the transferee.
         SECTION 9.  Section 501.097(d), Transportation Code, is
  amended to read as follows:
         (d)  The fee collected under Subsection (a)(1) shall be
  credited to the Texas Department of Motor Vehicles [state highway]
  fund to defray the costs of administering this subchapter and the
  costs to the department for issuing the title.
         SECTION 10.  Section 501.134(a), Transportation Code, is
  amended to read as follows:
         (a)  If a printed title is lost or destroyed, the owner or
  lienholder disclosed on the title may obtain, in the manner
  provided by this section and department rule, a certified copy of
  the lost or destroyed title directly from the department by
  applying in a manner prescribed by the department and paying a fee
  of $2. A fee collected under this subsection shall be deposited to
  the credit of the Texas Department of Motor Vehicles [state
  highway] fund and may be spent only as provided by Section 501.138.
         SECTION 11.  Sections 501.138(b-2) and (c), Transportation
  Code, are amended to read as follows:
         (b-2)  The comptroller shall establish a record of the amount
  of the fees deposited to the credit of the Texas Mobility Fund under
  Subsection (b-1).  On or before the fifth workday of each month,
  the Texas Department of Transportation [department] shall remit to
  the comptroller for deposit to the credit of the Texas emissions
  reduction plan fund an amount of money equal to the amount of the
  fees deposited by the comptroller to the credit of the Texas
  Mobility Fund under Subsection (b-1) in the preceding month.  The
  Texas Department of Transportation [department] shall use for
  remittance to the comptroller as required by this subsection money
  in the state highway fund that is not required to be used for a
  purpose specified by Section 7-a, Article VIII, Texas Constitution,
  and may not use for that remittance money received by this state
  under the congestion mitigation and air quality improvement program
  established under 23 U.S.C. Section 149.
         (c)  Of the amount received under Subsection (b)(2), the
  department shall deposit:
               (1)  $5 in the general revenue fund; and
               (2)  $3 to the credit of the Texas Department of Motor
  Vehicles [state highway] fund to recover the expenses necessary to
  administer this chapter.
         SECTION 12.  Section 501.148(b), Transportation Code, is
  amended to read as follows:
         (b)  The county assessor-collector shall report and remit
  the balance of the fees collected to the department on Monday of
  each week as other fees are required to be reported and remitted.
  The department shall deposit the remitted fees in the state
  treasury to the credit of the Texas Department of Motor Vehicles
  fund.
         SECTION 13.  Section 501.178, Transportation Code, is
  amended to read as follows:
         Sec. 501.178.  DISPOSITION OF FEES.  All fees collected
  under this subchapter shall be deposited to the credit of the Texas
  Department of Motor Vehicles [state highway] fund.
         SECTION 14.  Section 502.058, Transportation Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  A fee collected by the department under Subsection (a)
  shall be deposited to the credit of the Texas Department of Motor
  Vehicles fund.
         SECTION 15.  Section 502.060, Transportation Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  The portion of the fee sent to the department under
  Subsection (d) shall be deposited to the credit of the Texas
  Department of Motor Vehicles fund.
         SECTION 16.  Section 502.094(h), Transportation Code, is
  amended to read as follows:
         (h)  The department may establish one or more escrow accounts
  in the Texas Department of Motor Vehicles [state highway] fund for
  the prepayment of a 72-hour permit or a 144-hour permit.  Any fee
  established by the department for the administration of this
  subsection shall be administered as required by an agreement
  entered into by the department.
         SECTION 17.  Section 502.146(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall issue specialty license plates to a
  vehicle described by Subsection (b) or (c).  The fee for the license
  plates is $5 and shall be deposited to the credit of the Texas
  Department of Motor Vehicles fund.
         SECTION 18.  Section 502.191, Transportation Code, is
  amended by adding Subsection (f) to read as follows:
         (f)  The department may not collect a fee under Subsection
  (c) or (d) if the department collects a fee under Section 502.1911.
         SECTION 19.  Subchapter E, Chapter 502, Transportation Code,
  is amended by adding Section 502.1911 to read as follows:
         Sec. 502.1911.  REGISTRATION PROCESSING AND HANDLING FEE.
  (a) The department may collect a fee, in addition to other
  registration fees for the issuance of a license plate, a set of
  license plates, or another device used as the registration
  insignia, to cover the expenses of collecting those registration
  fees, including a service charge for registration by mail.
         (b)  The board by rule shall set the fee in an amount that:
               (1)  includes the fee established under Section
  502.356(a); and
               (2)  is sufficient to cover the expenses associated
  with collecting registration fees by:
                     (A)  the department;
                     (B)  a county tax assessor-collector;
                     (C)  a private entity with which a county tax
  assessor-collector contracts under Section 502.197; or
                     (D)  a deputy assessor-collector that is
  deputized in accordance with board rule under Section 520.0071.
         (c)  The county tax assessor-collector, a private entity
  with which a county tax assessor-collector contracts under Section
  502.197, or a deputy assessor-collector may retain a portion of the
  fee collected under Subsection (b) as provided by board rule.  
  Remaining amounts collected under this section shall be deposited
