84R4475 SLB-D
 
  By: Leach H.B. No. 1031
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to funding for certain roadway projects intended to
  improve or maintain air quality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle Z, Title 6, Transportation Code, is
  amended by adding Chapter 473 to read as follows:
  CHAPTER 473. ROADWAY PROJECTS FOR CLEAN AIR
         Sec. 473.001.  DEFINITIONS. In this chapter:
               (1)  "Account" means the clean air roadway project
  account.
               (2)  "Roadway project" means the construction,
  reconstruction, or maintenance of roadway transportation
  infrastructure, or the implementation of a roadway transportation
  program.
         Sec. 473.002.  CLEAN AIR ROADWAY PROJECT ACCOUNT. (a) The
  clean air roadway project account is an account in the general
  revenue fund. The account consists of money transferred to the
  credit of the account under Subsections (b) and (c) and the interest
  or other returns on investment of money in the account. Section
  404.071, Government Code, does not apply to the account.
         (b)  As soon as practicable after the last day of each
  quarter of the state fiscal year, the comptroller shall transfer to
  the account from the clean air account an amount equal to one-third
  of all the money deposited to the credit of the clean air account
  during that preceding quarter other than:
               (1)  money credited to the clean air account in
  accordance with Section 382.051866 or 386.252(a)(10), Health and
  Safety Code; or
               (2)  a gift, grant, or donation credited to the clean
  air account.
         (c)  As soon as practicable after the last day of each
  quarter of the state fiscal year, the comptroller shall transfer to
  the account from the Texas emissions reduction plan fund an amount
  equal to one-third of the money deposited to the credit of the Texas
  emissions reduction plan fund during that quarter.
         (d)  As soon as practicable after the last day of each state
  fiscal year, the comptroller shall transfer from the account the
  unappropriated and unencumbered balance of the account to the clean
  air account and the Texas emissions reduction plan fund. The
  comptroller must allocate the total amount transferred under this
  subsection so that:
               (1)  the amount transferred to the clean air account
  bears the same proportion to the total amount transferred under
  this subsection as the total of the amounts transferred from the
  clean air account under Subsection (b) during that preceding fiscal
  year bears to the total of the amounts transferred under
  Subsections (b) and (c) during that preceding fiscal year; and
               (2)  the amount transferred to the Texas emissions
  reduction plan fund bears the same proportion to the total amount
  transferred under this subsection as the total of the amounts
  transferred from the Texas emissions reduction plan fund under
  Subsection (c) during that preceding fiscal year bears to the total
  of the amounts transferred under Subsections (b) and (c) during
  that preceding fiscal year.
         Sec. 473.003.  USE OF ACCOUNT. (a) Money in the account may
  be appropriated only to fund roadway projects designed to improve
  or prevent the deterioration of ambient air quality.  Money in the
  account may not be appropriated to fund a toll road.
         (b)  The department, in consultation with the Texas
  Commission on Environmental Quality, shall determine which roadway
  projects are eligible to be funded by money appropriated from the
  account.
         SECTION 2.  Section 382.0622(b), Health and Safety Code, is
  amended to read as follows:
         (b)  Except as provided by Subsection (b-1), Clean Air Act
  fees:
               (1)  shall be deposited in the state treasury to the
  credit of the clean air account; and
               (2)  shall be used to safeguard the air resources of the
  state, including through roadway projects under Chapter 473,
  Transportation Code.
         SECTION 3.  Section 382.202(k), Health and Safety Code, is
  amended to read as follows:
         (k)  The commission by rule may establish classes of vehicles
  that are exempt from vehicle emissions inspections and by rule may
  establish procedures to allow and review petitions for the
  exemption of individual vehicles, according to criteria
  established by commission rule. Rules adopted by the commission
  under this subsection must be consistent with federal law. The
  commission by rule may establish fees to recover the costs of
  administering this subsection. Fees collected under this
  subsection shall be deposited to the credit of the clean air
  account[, an account] in the general revenue fund[, and may be used
  only for the purposes of this section].
         SECTION 4.  This Act takes effect September 1, 2015.