78R2824 SGA-F

By:  Allen                                                        H.B. No. 1481



A BILL TO BE ENTITLED

AN ACT

relating to the creation of a subaccount for fees collected under 
Titles IV and V of the Clean Air Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 382.0622, Health and Safety Code, is 
amended by amending Subsections (b) and (c) and adding Subsections 
(b-1), (b-2), and (b-3) to read as follows:
	(b)  Except as provided by Subsection (b-1), Clean Air Act 
fees shall be deposited in the state treasury to the credit of the 
clean air account and shall be used to safeguard the air resources 
of the state.
	(b-1)  A fee collected under Section 382.0621(a) on or after 
September 1, 2003, shall be deposited to the credit of a subaccount 
in the clean air account.  Fees collected under Section 382.0621(a) 
may not be commingled with any other fees in the clean air account 
or with any other money in the state treasury.
	(b-2)  Money in the subaccount established under Subsection 
(b-1) may be appropriated to the commission only to cover the costs 
of developing and administering the federal permit programs under 
Title IV or V of the federal Clean Air Act (42 U.S.C. Section 7651 et 
seq. and Section 7661 et seq.).
	(b-3)  Section 403.095, Government Code, does not apply to 
the subaccount established under Subsection (b-1), and any balance 
remaining in the subaccount at the end of a fiscal year shall be 
left in the subaccount and used in the next or subsequent fiscal 
years only for the purposes stated in Subsection (b-2).
	(c)  The commission shall request the appropriation of 
sufficient money to safeguard the air resources of the state, 
including payments to the Public Safety Commission for incidental 
costs of administering the vehicle emissions inspection and 
maintenance program[, except that after the date of delegation of 
the state's permitting program under Title V of the federal Clean 
Air Act (42 U.S.C. Sections 7661 et seq.), fees collected under 
Section 382.0621(a) may be appropriated only to cover costs of 
developing and administering the federal permit program under 
Titles IV and V of the federal Clean Air Act (42 U.S.C. Sections 
7651 et seq. and 7661 et seq.)].
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Not later than December 1, 2003, the Texas Commission on 
Environmental Quality shall adopt any rules required for the 
implementation of this Act.