  to the credit of the Texas Department of Motor Vehicles fund.
         SECTION 20.  Section 502.192, Transportation Code, is
  amended to read as follows:
         Sec. 502.192.  TRANSFER FEE. The purchaser of a used motor
  vehicle shall pay, in addition to any fee required under Chapter 501
  for the transfer of title, a transfer fee of $2.50 for the transfer
  of the registration of the motor vehicle.  The county
  assessor-collector may retain as commission for services provided
  under this subchapter half of each transfer fee collected. The
  portion of each transfer fee not retained by the county
  assessor-collector shall be deposited to the credit of the Texas
  Department of Motor Vehicles fund.
         SECTION 21.  Sections 502.197(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  A county assessor-collector may retain [collect] a
  service charge in the amount determined by the board under Section
  502.1911 [of $1] from each applicant registering a vehicle by
  mail.  The service charge shall be used to pay the costs of handling
  and postage to mail the registration receipt and insignia to the
  applicant.
         (b)  With the approval of the commissioners court of a
  county, a county assessor-collector may contract with a private
  entity to enable an applicant for registration to use an electronic
  off-premises location.  A private entity may retain an amount
  determined by the board under Section 502.1911 [charge an applicant
  not more than $1] for the service provided.
         SECTION 22.  Sections 502.198(a), (c), and (d),
  Transportation Code, are amended to read as follows:
         (a)  Except as provided by Sections 502.058, 502.060,
  502.1911, 502.192, [502.1982] and 502.357, this section applies to
  all fees collected by a county assessor-collector under this
  chapter.
         (c)  After the credits to the county road and bridge fund
  equal the total computed under Subsection (b), each Monday the
  county assessor-collector shall:
               (1)  credit to the county road and bridge fund an amount
  equal to 50 percent of the net collections made during the preceding
  week, until the amount so credited for the calendar year equals
  $125,000; and
               (2)  send to the department an amount equal to 50
  percent of those collections for deposit to the credit of the state
  highway fund.
         (d)  After the credits to the county road and bridge fund
  equal the total amounts computed under Subsections (b) and (c)(1),
  each Monday the county assessor-collector shall send to the
  department all collections made during the preceding week for
  deposit to the credit of the state highway fund.
         SECTION 23.  Section 502.1983(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Section [Sections 502.1982 and]
  502.357, a county assessor-collector may:
               (1)  deposit the fees in an interest-bearing account or
  certificate in the county depository; and
               (2)  send the fees to the department not later than the
  34th day after the date the fees are due under Section 502.357.
         SECTION 24.  Section 502.1984(a), Transportation Code, is
  amended to read as follows:
         (a)  A fee required to be sent to the department under this
  chapter bears interest for the benefit of the state highway fund or
  the Texas Department of Motor Vehicles fund, as applicable, at an
  annual rate of 10 percent beginning on the 60th day after the date
  the county assessor-collector collects the fee.
         SECTION 25.  Section 502.1985(a), Transportation Code, is
  amended to read as follows:
         (a)  Money credited to the county road and bridge fund under
  Section 502.198 [or 502.1982] may not be used to pay the
  compensation of the county judge or a county commissioner.  The
  money may be used only for the construction and maintenance of
  lateral roads in the county, under the supervision of the county
  engineer.
         SECTION 26.  Section 502.356, Transportation Code, is
  amended to read as follows:
         Sec. 502.356.  AUTOMATED REGISTRATION AND TITLING SYSTEM.
  (a)  In addition to other registration fees for a license plate or
  set of license plates or other device used as the registration
  insignia, the board by rule shall adopt a fee of not less than 50
  cents and not more than $1.  The fee shall be collected and
  deposited into a subaccount in the Texas Department of Motor
  Vehicles fund.
         (b)  The department may use money collected under this
  section to provide for or enhance the automation of and the
  necessary infrastructure for:
               (1)  [automated] on-premises and off-premises
  registration and permitting, including permitting under Subtitle
  E; [and]
               (2)  services related to the titling of vehicles; and
               (3)  licensing and enforcement procedures.
         SECTION 27.  Section 502.405(c), Transportation Code, is
  amended to read as follows:
         (c)  Three percent of all money collected under this section
  shall be credited to the Texas Department of Motor Vehicles fund and
  may be appropriated only to the department to administer this
  section.
         SECTION 28.  Section 503.007(d), Transportation Code, is
  amended to read as follows:
         (d)  A fee collected under this section shall be deposited to
  the credit of the Texas Department of Motor Vehicles [state
  highway] fund.
         SECTION 29.  Section 503.008(d), Transportation Code, is
  amended to read as follows:
         (d)  A fee collected under this section shall be deposited to
  the credit of the Texas Department of Motor Vehicles [state
  highway] fund.
         SECTION 30.  Section 503.012, Transportation Code, is
  amended to read as follows:
         Sec. 503.012.  COLLECTED MONEY. Section 403.095, Government
  Code, does not apply to money received by the department and
  deposited to the credit of the Texas Department of Motor Vehicles
  [state highway] fund in accordance with this chapter.
         SECTION 31.  Section 503.0615(f), Transportation Code, is
