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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the optional imposition of a county air |
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quality fee at the time of an emissions-related inspection. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.221 to read as follows: |
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Sec. 382.221. COUNTY AIR QUALITY FEE. (a) An affected |
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county that has incidents approaching, or monitors incidents that |
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exceed, the eight-hour national ambient air quality standard for |
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ozone may by order adopt a county air quality fee: |
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(1) to be imposed at the time an emissions-related |
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inspection is performed in the county; and |
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(2) to be used by the county only for: |
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(A) a low-income vehicle repair assistance, |
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retrofit, and accelerated vehicle retirement program under Section |
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382.209; or |
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(B) local initiative projects under Section |
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382.220(b). |
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(b) A county that adopts a fee under this section shall |
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notify the Department of Public Safety, in a manner determined by |
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the department, of the fee and the fee amount not later than the |
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60th day before the date the county imposes the fee. |
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(c) The amount of the fee may not exceed the amount of a fee |
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assessed in the county for an emissions-related inspection. |
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SECTION 2. Subchapter H, Chapter 548, Transportation Code, |
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is amended by adding Section 548.5056 to read as follows: |
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Sec. 548.5056. COUNTY AIR QUALITY FEE; TRUST FUND. (a) |
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After receiving notice that a county has adopted a county air |
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quality fee under Section 382.221, Health and Safety Code, the |
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department shall: |
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(1) notify inspection stations located in the county |
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of the fee; and |
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(2) require the inspection stations to: |
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(A) charge the fee; and |
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(B) remit the fee to the department. |
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(b) The county air quality trust fund is created as a trust |
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fund outside the treasury with the comptroller. The trust fund |
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shall be administered by the department as a trustee for the purpose |
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of holding revenue the department receives from inspection stations |
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under this section until the department disburses the revenue to |
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counties as provided by this section. |
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(c) The department may not credit to an account or fund in |
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the state treasury revenue the department receives from an |
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inspection station under this section. |
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(d) The department annually shall remit to a county that |
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imposes a fee under this section revenue the department receives |
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from the inspection stations in the county under this section. |
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(e) A fee imposed under this section is not a Clean Air Act |
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fee. |
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(f) The department may deduct for administrative costs an |
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amount of not more than two percent of the fees collected under this |
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section. |
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SECTION 3. Section 548.508, Transportation Code, is amended |
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to read as follows: |
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Sec. 548.508. DISPOSITION OF FEES. Except as provided by |
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Sections 382.0622 and 382.202, Health and Safety Code, and Sections |
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[Section] 548.5055[,] and 548.5056, each fee collected by the |
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department under this subchapter shall be deposited to the credit |
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of the Texas mobility fund. |
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SECTION 4. This Act takes effect September 1, 2013. |