SECTION 3. Sections
382.209(b) and (e), Health and Safety Code, are amended to read as follows:
(b) The commission shall
provide funding for local low-income vehicle repair assistance, retrofit,
and accelerated vehicle retirement programs as provided by Section 382.220
[with available funds collected under Section 382.202, 382.302, or other
designated and available funds]. The programs shall be administered in
accordance with Chapter 783, Government Code. Program costs may include
call center management, application oversight, invoice analysis, education,
outreach, and advertising. Not more than 10 percent of the money provided
to a local low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program [under this section] may be used for the
administration of the program [programs], including program
costs.
(e) A vehicle is not
eligible to participate in a low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program established under this
section unless:
(1) the vehicle is capable
of being operated;
(2) the registration of the
vehicle:
(A) is current; [and]
(B) was issued by the county implementing the
program; and
(C) reflects that
the vehicle has been registered in the county implementing the program for
at least 12 of the 15 months preceding the application for participation in
the program;
(3) the commissioners court
of the county administering the program determines that the vehicle meets
the eligibility criteria adopted by the commission, the Texas Department of
Motor Vehicles, and the Public Safety Commission;
(4) if the vehicle is to be
repaired, the repair is done by a repair facility recognized by the Department
of Public Safety, which may be an independent or private entity licensed by
the state; and
(5) if the vehicle is to be
retired under this subsection and Section 382.213, the replacement vehicle
is a qualifying motor vehicle.
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SECTION 3. Sections 382.209(b)
and (e), Health and Safety Code, are amended to read as follows:
(b) The commission shall
provide funding for local low-income vehicle repair assistance, retrofit,
and accelerated vehicle retirement programs as provided by Section
382.220 [with available funds collected under Section 382.202,
382.302, or other designated and available funds]. The programs shall
be administered in accordance with Chapter 783, Government Code. Program
costs may include call center management, application oversight, invoice
analysis, education, outreach, and advertising. Not more than 10 percent
of the money provided to a local low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program [under this section]
may be used for the administration of the program [programs],
including program costs.
(e) A vehicle is not
eligible to participate in a low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program established under this
section unless:
(1) the vehicle is capable
of being operated;
(2) the registration of the
vehicle:
(A) is current; and
(B)
reflects that the vehicle is [has been] registered in a
[the] county implementing the program [for at least 12 of the 15
months preceding the application for participation in the program];
(3) the commissioners court
of the county administering the program determines that the vehicle meets
the eligibility criteria adopted by the commission, the Texas Department of
Motor Vehicles, and the Public Safety Commission;
(4) if the vehicle is to be
repaired, the repair is done by a repair facility recognized by the
Department of Public Safety, which may be an independent or private entity
licensed by the state; and
(5) if the vehicle is to be
retired under this subsection and Section 382.213, the replacement vehicle
is a qualifying motor vehicle.
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SECTION 5. Section 382.220,
Health and Safety Code, is amended to read as follows:
Sec. 382.220. COUNTY
USE OF MONEY FROM VEHICLE EMISSIONS INSPECTION FEES; [FUNDING FOR]
LOCAL INITIATIVE PROJECTS. (a) The commission:
(1) shall provide funding
to participating counties for local low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement programs under Section 382.209
using:
(A) available funds
derived from fees collected through vehicle emissions inspection and
maintenance programs under Sections 382.202 and 382.302; and
(B) other designated and
available funds; and
(2) may provide funding
to participating counties for local initiative projects under Subsection
(b) using available funds derived from fees collected through vehicle
emissions inspection and maintenance programs under Sections 382.202 and
382.302.
(a-1) A participating
county that implements a local initiative project under Subsection (b) must
use at least 50 percent of the money made available to the county under
Section 382.202(g) or 382.302 for the county's low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement program.
(a-2) Money that is
made available to participating counties under Section 382.202(g) or
382.302 may be appropriated only for programs administered in accordance
with Chapter 783, Government Code, to improve air quality.
(a-3) A participating
county may agree to contract with any appropriate entity, including a
metropolitan planning organization or a council of governments, to
implement a program under Section 382.202 or[,] 382.209[,]
or a project under Subsection (b) [this section].
(b) A participating
county may implement a local initiative project to improve air quality if approved by the commissioners court of
the county. A local
initiative project [program
under this section must be implemented in consultation with the commission
and] may include a program to:
(1) expand and enhance the
AirCheck Texas Repair and Replacement Assistance Program;
(2) develop and implement
programs or systems that remotely determine vehicle emissions and notify
the vehicle's operator;
(3) develop and implement
projects to implement the commission's smoking vehicle program;
(4) develop and implement
projects in consultation with the director of the Department of Public
Safety for coordinating with local law enforcement officials to reduce the
use of counterfeit registration insignia and vehicle inspection reports by
providing local law enforcement officials with funds to identify vehicles
with counterfeit registration insignia and vehicle inspection reports and
to carry out appropriate actions;
(5) develop and implement
programs to enhance transportation system improvements; or
(6) develop and implement
new air control strategies designed to assist local areas in complying with
state and federal air quality rules and regulations.