  amended to read as follows:
         (f)  Of each fee collected by the department under this
  section:
               (1)  $1.25 shall be deposited to the credit of the Texas
  Department of Motor Vehicles [state highway] fund to defray the
  cost of administering this section; and
               (2)  the remainder shall be deposited to the credit of
  the general revenue fund.
         SECTION 32.  Section 503.0618, Transportation Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  A fee collected under this section shall be deposited to
  the credit of the Texas Department of Motor Vehicles fund.
         SECTION 33.  Section 503.063(g), Transportation Code, is
  amended to read as follows:
         (g)  For each buyer's temporary tag, a dealer shall charge
  the buyer a registration fee of not more than $5 as prescribed by
  the department to be sent to the comptroller for deposit to the
  credit of the Texas Department of Motor Vehicles [state highway]
  fund.
         SECTION 34.  Section 503.065, Transportation Code, is
  amended by adding Subsection (f) to read as follows:
         (f)  A fee collected under this section shall be deposited to
  the credit of the Texas Department of Motor Vehicles fund.
         SECTION 35.  Section 504.002, Transportation Code, is
  amended to read as follows:
         Sec. 504.002.  GENERAL PROVISIONS.  Unless expressly
  provided by this chapter or by department rule:
               (1)  except for license plates specified as exempt, the
  fee for issuance of a license plate, including replacement plates,
  is in addition to each other fee that is paid for at the time of the
  registration of the motor vehicle and shall be deposited to the
  credit of the Texas Department of Motor Vehicles [state highway]
  fund;
               (2)  if the registration period is greater than 12
  months, the expiration date of a specialty license plate, symbol,
  tab, or other device shall be aligned with the registration period,
  and the specialty plate fee shall be adjusted pro rata, except that
  if the statutory annual fee for a specialty license plate is $5 or
  less, it may not be prorated;
               (3)  the department is the exclusive owner of the
  design of each license plate;
               (4)  if a license plate is lost, stolen, or mutilated,
  an application for a replacement plate must be accompanied by the
  fee prescribed by Section 502.060; and
               (5)  the department shall prepare the designs and
  specifications of license plates.
         SECTION 36.  Section 504.007(c), Transportation Code, is
  amended to read as follows:
         (c)  A county assessor-collector shall retain $2.50 of each
  fee collected under this section and forward the remainder of the
  fee to the department for deposit to the credit of the Texas
  Department of Motor Vehicles fund.
         SECTION 37.  Sections 504.009(b) and (c), Transportation
  Code, are amended to read as follows:
         (b)  The fee for a single souvenir license plate is $20. The
  fee shall be deposited to the credit of the Texas Department of
  Motor Vehicles [state highway] fund unless the souvenir license
  plate is a replica of a specialty license plate issued under
  Subchapter G or I for which the fee is deposited to an account other
  than the Texas Department of Motor Vehicles [state highway] fund,
  in which case:
               (1)  $10 of the fee for the souvenir license plate shall
  be deposited to the credit of the designated account; and
               (2)  $10 of the fee for the souvenir license plate shall
  be deposited to the credit of the Texas Department of Motor Vehicles
  [state highway] fund.
         (c)  If a souvenir license plate issued before November 19,
  2009, is personalized, the fee for the plate is $40.  Of the fee:
               (1)  $20 shall be deposited to the credit of the Texas
  Department of Motor Vehicles [state highway] fund;
               (2)  $10 shall be deposited to the credit of the
  designated account if the souvenir license plate is a replica of a
  specialty license plate issued under Subchapter G or I for which the
  fee is deposited to a designated account other than the Texas
  Department of Motor Vehicles [state highway] fund; and
               (3)  the remainder shall be deposited to the credit of
  the general revenue fund.
         SECTION 38.  Section 504.647(b), Transportation Code, is
  amended to read as follows:
         (b)  The fee shall be deposited to the credit of the Texas
  Department of Motor Vehicles [state highway] fund.
         SECTION 39.  Section 504.801(e), Transportation Code, is
  amended to read as follows:
         (e)  For each fee collected for a license plate issued by the
  department under this section:
               (1)  $8 shall be used to reimburse the department for
  its administrative costs; and
               (2)  the remainder shall be deposited to the credit of:
                     (A)  the specialty license plate fund, which is an
  account in the general revenue fund, if the sponsor nominated a
  state agency to receive the funds; or
                     (B)  the Texas Department of Motor Vehicles [state
  highway] fund if the sponsor did not nominate a state agency to
  receive the funds or if there is no sponsor.
         SECTION 40.  Section 504.851(j), Transportation Code, is
  amended to read as follows:
         (j)  From amounts received by the department under the
  contract described by Subsection (a), the department shall deposit
  to the credit of the Texas Department of Motor Vehicles [state
  highway] fund an amount sufficient to enable the department to
  recover its administrative costs for all license plates issued
  under this section, any payments to the vendor under the contract,
  and any other amounts allocated by law to the Texas Department of
  Motor Vehicles [state highway] fund.  To the extent that the
  disposition of other amounts received by the department is governed
  by another law, those amounts shall be deposited in accordance with
