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A BILL TO BE ENTITLED
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AN ACT
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relating to sources of funding for the Texas emissions reduction |
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plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 151.0515(d), Tax Code, is amended to |
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read as follows: |
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(d) This section expires on the last day of the state fiscal |
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biennium during which the Texas Commission on Environmental Quality |
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publishes in the Texas Register certification that, with respect to |
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each national ambient air quality standard for ozone under 40 |
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C.F.R. Section 81.344, the United States Environmental Protection |
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Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2019]. |
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SECTION 2. Section 152.0215(c), Tax Code, is amended to |
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read as follows: |
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(c) This section expires on the last day of the state fiscal |
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biennium during which the Texas Commission on Environmental Quality |
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publishes in the Texas Register certification that, with respect to |
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each national ambient air quality standard for ozone under 40 |
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C.F.R. Section 81.344, the United States Environmental Protection |
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Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2019]. |
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SECTION 3. Section 501.138, Transportation Code, is amended |
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by amending Subsections (b-1), (b-2), and (b-3) and adding |
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Subsection (b-4) to read as follows: |
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(b-1) Except as provided by Subsection (b-4), fees [Fees] |
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collected under Subsection (b) to be sent to the comptroller shall |
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be deposited to the credit of the Texas [Mobility Fund, except that
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$5 of each fee imposed under Subsection (a)(1) and deposited on or
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after September 1, 2008, and before September 1, 2015, shall be
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deposited to the credit of the Texas] emissions reduction plan |
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fund. |
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(b-2) The comptroller shall establish a record of the amount |
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of the fees deposited to the credit of the Texas emissions reduction |
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plan fund [Mobility Fund] under Subsection (b-1). On or before the |
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fifth workday of each month, the Texas Department of Transportation |
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shall remit to the comptroller for deposit to the credit of the |
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Texas Mobility Fund [emissions reduction plan fund] an amount of |
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money equal to the amount of the fees deposited by the comptroller |
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to the credit of the Texas emissions reduction plan fund [Mobility
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Fund] under Subsection (b-1) in the preceding month. The Texas |
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Department of Transportation shall use for remittance to the |
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comptroller as required by this subsection money in the state |
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highway fund that is not required to be used for a purpose specified |
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by Section 7-a, Article VIII, Texas Constitution, and may not use |
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for that remittance money received by this state under the |
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congestion mitigation and air quality improvement program |
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established under 23 U.S.C. Section 149. |
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(b-3) This subsection and Subsections (b-1) and |
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[Subsection] (b-2) expire on the last day of the state fiscal |
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biennium during which the Texas Commission on Environmental Quality |
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publishes in the Texas Register certification that, with respect to |
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each national ambient air quality standard for ozone under 40 |
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C.F.R. Section 81.344, the United States Environmental Protection |
|
Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2019]. |
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(b-4) Fees collected under Subsection (b) to be sent to the |
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comptroller shall be deposited to the credit of the Texas Mobility |
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Fund if the fees are collected on or after the last day of the state |
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fiscal biennium during which the Texas Commission on Environmental |
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Quality publishes in the Texas Register certification that, with |
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respect to each national ambient air quality standard for ozone |
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under 40 C.F.R. Section 81.344, the United States Environmental |
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Protection Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area. |
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SECTION 4. Section 502.358(c), Transportation Code, is |
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amended to read as follows: |
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(c) This section expires on the last day of the state fiscal |
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biennium during which the Texas Commission on Environmental Quality |
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publishes in the Texas Register certification that, with respect to |
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each national ambient air quality standard for ozone under 40 |
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C.F.R. Section 81.344, the United States Environmental Protection |
|
Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2019]. |
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SECTION 5. The heading to Section 548.5055, Transportation |
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Code, is amended to read as follows: |
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Sec. 548.5055. TEXAS EMISSIONS [EMISSION] REDUCTION PLAN |
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FEE. |
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SECTION 6. Sections 548.5055(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) The department shall remit fees collected under this |
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section to the comptroller at the time and in the manner prescribed |
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by the comptroller for deposit in the Texas emissions [emission] |
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reduction plan fund. |
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(c) This section expires on the last day of the state fiscal |
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biennium during which the conservation commission publishes in the |
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Texas Register certification that, with respect to each national |
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ambient air quality standard for ozone under 40 C.F.R. Section |
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81.344, the United States Environmental Protection Agency has, for |
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each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2019]. |
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SECTION 7. The changes in law made by this Act to Section |
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501.138, Transportation Code, apply only to a fee collected on or |
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after the effective date of this Act. A fee collected before the |
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effective date of this Act is governed by the law in effect when the |
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fee was collected, and the former law is continued in effect for |
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that purpose. |
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SECTION 8. This Act takes effect September 1, 2017, but only |
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if S.B. 26, or similar legislation of the 85th Legislature, Regular |
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Session, 2017, that changes the expiration dates for the Texas |
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emissions reduction plan and certain programs funded under that |
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plan becomes law. If such a bill does not become law, this Act has no |
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effect. |