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  84R28386 JXC-F
 
  By: McClendon H.B. No. 457
 
  Substitute the following for H.B. No. 457:
 
  By:  Pickett C.S.H.B. No. 457
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Texas emissions reduction plan, including the use
  of money in the Texas emissions reduction plan fund for rail
  projects.
         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,
  2023 [2019].
         SECTION 2.  Subchapter F, Chapter 386, Health and Safety
  Code, is amended by adding Section 386.253 to read as follows:
         Sec. 386.253.  RAIL PROJECTS. A rail project, including a
  rail relocation and improvement project, that meets the criteria of
  a program established under this chapter is eligible to receive a
  grant or other funding from the Texas emissions reduction plan
  fund.
         SECTION 3.  Sections 501.138(b-2) and (b-3), Transportation
  Code, are amended to read as follows:
         (b-2)  The comptroller shall establish a record of the amount
  of the fees deposited to the credit of the Texas Mobility Fund under
  Subsection (b-1).  On or before the fifth workday of each month,
  the Texas Department of Transportation 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
  fees deposited by the comptroller to the credit of the Texas
  Mobility Fund under Subsection (b-1) in the preceding month.  The
  Texas Department of Transportation shall use for remittance to the
  comptroller as required by this subsection money in the state
  highway fund that is not required to be used for a purpose specified
  by Section 7-a, Article VIII, Texas Constitution, and may not use
  for that remittance money received by this state under the
  congestion mitigation and air quality improvement program
  established under 23 U.S.C. Section 149. A rail project, including
  a rail relocation and improvement project, that meets the criteria
  of a program established under the Texas emissions reduction plan
  is eligible to receive a grant or other funding from the Texas
  emissions reduction plan fund out of money deposited to the fund
  under this subsection.
         (b-3)  This subsection and Subsection (b-2) expire August
  31, 2023 [2019].
         SECTION 4.  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, 2015.