  the other law.  Any additional amount received by the department
  under the contract shall be deposited to the credit of the general
  revenue fund.
         SECTION 41.  Section 520.001, Transportation Code, is
  amended to read as follows:
         Sec. 520.001.  DEFINITIONS [DEFINITION]. In this chapter:
               (1)  "Board" means the board of the Texas Department of
  Motor Vehicles.
               (2)  "Department"[, "department"] means the Texas
  Department of Motor Vehicles.
         SECTION 42.  Section 520.005(c), Transportation Code, is
  amended to read as follows:
         (c)  Notwithstanding the requirements of Section 520.0071
  [Sections 520.008 and 520.0091], the assessor-collector may
  license franchised and non-franchised motor vehicle dealers to
  title and register motor vehicles in accordance with rules adopted
  under Section 520.004.  The county assessor-collector may pay a fee
  to a motor vehicle dealer independent of or as part of the portion
  of the fees that would be collected by the county for each title and
  registration receipt issued.
         SECTION 43.  Section 520.006(a), Transportation Code, is
  amended to read as follows:
         (a)  A county assessor-collector shall retain an amount
  determined by the board under Section 502.1911 [receive a fee of
  $1.90] for each receipt issued under Chapter 502.
         SECTION 44.  Subchapter A, Chapter 520, Transportation Code,
  is amended by adding Section 520.0071 to read as follows:
         Sec. 520.0071.  DEPUTIES. (a) The board by rule shall
  prescribe:
               (1)  the classification types of deputies performing
  titling and registration duties;
               (2)  the duties and obligations of deputies;
               (3)  the type and amount of any bonds that may be
  required by a county assessor-collector for a deputy to perform
  titling and registration duties; and
               (4)  the fees that may be charged or retained by
  deputies.
         (b)  A county assessor-collector, with the approval of the
  commissioners court of the county, may deputize an individual or
  business entity to perform titling and registration services in
  accordance with rules adopted under Subsection (a).
         SECTION 45.  Section 520.0093(e), Transportation Code, is
  amended to read as follows:
         (e)  Under the agreement, the department shall charge an
  amount not less than the amount of the cost to the department to
  provide the additional equipment and any related services under the
  lease.  All money collected under the lease shall be deposited to
  the credit of the Texas Department of Motor Vehicles [state
  highway] fund.
         SECTION 46.  Section 520.016(c), Transportation Code, is
  amended to read as follows:
         (c)  This section does not apply to a violation of Section
  520.006 or a rule adopted under Section 520.0071[, 520.008,
  520.009, 520.0091, or 520.0092].
         SECTION 47.  Sections 621.351(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  The department may establish one or more escrow accounts
  in the Texas Department of Motor Vehicles [state highway] fund for
  the prepayment of a fee for a permit issued by the department that
  authorizes the operation of a vehicle and its load or a combination
  of vehicles and load exceeding size or weight limitations.
         (c)  The department shall deposit each fee established under
  this section to the credit of the Texas Department of Motor Vehicles
  [state highway] fund. The fees may be appropriated only to the
  department for purposes of administering this section.
         SECTION 48.  Section 621.352(a), Transportation Code, is
  amended to read as follows:
         (a)  The board by rule may establish fees for the
  administration of Section 621.003 in an amount that, when added to
  the other fees collected by the department, does not exceed the
  amount sufficient to recover the actual cost to the department of
  administering that section.  An administrative fee collected under
  this section shall be sent to the comptroller for deposit to the
  credit of the Texas Department of Motor Vehicles [state highway]
  fund and may be appropriated only to the department for the
  administration of Section 621.003.
         SECTION 49.  Section 621.353(a), Transportation Code, is
  amended to read as follows:
         (a)  The comptroller shall send $50 of each base fee
  collected under Section 623.011 for an excess weight permit to the
  counties of the state, with each county receiving an amount
  determined according to the ratio of the total number of miles of
  county roads maintained by the county to the total number of miles
  of county roads maintained by all of the counties of this
  state.  The comptroller shall deposit $40 of each base fee, plus
  each fee collected under Section 623.0112, to the credit of the
  Texas Department of Motor Vehicles [state highway] fund.  Money
  deposited to the credit of that fund under this subsection may be
  appropriated only to the department to administer this section and
  Sections 623.011, 623.0111, and 623.0112.
         SECTION 50.  Section 621.354, Transportation Code, is
  amended to read as follows:
         Sec. 621.354.  DISPOSITION OF FEES FOR PERMIT FOR MOVEMENT
  OF CYLINDRICAL HAY BALES. Of each fee collected under Section
  623.017, the [The] department shall deposit:
               (1)  90 percent [each fee collected under Section
  623.017] in the state treasury to the credit of the state highway
  fund; and
               (2)  10 percent in the state treasury to the credit of
  the Texas Department of Motor Vehicles fund.
         SECTION 51.  Section 623.0111(c), Transportation Code, is
  amended to read as follows:
         (c)  Of the fees collected under Subsection (a), the
  following amounts shall be deposited to the general revenue fund,
  90 percent of [and] the remainder shall be deposited to the credit
  of the state highway fund, and 10 percent of the remainder shall be
  deposited to the credit of the Texas Department of Motor Vehicles
  fund:
 
