Office of House Bill AnalysisH.B. 1831
By: Pickett


When an individual is diagnosed with cancer, there are many expenses
associated with treatment and care that can put a financial strain on the
individual or the individual's family. There are community organizations
and agencies that assist with these expenses, but those resources are
limited.  Additional funds can be raised by creating a specially designed
license plate that may be purchased to support a cause and depositing the
revenue generated by the license plate in a separate account.  The Texas
Department of Transportation (TxDOT), among its responsibilities, offers
several specially designed license plates to registrants.  House Bill 1831
requires TxDOT to create a "Texans Conquer Cancer" license plate that
raises money to be awarded to Texas nonprofit organizations that provide
support services for cancer patients and their families, creates a YMCA
account in the general revenue fund for the deposit of YMCA license plate
proceeds, and establishes TxDOT's authority to contract with one or more
local governments. 


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 201.209, Transportation Code) and to the Texas Cancer
Council in SECTION 3 (Section 102.017, Health and Safety Code) of this


House Bill 1831 amends the Transportation Code to authorize the Texas
Department of Transportation (TxDOT) to enter into an interlocal contract
with one or more local governments in accordance with the Interlocal
Cooperation Act.  The bill requires TxDOT, by rule, to adopt policies and
procedures consistent with applicable state procurement practices for
soliciting and awarding the contracts under its authority. 

The bill requires TxDOT to issue specially designed license plates for
certain vehicles, designed in consultation with the Texas Cancer Council
(council), that include the words "Texans Conquer Cancer." The bill
requires TxDOT to issue the license plates to a person that completes the
specified application process and pays the prescribed fees. The bill
requires an owner of a vehicle with "Texans Conquer Cancer" license plates
to return the license plates to TxDOT if the owner disposes of the vehicle
during a registration year. The bill requires TxDOT to use $5 of the fee
collected for the license plates for administration costs only and to
deposit the remainder of the collected fees to the credit of the Texans
Conquer Cancer account.  

The bill amends the Health and Safety Code to create the Texans Conquer
Cancer account within the general revenue fund and sets forth provisions
for the fund's use and administration. The bill requires the council to
establish, by rule, guidelines for spending money credited to the account.
The bill requires the council to appoint a seven-member Texans Conquer
Cancer advisory committee, establishes the duties of the committee, and
sets forth the terms of service of the committee members.  

The bill amends the Transportation and Education codes to create a YMCA
account as a separate account in the general revenue fund. The bill
establishes a fee of $30 for a YMCA license plate, in addition to any
applicable motor vehicle registration fee. The bill requires TxDOT to use
$5 of the fee to administer the  issuance of the YMCA plates and to deposit
the remainder of the fee to the credit of the YMCA account. The bill
provides that the Texas Education Agency (TEA) administers the YMCA
account, and authorizes TEA to spend money credited to the YMCA account
only to make grants to benefit the youth and government programs sponsored
by the YMCAs located in Texas.  


June 14, 2001.