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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 other emissions-related inspection fees are |
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collected. |
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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) In this section: |
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(1) "Department" means the Texas Department of Motor |
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Vehicles. |
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(2) "State-funded air quality program" means: |
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(A) the low-income vehicle repair assistance, |
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retrofit, and accelerated vehicle retirement program under Section |
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382.209; and |
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(B) a local initiative project program under |
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Section 382.220. |
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(b) An affected county in which a fee is not collected for a |
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state-funded air quality program and that has incidents |
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approaching, or monitors incidents that exceed, the eight-hour |
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national ambient air quality standard for ozone may by order adopt a |
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county air quality fee to be used by the county only for a |
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county-funded version of a state-funded air quality program. The |
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county-funded program must be overseen by the commission. |
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(c) A county may not discontinue a state-funded air quality |
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program in the county in anticipation of imposing a fee under this |
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section if the discontinuance would cause a violation of 42 U.S.C. |
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Section 7511d. |
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(d) A fee imposed under this section is not a Clean Air Act |
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fee. |
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(e) A county that adopts a fee under this section shall |
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notify the department, in a manner determined by the department, of |
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the fee and the fee amount not later than the 60th day before the |
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date the county imposes the fee. |
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(f) The amount of a fee imposed under this section must be: |
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(1) in an amount equal to the amount of a fee that was |
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imposed in the county for the purposes of a state-funded air quality |
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program before the county imposed the fee under this section, if |
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applicable; or |
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(2) in an amount the county determines is necessary to |
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cover the costs to the county of implementing a county-funded |
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version of a state-funded air quality program, as approved by the |
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commission. |
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(g) The county assessor-collector of a county imposing a fee |
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under this section shall collect the additional fee for a vehicle at |
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the time of registration, when other fees imposed under this |
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chapter and Chapter 548, Transportation Code, are collected under |
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Section 548.509, Transportation Code. |
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(h) The department shall collect the additional fee on a |
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vehicle that is owned by a resident of a county imposing a fee under |
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this section and that must be registered directly with the |
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department. The department shall send all fees collected for a |
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county under this subsection to the county treasurer. The |
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department may deduct for administrative costs an amount of not |
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more than two percent of the amount of fees collected under this |
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section. |
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(i) The department shall adopt rules necessary to implement |
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this section. |
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SECTION 2. (a) Notwithstanding Section 382.221(e), Health |
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and Safety Code, as added by this Act, the first county in this |
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state that adopts a fee under Section 382.221, Health and Safety |
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Code, as added by this Act, must notify the Texas Department of |
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Motor Vehicles, in a manner determined by the department, of the fee |
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and the fee amount not later than the 120th day before the date the |
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county imposes the fee. |
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(b) A second or subsequent county in this state that adopts |
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a fee under Section 382.221, Health and Safety Code, as added by |
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this Act, may not impose the adopted fee before the date the county |
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described by Subsection (a) of this section imposes the fee adopted |
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by that county. |
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SECTION 3. This Act takes effect September 1, 2015. |