Number of Counties Designated Amount Allocated to General Revenue Fund
 
Number of Counties Designated Amount Allocated to General Revenue Fund
 
    1-5     $125
 
    6-20     $125
 
    21-40     $345
 
    41-60     $565
 
    61-80     $785
 
    81-100     $900
 
    101-254     $1,000
         SECTION 52.  Sections 623.014(c) and (d), Transportation
  Code, are amended to read as follows:
         (c)  The department shall issue the prorated credit if the
  person:
               (1)  pays the fee adopted by the board [department];
  and
               (2)  provides the department with:
                     (A)  the original permit; or
                     (B)  if the original permit does not exist,
  written evidence in a form approved by the department that the
  vehicle has been destroyed or is permanently inoperable.
         (d)  The fee adopted by the board [department] under
  Subsection (c)(1) may not exceed the cost of issuing the credit. A
  fee collected by the department under Subsection (c)(1) shall be
  deposited to the credit of the Texas Department of Motor Vehicles
  fund.
         SECTION 53.  Sections 623.0711(g) and (h), Transportation
  Code, are amended to read as follows:
         (g)  An application for a permit under this section must be
  accompanied by the permit fee established by the department, in
  consultation with the commission, for the permit, not to exceed
  $9,000. The department shall send each fee to the comptroller, who
  shall [for] deposit:
               (1)  90 percent of the fee to the credit of the state
  highway fund; and
               (2)  10 percent of the fee to the credit of the Texas
  Department of Motor Vehicles fund.
         (h)  In addition to the fee established under Subsection (g),
  the commission rules must authorize the department to collect a
  consolidated permit payment for a permit under this section in an
  amount not to exceed 15 percent of the fee established under
  Subsection (g), of which:
               (1)  90 percent shall [to] be deposited to the credit of
  the state highway fund; and
               (2)  10 percent shall be deposited to the credit of the
  Texas Department of Motor Vehicles fund.
         SECTION 54.  Section 623.076, Transportation Code, is
  amended by amending Subsections (a-1) and (c) and adding Subsection
  (b-1) to read as follows:
         (a-1)  The following amounts collected under Subsection (a)
  shall be deposited to the general revenue fund, 90 percent of [and]
  the remainder shall be deposited to the credit of the state highway
  fund, and 10 percent of the remainder shall be deposited to the
  credit of the Texas Department of Motor Vehicles fund:
 
