By: Chisum, Turner, Allen of Dallas, H.B. No. 1611
Hochberg, Edwards, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the use of money for the low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement program;
making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0622, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) Except as provided by Subsections [Subsection] (b-1)
and (e), 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.
(e) Fees collected under Section 382.202(e) and 382.302
that are available to fund programs under Section 382.209 but that
are not appropriated for that purpose shall be transferred on
receipt to the credit of a subaccount of the clean air account in an
amount not to exceed $20 million. Money in the subaccount may not
be commingled with any other fees in the clean air account or with
any other money in the state treasury. Money in the subaccount may
be appropriated only for the purposes provided by Section
382.202(q). The subaccount is exempt from the application of
Section 403.095, Government Code.
SECTION 2. Section 382.202, Health and Safety Code, is
amended by adding Subsections (q) and (r) to read as follows:
(q) Fees collected under Subsection (e) that are
transferred to the credit of a subaccount of the clean air account
as required by Section 382.0622(e) may be appropriated only as
follows:
(1) not more than 70 percent of that money may be
appropriated to the commission to be made available to affected or
participating counties, as those terms are defined by Sections
382.201 and 382.301, for the purposes authorized by Section
382.217, in an amount that for each county is proportionate to the
total amount of fees collected by the county under Subsection (e) in
the preceding fiscal year; and
(2) not more than 30 percent of that money may be
appropriated to the commission to provide grants to projects in
affected or participating counties that the commission determines
would be eligible to receive grants under Subchapter C, Chapter
386.
(r) The commission may apply the same rules, standards, and
requirements for the award of a grant under Subsection (q) as the
commission applies to a grant awarded under Subchapter C, Chapter
386.
SECTION 3. Section 382.209, Health and Safety Code, is
amended by amending Subsections (b), (e), and (g) to read as
follows:
(b) The commission shall provide funding for local
low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement programs with available funds collected under
Section 382.202, 382.302, or other designated and available funds.
The programs shall be administered in accordance with Chapter 783,
Government Code. Programmatic costs may include call center
management, application oversight, invoice analysis, education,
outreach, and advertising. [Not more than five percent of the money
provided to a local low-income vehicle repair assistance, retrofit,
and accelerated vehicle retirement program under this section may
be used for administration of the programs.]
(e) A vehicle is not eligible to participate in a low-income
vehicle repair assistance, retrofit, and accelerated vehicle
retirement program established under this section unless:
(1) the vehicle is capable of being operated;
(2) the registration of the vehicle:
(A) is current; and
(B) reflects that the vehicle has been registered
in the county implementing the program for the 12 months [two years]
preceding the application for participation in the program;
(3) the commissioners court of the county
administering the program determines that the vehicle meets the
eligibility criteria adopted by the commission, the Texas
Department of Transportation, and the Public Safety Commission; and
(4) if the vehicle is to be repaired, the repair is
done by a repair facility recognized by the Department of Public
Safety, which may be an independent or private entity licensed by
the state.
(g) A participating county may contract with any
appropriate entity, including the regional council of governments
or the metropolitan planning organization in the appropriate
region, or with another county for services necessary to implement
the participating county's low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program. The
participating counties in a nonattainment region or counties
participating in an early action compact under Subchapter H may
agree to have the money collected in any one county be used in any
other participating county in the same region. The participating
counties may also agree to contract with any appropriate entity,
including the regional metropolitan planning organization or
council of governments, to implement a program under Section
382.217.
SECTION 4. Subchapter G, Chapter 382, Health and Safety
Code, is amended by adding Sections 382.217 and 382.218 to read as
follows:
Sec. 382.217. USE OF UNEXPENDED VEHICLE REPAIR ASSISTANCE,
RETROFIT, AND RETIREMENT MONEY. (a) Money that is made available
to affected or participating counties under Section 382.202(q)(1)
may be appropriated for programs administered in accordance with
Chapter 783, Government Code, to improve air quality. Programmatic
costs may include call center management, application oversight,
invoice analysis, education, outreach, and advertising.
(b) A program under this section must be implemented in
consultation with the commission and may include a program to:
(1) develop and implement outreach, education, and
advertising to increase public awareness of air quality issues,
including working with a faith-based group or other type of group
that assists low-income individuals to promote participation in a
low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program;
(2) expand and enhance the AirCheck Texas Repair and
Replacement Assistance Program;
(3) develop and implement programs or systems that
remotely determine vehicle emissions and notify the vehicle's
operator;
(4) develop and implement projects to implement the
commission's smoking vehicle program;
(5) develop and implement projects to coordinate with
local law enforcement officials to reduce the use of counterfeit
state inspection stickers;
(6) develop and implement programs to enhance
transportation system improvements;
(7) research, develop, and implement new air control
strategies designed to assist local areas to comply with state and
federal air quality rules and regulations; and
(8) use local money to leverage federal money for air
quality purposes.
Sec. 382.218. REQUIRED PARTICIPATION BY CERTAIN COUNTIES.
(a) This section applies only to a county with a population of
650,000 or more that borders the United Mexican States.
(b) A county that was at any time required, because of the
county's designation as a nonattainment area under Section 107(d)
of the federal Clean Air Act (42 U.S.C. Section 7407), to
participate in the vehicle emissions inspection and maintenance
program under this subchapter and Subchapter F, Chapter 548,
Transportation Code, shall continue to participate in the program
even if the county is designated as an attainment area under the
federal Clean Air Act.
SECTION 5. (a) Notwithstanding any provision of Chapter
382, Health and Safety Code, as amended or added by this Act, the
sum of $1 million in money from the subaccount established under
Section 382.0622, Health and Safety Code, as amended by this Act, is
appropriated to Dallas County and to the regional planning
commission under Chapter 391, Local Government Code, for the area
including Dallas County, for the state fiscal biennium beginning
September 1, 2005, for the purpose of developing and implementing a
pilot inspection and maintenance program in the Dallas-Fort Worth
nonattainment area to improve and expand programs under Sections
382.202, Health and Safety Code, as amended by this Act, and
382.302, Health and Safety Code.
(b) Dallas County and the regional planning commission
described by Subsection (a) of this section shall report to the
Texas Commission on Environmental Quality on the results of the
pilot program not later than December 31, 2007.
SECTION 6. This Act takes effect immediately 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 immediate effect, this
Act takes effect September 1, 2005.