By Lindsay S.B. No. 1028
77R8643 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the motor vehicle inspection fee and the use of
1-3 revenues derived from that fee.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.0622, Health and Safety Code, is
1-6 amended by amending Subsections (a), (b), and (c) as follows:
1-7 (a) Clean Air Act fees consist of:
1-8 (1) fees collected by the commission under Sections
1-9 382.062, 382.0621, and 382.037 and as otherwise provided by law;
1-10 and
1-11 (2) [$2] $3 of each advance payment collected by the
1-12 Department of Public Safety for inspection certificates for
1-13 vehicles other than mopeds under Section 548.501, Transportation
1-14 Code.
1-15 (b) Clean Air Act fees shall be deposited in the state
1-16 treasury to the credit of the clean air account and shall be used
1-17 to safeguard the air resources, except that $3 of each advance
1-18 payment collected by the Department of Public Safety for inspection
1-19 certificates for vehicles other than mopeds under Section 548.501,
1-20 Transportation Code shall be deposited in the state treasury to the
1-21 credit of the operating fund account established under Section
1-22 5.237, Water Code. The funds in the operating fund account shall
1-23 be used to safeguard the natural resources of the state as
1-24 necessary to address potential or actual environmental impacts
2-1 reasonably related to the activities of the fee payers under
2-2 Section 548.501, Transportation Code.
2-3 (c) The commission shall request the appropriation of
2-4 sufficient money to safeguard the [air] natural resources of the
2-5 state as provided by this chapter, [including payments to the
2-6 Public Safety Commission for incidental costs of administering the
2-7 vehicle emissions inspection and maintenance program,] except that
2-8 after the date of delegation of the state's permitting program
2-9 under Title V of the federal Clean Air Act (42 U.S.C. Sections 7661
2-10 et seq.), fees collected under Section 382.0621(a) may be
2-11 appropriated only to cover costs of developing and administering
2-12 the federal permit program under Titles IV and V of the federal
2-13 Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.).
2-14 SECTION 2. Section 548.501, Transportation Code, is amended
2-15 by amending Subsection (b) as follows:
2-16 (b) An inspection station shall pay to the department $5.50
2-17 of each fee for an inspection. The department may require the
2-18 station to make an advance payment of $5.50 for each inspection
2-19 certificate provided to the station. If advance payment is made:
2-20 (1) no further payment may be required on issuance of
2-21 a certificate;
2-22 (2) the inspection station may waive the fee due from
2-23 the owner of an inspected vehicle who is issued a certificate to
2-24 which the advance payment applies;
2-25 (3) the department shall refund to the inspection
2-26 station $5.50 for each unissued certificate that the station
2-27 returns to the department in accordance with department rules; and
3-1 (4) the conservation commission shall pay to the
3-2 department [$2] $3 for each unissued certificate that the station
3-3 returns to the department.
3-4 SECTION 3. This Act takes effect September 1, 2001. The
3-5 implementation of this Act is required only if the legislature
3-6 appropriates the funds set out in the contingency appropriation for
3-7 this Act in the General Appropriations Act, 77th Legislative
3-8 Session, 2001.