Amount of Fee Amount Allocated to General Revenue Fund
 
  $60 (single-trip permit)            $30
 
  $120 (30-day permit)            $60
 
  $180            $90
 
  $240            $120
 
  $270            $135
         (b-1)  The department shall deposit a fee collected under
  Subsection (b)(3) to the credit of the Texas Department of Motor
  Vehicles fund.
         (c)  An application for a permit under Section 623.071(c)(3)
  or (d) must be accompanied by the permit fee established by the
  board, in consultation with the commission, for the permit, not to
  exceed $7,000.  Of each fee collected under this subsection, the
  department shall send:
               (1)  the first $1,000 to the comptroller for deposit to
  the credit of the general revenue fund; and
               (2)  any amount in excess of $1,000 to the comptroller,
  who shall [for] deposit:
                     (A)  90 percent of the excess to the credit of the
  state highway fund; and
                     (B)  10 percent of the excess to the credit of the
  Texas Department of Motor Vehicles fund.
         SECTION 55.  Section 623.077(b), Transportation Code, is
  amended to read as follows:
         (b)  The department shall send each fee collected under
  Subsection (a) to the comptroller, who shall [for] deposit:
               (1)  90 percent of the fee to the credit of the state
  highway fund; and
               (2)  10 percent of the fee to the credit of the Texas
  Department of Motor Vehicles fund.
         SECTION 56.  Sections 623.096(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  The department shall collect a fee of $40 for each
  permit issued under this subchapter.  Of each fee, $19.70 shall be
  deposited to the credit of the general revenue fund and of the
  remainder:
               (1)  90 percent shall be deposited to the credit of the
  state highway fund; and
               (2)  10 percent shall be deposited to the credit of the
  Texas Department of Motor Vehicles fund.
         (c)  The department may establish an escrow account within
  the Texas Department of Motor Vehicles fund for the payment of
  permit fees.
         SECTION 57.  Section 623.124(b), Transportation Code, is
  amended to read as follows:
         (b)  The department shall send each fee collected under this
  section to the comptroller.  Of each fee received from the
  department, the comptroller shall deposit:
               (1)  $7.50 to the credit of the general revenue fund;
  and
               (2)  of the remainder:
                     (A)  90 percent [$7.50] to the credit of the state
  highway fund; and
                     (B)  10 percent to the credit of the Texas
  Department of Motor Vehicles fund.
         SECTION 58.  Section 623.147, Transportation Code, is
  amended to read as follows:
         Sec. 623.147.  DEPOSIT OF FEE IN STATE HIGHWAY FUND AND IN
  TEXAS DEPARTMENT OF MOTOR VEHICLES FUND. A fee collected under this
  subchapter shall be deposited as follows:
               (1)  90 percent to the credit of the state highway fund;
  and
               (2)  10 percent to the credit of the Texas Department of
  Motor Vehicles fund.
         SECTION 59.  Section 623.182(b), Transportation Code, is
  amended to read as follows:
         (b)  The department shall send each fee collected under this
  subchapter to the comptroller.  Of each fee received from the
  department, the comptroller shall deposit $50 to the credit of the
  general revenue fund and of the remainder the department shall
  deposit:
               (1)  90 percent [$50] to the credit of the state highway
  fund; and
               (2)  10 percent to the credit of the Texas Department of
  Motor Vehicles fund.
         SECTION 60.  Section 623.197, Transportation Code, is
  amended to read as follows:
         Sec. 623.197.  DEPOSIT OF FEE IN STATE HIGHWAY FUND AND IN
  TEXAS DEPARTMENT OF MOTOR VEHICLES FUND. A fee collected under this
  subchapter shall be deposited as follows:
               (1)  90 percent to the credit of the state highway fund;
  and
               (2)  10 percent to the credit of the Texas Department of
  Motor Vehicles fund.
         SECTION 61.  Section 623.273, Transportation Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  Money collected by the department under Subsection (d)
  shall be deposited to the credit of the Texas Department of Motor
  Vehicles fund.
         SECTION 62.  Section 643.004(b), Transportation Code, is
  amended to read as follows:
         (b)  The department may establish one or more escrow accounts
