The Honorable Patrick M. Wilson Ellis County and District Attorney 109 SouthJackson Waxahachie, Texas 75165

DearMr. Wilson: 

### KEN PAXTON ATTORNEY GENERAL OF TEXAS

March 8, 2016
OpinionNo. KP-0068 Re: Disposition of revenue collected pursuant to section 502.403 of the Transportation Code, authorizing anoptional county fee for child safety (RQ-0052-KP)

You ask about the proper disposition ofthe revenue generated by a fee authorized by section 502.403 ofthe Transportation Code. 1 Section 502.403, titled "Optional County Fee for Child Safety," authorizes commissioners courts to "imposeby order an additional fee ofnotmore than $1.50 for registering a vehicle inthe county." TEX. TRANSP. CODE§ 502.403(a). Subsection 502.403(e) provides for how funds generated from the fee are to be divided between the county and municipalities withinthe county: (e) A county imposing a fee under this section may deduct for administrative costs an amount ofnot more than 10 percent of therevenue itreceivesfromthefee. Thecountymayalso deduct from the fee revenue an amount proportional to the percentage of county residents who live in unincorporated areas of the county. After making the deductions provided for by this subsection, the county shall send the remainder of the fee revenue to the municipalities in the county according to their population. 

### Id. § 502.403(e). Subsections (f) and (g) explain how municipalities and counties, respectively, shall spend any revenue they receive from the fee: (f) 

### A municipality with a population greater than 850,000 shall depositrevenue from a fee imposed under this subsectionto the credit of the child safety trust fund created under Section 106.001, Local Government Code. A municipality with a population less than 850,000 shall use revenue from a fee

1 See Letterfrom Honorable Patrick M. Wilson, Ellis Cty. & Dist. Att'y, to Honorable Ken Paxton, Tex. Att'y Gen. at 1(Sept. 3, 2015), https://www.texasattomeygeneral.gov/opinion/requests-for-opinions-rqs ("Request Letter'').The Honorable Patrick M. Wilson

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imposed under this section in accordance with Article 102.014(g), Code ofCriminal Procedure. (g) After deducting administrative costs, a county may use revenue from a fee imposed under this section only for a purpose permittedby Article 102.014(g), Code ofCriminal Procedure. Id. § 502.403(£)-(g). You indicate that some counties believe that subsection (g) authorizes them to avoid "sending any portion ofthe fee revenue to municipalities." Request Letter at 1. Subsection (e), however, states that counties "shall send the remainder ofthe fee revenue to municipalities," creating a mandatory duty for counties to do so. TEX. TRANSP. CODE § 502.403(e) (emphasis added); see TEX. Gov'T CODE § 311.016(2) (explaining that use ofthe word "Shall" imposes a duty unless the contextnecessarilyrequires a different construction). Subsection (g) mustbe read in conjunction with subsection (e). See Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 493 (Tex. 2001) ("We should not give one provision a meaning out ofharmony or inconsistent with other provisions, althoughitmightbe susceptibleto such aconstruction standingalone."). When section 502.403 is read as a whole, itis clearthat subsection (g) limits the county'suse ofthe revenue that remains after the disbursement required under subsection (e). Accordingly, a county may not retain all ofthe revenue generated from the fee without sending any portionto the municipalities.The Honorable Patrick M. Wilson

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SUMMARY Section 502.403 ofthe Transportation Code allows a county that has imposed a fee under that section to retain a portion ofthe revenue from the fee for administrative costs as well as an amount proportional to the percentage of county residents who live in unincorporated areas of the county. Subsection (e) requires the countyto sendtheremainderofthe fee revenueto the municipalities inthe county according to their population.

CHARLES E. ROY FirstAssistant Attorney General BRANTLEY STARR Deputy Attorney General for Legal Counsel VIRGINIA K. HOELSCHER Chair, Opinion Committee Assistant Attorney General Very truly yours,

# ~?ay-ki- KEN PAXTON Attorney General ofTexas