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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of and funding for the Texas |
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emissions reduction plan; reducing a surcharge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 386.051(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Under the plan, the commission and the comptroller shall |
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provide grants or other funding for: |
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(1) the diesel emissions reduction incentive program |
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established under Subchapter C, including for infrastructure |
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projects established under that subchapter; |
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(2) the motor vehicle purchase or lease incentive |
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program established under Subchapter D; |
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(3) the air quality research support program |
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established under Chapter 387; |
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(4) the clean school bus program established under |
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Chapter 390; |
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(5) the new technology implementation grant program |
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established under Chapter 391; |
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(6) the regional air monitoring program established |
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under Section 386.252(a); |
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(7) a health effects study as provided by Section |
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386.252(a); |
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(8) air quality planning activities as provided by |
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Section 386.252(d); |
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(9) a contract with the Energy Systems Laboratory at |
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the Texas A&M Engineering Experiment Station for computation of |
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creditable statewide emissions reductions as provided by Section |
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386.252(a); |
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(10) the Texas clean fleet program established under |
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Chapter 392; |
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(11) the Texas alternative fueling facilities program |
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established under Chapter 393; |
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(12) the Texas natural gas vehicle grant program |
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established under Chapter 394; |
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(13) other programs the commission may develop that |
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lead to reduced emissions of nitrogen oxides, particulate matter, |
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or volatile organic compounds in a nonattainment area or affected |
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county; |
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(14) other programs the commission may develop that |
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support congestion mitigation to reduce mobile source ozone |
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precursor emissions; |
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(15) the seaport and rail yard areas emissions |
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reduction program established under Subchapter D-1; |
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(16) conducting research and other activities |
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associated with making any necessary demonstrations to the United |
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States Environmental Protection Agency to account for the impact of |
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foreign emissions or an exceptional event; |
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(17) studies of or pilot programs for incentives for |
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port authorities located in nonattainment areas or affected |
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counties as provided by Section 386.252(a); [and] |
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(18) the governmental alternative fuel fleet grant |
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program established under Chapter 395; and |
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(19) the energy efficiency loan guarantee program |
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established under Section 388.013. |
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SECTION 2. Section 386.252(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Money in the fund may be used only to implement and |
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administer programs established under the plan. Subject to the |
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reallocation of funds by the commission under Subsection (h), money |
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appropriated to the commission to be used for the programs under |
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Section 386.051(b) shall initially be allocated as follows: |
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(1) four percent may be used for the clean school bus |
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program under Chapter 390; |
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(2) three percent may be used for the new technology |
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implementation grant program under Chapter 391, from which at least |
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$1 million will be set aside for electricity storage projects |
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related to renewable energy; |
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(3) five percent may be used for the Texas clean fleet |
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program under Chapter 392; |
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(4) not more than $3 million may be used by the |
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commission to fund a regional air monitoring program in commission |
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Regions 3 and 4 to be implemented under the commission's oversight, |
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including direction regarding the type, number, location, and |
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operation of, and data validation practices for, monitors funded by |
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the program through a regional nonprofit entity located in North |
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Texas having representation from counties, municipalities, higher |
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education institutions, and private sector interests across the |
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area; |
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(5) 10 percent may be used for the Texas natural gas |
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vehicle grant program under Chapter 394; |
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(6) not more than $6 million may be used for the Texas |
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alternative fueling facilities program under Chapter 393, of which |
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a specified amount may be used for fueling stations to provide |
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natural gas fuel, except that money may not be allocated for the |
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Texas alternative fueling facilities program for the state fiscal |
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year ending August 31, 2019; |
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(7) not more than $750,000 may be used each year to |
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support research related to air quality as provided by Chapter 387; |
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(8) not more than $200,000 may be used for a health |
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effects study; |
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(9) at least $6 million but not more than $8 million is |
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allocated to the commission for administrative costs, including all |
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direct and indirect costs for administering the plan, costs for |
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conducting outreach and education activities, and costs |
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attributable to the review or approval of applications for |
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marketable emissions reduction credits; |
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(10) six percent may be used by the commission for the |
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seaport and rail yard areas emissions reduction program established |
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under Subchapter D-1; |
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(11) five percent may be used for the light-duty motor |
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vehicle purchase or lease incentive program established under |
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Subchapter D; |
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(12) not more than $216,000 is allocated to the |