  in the Texas Department of Motor Vehicles [state highway] fund for
  the prepayment of a fee under this chapter. Prepaid fees and any
  fees established by the department for the administration of this
  section shall be:
               (1)  administered under an agreement approved by the
  department; and
               (2)  deposited to the credit of the Texas Department of
  Motor Vehicles [state highway] fund to be appropriated only to the
  department for the purposes of administering this chapter.
         SECTION 63.  Section 645.002(c), Transportation Code, is
  amended to read as follows:
         (c)  The department may establish one or more escrow accounts
  in the Texas Department of Motor Vehicles [state highway] fund for
  the prepayment of a fee under this chapter. A prepaid fee or any fee
  established by the department for the administration of this
  section shall be:
               (1)  administered under an agreement approved by the
  department; and
               (2)  deposited to the credit of the Texas Department of
  Motor Vehicles [state highway] fund to be appropriated only to the
  department for the purposes of administering this chapter.
         SECTION 64.  Section 646.001, Transportation Code, is
  amended to read as follows:
         Sec. 646.001.  DEFINITIONS [DEFINITION]. In this chapter:
               (1)  "Department" means the Texas Department of Motor
  Vehicles.
               (2)  "Motor [, "motor] transportation broker" means a
  person who:
                     (A) [(1)]  sells, offers for sale, provides, or
  negotiates for the transportation of cargo by a motor carrier
  operated by another person; or
                     (B) [(2)]  aids or abets a person in performing an
  act described by Paragraph (A) [Subdivision (1)].
         SECTION 65.  Sections 646.003(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  A person may not act as a motor transportation broker
  unless the person provides a bond to the department [Texas
  Department of Motor Vehicles].
         (c)  The department may charge the broker a bond review fee
  in an amount not to exceed the cost of reviewing the bond. The
  department shall deposit a fee collected under this subsection to
  the credit of the Texas Department of Motor Vehicles fund.
         SECTION 66.  Section 681.005, Transportation Code, is
  amended to read as follows:
         Sec. 681.005.  DUTIES OF COUNTY ASSESSOR-COLLECTOR.  Each
  county assessor-collector shall send to the department each fee
  collected under Section 681.003, to be deposited in the Texas
  Department of Motor Vehicles [state highway] fund to defray the
  cost of providing the disabled parking placard.
         SECTION 67.  Section 683.052(d), Transportation Code, is
  amended to read as follows:
         (d)  The application must be accompanied by a fee of $2,
  unless the application is made by a unit of government. Fees
  collected under this subsection shall be deposited to the credit of
  the Texas Department of Motor Vehicles [state highway] fund.
         SECTION 68.  Section 1001.007(b), Transportation Code, is
  amended to read as follows:
         (b)  Money collected by the department under this section
  shall be deposited to the credit of the Texas Department of Motor
  Vehicles [state highway] fund for use by the department in
  supporting the department's operations and the administration of
  the department's functions.
         SECTION 69.  Section 1001.009(d), Transportation Code, is
  amended to read as follows:
         (d)  Revenue generated from the collection of discount or
  service charges under Subsection (c) shall be deposited to the
  credit of the Texas Department of Motor Vehicles [state highway]
  fund for use by the department in supporting the department's
  operations and the administration of the department's functions.
         SECTION 70.  Subchapter A, Chapter 1001, Transportation
  Code, is amended by adding Section 1001.013 to read as follows:
         Sec. 1001.013.  PERFORMANCE OF CERTAIN DEPARTMENT FUNCTIONS
  BY AUTHORIZED BUSINESS. (a)  The executive director of the
  department may authorize a business entity to perform a department
  function in accordance with rules adopted under Subsection (b).
         (b)  The board by rule shall prescribe:
               (1)  the classification types of businesses that are
  authorized to perform certain department functions;
               (2)  the duties and obligations of an authorized
  business;
               (3)  the type and amount of any bonds that may be
