79R3583 SGA-D
By: Chisum H.B. No. 1611
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 382.209(b) and (e), Health and Safety
Code, are amended 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 or other designated and available funds. 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. The program shall be administered
in accordance with Chapter 783, Government Code.
(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.
SECTION 2. Subchapter G, Chapter 382, Health and Safety
Code, is amended by adding Section 382.217 to read as follows:
Sec. 382.217. USE OF UNEXPENDED VEHICLE REPAIR ASSISTANCE,
RETROFIT, AND RETIREMENT MONEY. (a) Not later than the final day
of each state fiscal year:
(1) a participating county shall remit to the
comptroller the unexpended positive balance of money provided to
the county under Section 382.209 for that fiscal year; and
(2) the commission shall remit to the comptroller the
unexpended positive balance of money appropriated for use by a
participating county under Section 382.209 for that fiscal year
that is still in the commission's control.
(b) The comptroller shall deposit money remitted under
Subsection (a) that is attributable to a participating county to
the credit of an account in the general revenue fund designated for
that county. Interest earned on a participating county's account
shall be credited to that account. Each participating county's
account is exempt from the application of Section 403.095,
Government Code.
(c) Money in a participating county's account may be
appropriated only for safeguarding this state's air quality by
implementing clean air programs in the participating county as
authorized by the commission, including:
(1) transportation control signal enhancements and
intersection improvements;
(2) outreach, education, and advertising to increase
public awareness of air quality issues and programs;
(3) projects to expedite cleaner fleets of school
buses, refuse haulers, and locomotives;
(4) projects to reduce diesel idling through
electrification technology; and
(5) projects to reduce idling of taxis and expedite
cleaner fleets of taxis.
SECTION 3. 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.