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  84R3313 JTS-D
 
  By: Hinojosa S.B. No. 321
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amount of money transferred monthly from the state
  highway fund to the Texas emissions reduction plan fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 501.138(b-1) and (b-2), Transportation
  Code, are amended to read as follows:
         (b-1)  Fees collected under Subsection (b) to be sent to the
  comptroller shall be deposited to the credit of the Texas Mobility
  Fund[, except that $5 of each fee imposed under Subsection (a)(1)
  and deposited on or after September 1, 2008, and before September 1,
  2015, shall be deposited to the credit of the Texas emissions
  reduction plan fund].
         (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) that are attributable to applicants from counties
  in which a fee under Section 185 of the federal Clean Air Act (42
  U.S.C. Section 7511d) is assessed.  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 those
  [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.
         SECTION 2.  The Texas Department of Transportation is not
  required to comply with Section 501.138(b-2), Transportation Code,
  as amended by this Act, until October 1, 2015. Before October 1,
  2015, the Texas Department of Transportation shall comply with
  Section 501.138(b-2), Transportation Code, as it existed on August
  31, 2015, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2015.