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commission to contract with the Energy Systems Laboratory at the |
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Texas A&M Engineering Experiment Station annually for the |
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development and annual computation of creditable statewide |
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emissions reductions obtained through wind and other renewable |
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energy resources for the state implementation plan; |
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(13) not more than $500,000 may be used for studies of |
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or pilot programs for incentives for port authorities located in |
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nonattainment areas or affected counties to encourage cargo |
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movement that reduces emissions of nitrogen oxides and particulate |
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matter; [and] |
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(14) at least $1 million and not more than $5 million |
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shall be allocated for the energy efficiency loan guarantee program |
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established under Section 388.013; and |
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(15) the balance is to be used by the commission for |
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the diesel emissions reduction incentive program under Subchapter C |
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as determined by the commission. |
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SECTION 3. Section 388.005(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) Each political subdivision, institution of higher |
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education, or state agency shall establish a goal to reduce the |
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electric consumption by the entity by at least five percent each |
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state fiscal year for seven [10] years, beginning September 1, 2019 |
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[2011]. |
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SECTION 4. Chapter 388, Health and Safety Code, is amended |
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by adding Section 388.013 to read as follows: |
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Sec. 388.013. ENERGY EFFICIENCY LOAN GUARANTEE PROGRAM. |
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(a) The comptroller and the State Energy Conservation Office by |
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rule shall establish and administer a program that issues or |
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guarantees loans to be used for improvements that increase the |
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energy efficiency of residences that are not newly constructed. |
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(b) Rules adopted under this section must establish |
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eligibility requirements for receipt of a loan issued or guaranteed |
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under this section, including emissions reduction |
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cost-effectiveness criteria. |
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(c) The State Energy Conservation Office annually shall |
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submit to the commission and the laboratory a report that: |
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(1) evaluates the effectiveness of the program |
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established under this section; and |
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(2) quantifies energy savings and emissions |
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reductions as a result of this program for consideration in the |
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state implementation plan for emissions reduction credit. |
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SECTION 5. Section 389.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 389.002. USE OF CERTAIN INFORMATION FOR FEDERAL |
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RECOGNITION OF EMISSIONS REDUCTIONS. The commission, using |
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information derived from the reports to the commission under |
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Sections 386.205, 388.003(e), [and] 388.006, and 388.013, shall |
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take all appropriate and necessary actions so that emissions |
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reductions achieved by means of activities under Chapters 386 and |
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388 are credited by the United States Environmental Protection |
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Agency to the appropriate emissions reduction objectives in the |
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state implementation plan. |
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SECTION 6. Sections 151.0515(b) and (d), Tax Code, are |
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amended to read as follows: |
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(b) In each county in this state, a surcharge is imposed on |
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the retail sale, lease, or rental of new or used equipment in an |
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amount equal to one [1.5] percent of the sale price or the lease or |
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rental amount. |
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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 the notice required by Section |
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382.037, Health and Safety Code [August 31, 2019]. |
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SECTION 7. 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 the notice required by Section |
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382.037, Health and Safety Code [August 31, 2019]. |
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SECTION 8. Sections 501.138(b-1), (b-2), and (b-3), |
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Transportation Code, are amended to read as follows: |
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(b-1) 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[, except that $5 of each fee imposed under Subsection (a)(1)
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and deposited on or after September 1, 2008, and before September 1,
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2015, shall be deposited to the credit of the Texas emissions
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reduction plan 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 Mobility Fund under |
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Subsection (b-1) that are attributable to applicants described by |
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Subsection (b)(3)(A). On or before the fifth workday of each |
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month, the Texas Department of Transportation shall remit to the |
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comptroller for deposit to the credit of the Texas emissions |
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reduction plan fund an amount of money equal to the amount of those |
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[the] fees deposited [by the comptroller to the credit of the Texas
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Mobility Fund under Subsection (b-1)] in the preceding month. The |
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Texas 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 Subsection (b-2) expire on the |
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last day of the state fiscal biennium during which the Texas |
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Commission on Environmental Quality publishes in the Texas Register |
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the notice required by Section 382.037, Health and Safety Code |
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[August 31, 2019]. |
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SECTION 9. 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 the notice required by Section |
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382.037, Health and Safety Code [August 31, 2019]. |
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SECTION 10. 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 11. 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 the notice required by Section 382.037, Health and |
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Safety Code [August 31, 2019]. |
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SECTION 12. Sections 8(a-2) and (b), Chapter 755 (S.B. |
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1731), Acts of the 85th Legislature, Regular Session, 2017, are |
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repealed. |
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SECTION 13. The Texas Department of Transportation is not |
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required to comply with Section 501.138(b-2), Transportation Code, |
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as amended by this Act, until October 1, 2019. Before October 1, |
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2019, the Texas Department of Transportation shall comply with |
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Section 501.138(b-2), Transportation Code, as it existed on the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 14. This Act takes effect August 30, 2019. |