(c) Money that is made
available for the implementation of a local
initiative project [program]
under Subsection (b) may not be expended for local government fleet or
vehicle acquisition or replacement, call center management, application
oversight, invoice analysis, education, outreach, or advertising purposes.
[(d) Fees collected under
Sections 382.202 and 382.302 may be used in an amount not to exceed $7
million per fiscal year for projects described by Subsection (b), of which
$2 million may be used only for projects described by Subsection (b)(4).
The remaining $5 million may be used for any project described by
Subsection (b). The fees shall be made available only to counties participating
in the low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement programs created under Section 382.209 and only on a
matching basis, whereby the commission provides money to a county in the
same amount that the county dedicates to a project authorized by Subsection
(b). The commission may reduce the match requirement for a county that
proposes to develop and implement independent test facility fraud detection
programs, including the use of remote sensing technology for coordinating
with law enforcement officials to detect, prevent, and prosecute the use of
counterfeit registration insignia and vehicle inspection reports.]
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SECTION 5. Section 382.220,
Health and Safety Code, is amended to read as follows:
Sec. 382.220. COUNTY
USE OF MONEY FROM VEHICLE EMISSIONS INSPECTION FEES; [FUNDING FOR]
LOCAL INITIATIVE PROJECTS. (a) The commission:
(1) shall provide funding
to participating counties for local low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement programs under Section 382.209
using:
(A) available funds
derived from fees collected through vehicle emissions inspection and
maintenance programs under Sections 382.202 and 382.302; and
(B) other designated and
available funds; and
(2) may provide funding
to participating counties for local initiative projects under Subsection
(b) using available funds derived from fees collected through vehicle
emissions inspection and maintenance programs under Sections 382.202 and
382.302.
(a-1) A participating
county that implements a local initiative project under Subsection (b) must
use at least 50 percent of the money made available to the county under
Section 382.202(g) or 382.302 for the county's low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement program.
(a-2) Money that is
made available to participating counties under Section 382.202(g) or
382.302 may be appropriated only for programs administered in accordance
with Chapter 783, Government Code, to improve air quality.
(a-3) A participating
county may agree to contract with any appropriate entity, including a
metropolitan planning organization or a council of governments, to
implement a program under Section 382.202 or[,] 382.209[,]
or a project under Subsection (b) [this section].
(b) A participating
county may implement a local initiative project, which [program
under this section] must be implemented in consultation with the
commission and may include a program to:
(1) expand and enhance the
AirCheck Texas Repair and Replacement Assistance Program;
(2) develop and implement
programs or systems that remotely determine vehicle emissions and notify
the vehicle's operator;
(3) develop and implement
projects to implement the commission's smoking vehicle program;
(4) develop and implement
projects in consultation with the director of the Department of Public
Safety for coordinating with local law enforcement officials to reduce the
use of counterfeit registration insignia and vehicle inspection reports by
providing local law enforcement officials with funds to identify vehicles
with counterfeit registration insignia and vehicle inspection reports and
to carry out appropriate actions;
(5) develop and implement
programs to enhance transportation system improvements; [or]
(6) develop and implement
new air control strategies designed to assist local areas in complying with
state and federal air quality rules and regulations; or
(7) improve air quality through the replacement and retirement
of fleet vehicles as authorized by Subsection (d).
(c) Except as provided by Subsection (d),
money [Money] that is made available for the implementation of a
program under Subsection (b) may
not be expended for local government fleet or vehicle acquisition or
replacement, call center management, application oversight, invoice
analysis, education, outreach, or advertising purposes.
(d)
A participating county may use money that has been allocated by the
commission to the county for a program under Subsection (b) and that has
not been spent by the last day of the fiscal year in which the money was
allocated for the replacement and retirement of local government fleet
vehicles. Money available for use under this subsection must be spent not
later than the second anniversary of the last day of the fiscal year in
which the commission allocated the funds
[Fees collected under
Sections 382.202 and 382.302 may be used in an amount not to exceed $7
million per fiscal year for projects described by Subsection (b), of which
$2 million may be used only for projects described by Subsection (b)(4).
The remaining $5 million may be used for any project described by
Subsection (b). The fees shall be made available only to counties
participating in the low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement programs created under Section 382.209 and
only on a matching basis, whereby the commission provides money to a county
in the same amount that the county dedicates to a project authorized by
Subsection (b). The commission may reduce the match requirement for a
county that proposes to develop and implement independent test facility
fraud detection programs, including the use of remote sensing technology
for coordinating with law enforcement officials to detect, prevent, and
prosecute the use of counterfeit registration insignia and vehicle
inspection reports].
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