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.