78S20232 MI-D


By:  Swinford                                                     H.B. No. 19 

Substitute the following for H.B. No. 19:                                     

By:  Swinford                                                 C.S.H.B. No. 19 



A BILL TO BE ENTITLED

AN ACT

relating to certain government contracts to be performed in 
nonattainment areas for national ambient air quality standards.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2155.451(a), Government Code, as added 
by Section 19, H.B. No. 1365, Acts of the 78th Legislature, Regular 
Session, 2003, is amended to read as follows:
	(a)  This section applies only to a contract to be performed, 
wholly or partly, in a nonattainment area or in an affected county, 
as those terms are [that term is] defined by Section 386.001, Health 
and Safety Code.
	SECTION 2.  Section 271.907(b), Local Government Code, as 
added by Section 20, H.B. No. 1365, Acts of the 78th Legislature, 
Regular Session, 2003, is amended to read as follows:
	(b)  This section applies only to a contract to be performed, 
wholly or partly, in a nonattainment area or in an affected county, 
as those terms are [that term is] defined by Section 386.001, Health 
and Safety Code.
	SECTION 3.  Section 152.0215(a), Tax Code, as amended by 
Section 22, H.B. No. 1365, Acts of the 78th Legislature, Regular 
Session, 2003, is amended to read as follows:
	(a)  Except as provided by this subsection, a [A] surcharge 
is imposed on every retail sale, lease, or use of every on-road 
diesel motor vehicle that is over 14,000 pounds  and that is sold, 
leased, or used in this state. The amount of the surcharge is:
		(1)  for a vehicle of a model year 1996 or earlier, 
including a motor home for personal use, [is] 2.5 percent of the 
total consideration; and
		(2)  for a vehicle of a model year 1997 or later, 
excluding a motor home for personal use, one percent of the total 
consideration.
	SECTION 4.  (a)  Except as provided by Subsection (b) of 
this section, this Act takes effect immediately if this Act 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect December 1, 2003.
	(b)  Section 3 of this Act takes effect on the first day of 
the first month beginning on or after the earliest date on which 
this Act may take effect if it receives a vote of two-thirds of all 
the members elected to each house, as provided by Section 39, 
Article III, Texas Constitution. If this Act does not receive the 
vote necessary for effect before December 1, 2003, Section 3 of this 
Act takes effect December 1, 2003. The comptroller of public 
accounts may adopt emergency rules for the implementation of 
Section 3 of this Act.