  required for a business to perform certain functions; and
               (4)  the fees that may be charged or retained by a
  business authorized under this section.
         SECTION 71.  Chapter 1001, Transportation Code, is amended
  by adding Subchapter E to read as follows:
  SUBCHAPTER E. TEXAS DEPARTMENT OF MOTOR VEHICLES FUND
         Sec. 1001.151.  TEXAS DEPARTMENT OF MOTOR VEHICLES FUND.
  (a) The Texas Department of Motor Vehicles fund is a special fund
  in the treasury outside the general revenue fund and the state
  highway fund.
         (b)  Except as provided by Subsection (c), and unless
  otherwise dedicated by the Texas Constitution, the fund consists
  of:
               (1)  money appropriated by the legislature to the
  department;
               (2)  money allocated to pay fund accounting costs and
  related liabilities of the fund;
               (3)  gifts, grants, and donations received by the
  department;
               (4)  money required by law to be deposited to the fund;
               (5)  interest earned on money in the fund; and
               (6)  other revenue received by the department.
         (c)  Money appropriated to the department for Automobile
  Burglary and Theft Prevention Authority purposes and other revenue
  collected or received by the Automobile Burglary and Theft
  Prevention Authority may not be deposited into the fund.
         Sec. 1001.152.  USE OF MONEY IN FUND. Money that is required
  to be deposited in the state treasury to the credit of the Texas
  Department of Motor Vehicles fund may be used by the department
  only:
               (1)  to support the department's operations and the
  administration and enforcement of the department's functions; or
               (2)  to pay the accounting costs and related
  liabilities for the fund, including fringe benefits, workers'
  compensation, and unemployment compensation.
         Sec. 1001.153.  APPLICABILITY OF OTHER LAW. Subchapter D,
  Chapter 316, Government Code, and Section 403.095, Government Code,
  do not apply to the fund created under Section 1001.151.
         SECTION 72.  Sections 502.1982, 520.008, 520.009, 520.0091,
  and 520.0092, Transportation Code, are repealed.
         SECTION 73.  (a)  On September 1, 2013, $59 million of
  existing revenue from fees collected or received by the Texas
  Department of Motor Vehicles under Section 502.356, Transportation
  Code, and former Section 502.1705, Transportation Code, from
  November 1, 2009, to August 31, 2013, shall be transferred to and
  deposited in the fund established under Section 1001.151,
  Transportation Code, as added by this Act.
         (b)  To the extent that revenue required to be deposited to
  the credit of the Texas Department of Motor Vehicles fund under
  Subsection (a) of this section was, before September 1, 2013, being
  used as collateral or a source of payment for the repayment of any
  loans, bonds, credit agreements, public securities, or other
  obligations, that revenue remains subject to being used as
  collateral or a source of payment for those obligations.  However,
  an obligation described by this subsection must first be paid from
  the state highway fund, and the Texas Department of Motor Vehicles
  fund is subject to the obligation only to the extent the state
  highway fund is depleted at the time the obligation matures and
  becomes due.
         (c)  A deputy appointed under Section 520.0091,
  Transportation Code, on or before August 31, 2013, may continue to
  perform the services authorized under Sections 520.008, 520.009,
  520.0091, and 520.0092, Transportation Code, until the effective
  date of the rules adopted by the board of the Texas Department of
  Motor Vehicles regarding the types of deputies authorized to
  perform titling and registration duties under Section 520.0071,
  Transportation Code, as added by this Act.
         SECTION 74.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2013.
         (b)  Sections 502.197(a) and (b) and 520.006, Transportation
  Code, as amended by this Act, take effect on the effective date of
  rules adopted by the board of the Texas Department of Motor Vehicles
  regarding the registration processing and handling fee under
  Section 502.1911, Transportation Code, as added by this Act.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2202 was passed by the House on May 4,
  2013, by the following vote:  Yeas 136, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2202 was passed by the Senate on May
  22, 2013, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor