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A BILL TO BE ENTITLED
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AN ACT
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relating to funding for certain roadway projects intended to |
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improve or maintain air quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle Z, Title 6, Transportation Code, is |
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amended by adding Chapter 473 to read as follows: |
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CHAPTER 473. ROADWAY PROJECTS FOR CLEAN AIR |
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Sec. 473.001. DEFINITIONS. In this chapter: |
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(1) "Account" means the clean air roadway project |
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account. |
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(2) "Roadway project" means the construction, |
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reconstruction, or maintenance of roadway transportation |
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infrastructure, or the implementation of a roadway transportation |
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program. |
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Sec. 473.002. CLEAN AIR ROADWAY PROJECT ACCOUNT. (a) The |
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clean air roadway project account is an account in the general |
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revenue fund. The account consists of money transferred to the |
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credit of the account under Subsections (b) and (c) and the interest |
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or other returns on investment of money in the account. Section |
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404.071, Government Code, does not apply to the account. |
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(b) As soon as practicable after the last day of each |
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quarter of the state fiscal year, the comptroller shall transfer to |
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the account from the clean air account an amount equal to one-third |
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of all the money deposited to the credit of the clean air account |
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during that preceding quarter other than: |
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(1) money credited to the clean air account in |
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accordance with Section 382.051866 or 386.252(a)(10), Health and |
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Safety Code; or |
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(2) a gift, grant, or donation credited to the clean |
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air account. |
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(c) As soon as practicable after the last day of each |
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quarter of the state fiscal year, the comptroller shall transfer to |
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the account from the Texas emissions reduction plan fund an amount |
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equal to one-third of the money deposited to the credit of the Texas |
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emissions reduction plan fund during that quarter. |
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(d) As soon as practicable after the last day of each state |
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fiscal year, the comptroller shall transfer from the account the |
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unappropriated and unencumbered balance of the account to the clean |
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air account and the Texas emissions reduction plan fund. The |
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comptroller must allocate the total amount transferred under this |
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subsection so that: |
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(1) the amount transferred to the clean air account |
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bears the same proportion to the total amount transferred under |
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this subsection as the total of the amounts transferred from the |
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clean air account under Subsection (b) during that preceding fiscal |
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year bears to the total of the amounts transferred under |
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Subsections (b) and (c) during that preceding fiscal year; and |
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(2) the amount transferred to the Texas emissions |
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reduction plan fund bears the same proportion to the total amount |
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transferred under this subsection as the total of the amounts |
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transferred from the Texas emissions reduction plan fund under |
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Subsection (c) during that preceding fiscal year bears to the total |
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of the amounts transferred under Subsections (b) and (c) during |
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that preceding fiscal year. |
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Sec. 473.003. USE OF ACCOUNT. (a) Money in the account may |
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be appropriated only to fund roadway projects designed to improve |
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or prevent the deterioration of ambient air quality. Money in the |
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account may not be appropriated to fund a toll road. |
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(b) The department, in consultation with the Texas |
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Commission on Environmental Quality, shall determine which roadway |
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projects are eligible to be funded by money appropriated from the |
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account. |
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SECTION 2. Section 382.0622(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Except as provided by Subsection (b-1), Clean Air Act |
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fees: |
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(1) shall be deposited in the state treasury to the |
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credit of the clean air account; and |
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(2) shall be used to safeguard the air resources of the |
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state, including through roadway projects under Chapter 473, |
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Transportation Code. |
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SECTION 3. Section 382.202(k), Health and Safety Code, is |
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amended to read as follows: |
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(k) The commission by rule may establish classes of vehicles |
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that are exempt from vehicle emissions inspections and by rule may |
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establish procedures to allow and review petitions for the |
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exemption of individual vehicles, according to criteria |
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established by commission rule. Rules adopted by the commission |
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under this subsection must be consistent with federal law. The |
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commission by rule may establish fees to recover the costs of |
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administering this subsection. Fees collected under this |
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subsection shall be deposited to the credit of the clean air |
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account[, an account] in the general revenue fund[, and may be used
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only for the purposes of this section]. |
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SECTION 4. This Act takes effect September 1, 2015. |