79R8976 SMH-D

By:  Bonnen                                                       H.B. No. 2481



A BILL TO BE ENTITLED

AN ACT

relating to the Texas emissions reduction plan, including the use 
of money currently dedicated to the Texas emissions reduction plan 
fund.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 386.002, Health and Safety Code, is 
amended to read as follows:
	Sec. 386.002.  EXPIRATION.  This chapter expires August 31, 
2013 [2008].
	SECTION 2.  Section 386.252(a), Health and Safety Code, is 
amended to read as follows:
	(a)  Money in the fund may be used only to implement and 
administer programs established under the plan and shall be 
allocated as follows:
		(1)  for the diesel emissions reduction incentive 
program, 64 [87.5] percent of the money in the fund, of which not 
more than 10 percent may be used for on-road diesel purchase or 
lease incentives;
		(2)  for the new technology research and development 
program, 33 [9.5] percent of the money in the fund, of which up to 
$250,000 is allocated for administration, up to $200,000 is 
allocated for a health effects study, $500,000 is to be deposited in 
the state treasury to the credit of the clean air account created 
under Section 382.0622 to supplement funding for air quality 
planning activities in affected counties, and not less than 10 [20] 
percent is to be allocated each year to support research related to 
air quality for the Houston-Galveston-Brazoria and Dallas-Fort 
Worth nonattainment areas by a nonprofit organization based in 
Houston; and
		(3)  for administrative costs incurred by the 
commission and the laboratory, three percent of the money in the 
fund.
	SECTION 3.  Section 501.138, Transportation Code, is amended 
by amending Subsections (a) and (b) and adding Subsections (b-1), 
(b-2), (b-3), and (b-4) to read as follows:
	(a)  An applicant for a certificate of title, other than the 
state or a political subdivision of the state, must pay the county 
assessor-collector a fee of:
		(1)  $33 if the applicant's residence is a county 
located within a nonattainment area as defined under Section 107(d) 
of the federal Clean Air Act (42 U.S.C. Section 7407), as amended, 
or is an affected county, as defined by Section 386.001, Health and 
Safety Code; or
		(2)  $28 if the applicant's residence is any other 
county[; or
		[(3)  on or after September 1, 2008, $28 regardless of 
the county in which the applicant resides].
	(b)  The county assessor-collector shall send:                                 
		(1)  $5 of the fee to the county treasurer for deposit 
in the officers' salary fund;
		(2)  $8 of the fee to the department:                                         
			(A)  together with the application within the time 
prescribed by Section 501.023; or
			(B)  if the fee is deposited in an 
interest-bearing account or certificate in the county depository or 
invested in an investment authorized by Subchapter A, Chapter 2256, 
Government Code, not later than the 35th day after the date on which 
the fee is received; and
		(3)  the following amount to the comptroller at the 
time and in the manner prescribed by the comptroller:
			(A)  $20 of the fee if the applicant's residence 
is a county located within a nonattainment area as defined under 
Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 
7407), as amended, or is an affected county, as defined by Section 
386.001, Health and Safety Code; or
			(B)  $15 of the fee if the applicant's residence 
is any other county. [; or]
	(b-1) [(C)]  Fees collected under Subsection (b) [this 
subsection] to be sent to the comptroller shall be deposited [as 
follows:
				[(i)  before September 1, 2008, to the 
credit of the Texas emissions reduction fund; and
				[(ii)  after September 1, 2008,] to the 
credit of the Texas Mobility Fund.
	(b-2)  A fee deposited to the credit of the Texas Mobility 
Fund under Subsection (b-1) may be spent only for a public 
transportation project described by Section 49-k(b) or (c), Article 
III, Texas Constitution, in the county in which the applicant 
resides.  The comptroller shall establish records of the sources 
and amounts of money deposited to the credit of the Texas Mobility 
Fund and the uses of money in the fund for purposes of determining 
compliance with the limitation imposed by this subsection.
	(b-3)  Promptly after receipt of notice that the comptroller 
has deposited a fee to the credit of the Texas Mobility Fund under 
Subsection (b-1), the department shall remit to the comptroller for 
deposit to the credit of the Texas emissions reduction plan fund an 
amount of money equal to the amount of the fee.
	(b-4)  This subsection and Subsection (b-3) expire September 
1, 2010. 
	SECTION 4.  This Act takes effect September 1, 2005.