86R4193 JXC-D

By: Patterson H.B. No. 2664

A BILL TO BE ENTITLED

AN ACT

relating to the repeal of the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program and the use of remaining funds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 382.202, Health and Safety Code, is amended by adding Subsection (q) to read as follows:

(q) A county may agree to contract with any appropriate entity, including a metropolitan planning organization or a council of governments, to implement a program under this section.

SECTION 2. Section 382.216, Health and Safety Code, is amended to read as follows:

Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The commission, the Texas Department of Transportation, and the Public Safety Commission may, subject to federal limitations:

(1) encourage counties likely to exceed federal clean air standards to implement voluntary[:

[(A)] motor vehicle emissions inspection and maintenance programs[; and

[(B) low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement programs];

(2) establish incentives for counties to voluntarily implement motor vehicle emissions inspection and maintenance programs [and low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement programs]; and

(3) designate a county that voluntarily implements a motor vehicle emissions inspection and maintenance program [or a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program] as a "Clean Air County" and give preference to a county designated as a Clean Air County in any federal or state clean air grant program.

SECTION 3. Section 382.220, Health and Safety Code, is amended to read as follows:

Sec. 382.220. USE OF FUNDING FOR LOCAL INITIATIVE PROGRAMS [PROJECTS]. (a) Money from fees collected under Section 382.202 or 382.302 may be [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-1) 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[, 382.209,] or this section.

(b) A program authorized by [under] this section must be implemented in consultation with the commission.

(c) A county that receives money under this section may use the money to fund [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;

(2) [(3) develop and implement projects to] implement the commission's smoking vehicle program;

(3) [(4) develop and implement projects] in consultation with the director of the Department of Public Safety, coordinate [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;

(4) [(5) develop and implement programs to] enhance transportation system improvements, including improvements meant to reduce congestion on existing roads, but not including toll projects; or

(5) [(6) develop and] implement new air control strategies designed to assist local areas in complying with state and federal air quality rules and regulations.

(d) [(c)] Money that is made available for the implementation of a program under Subsection (c) [(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.

(e) [(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 programs [projects] described by Subsection (c) [(b)], of which $2 million may be used only for projects described by Subsection (c)(3) [(b)(4)]. The remaining $5 million may be used for any program [project] described by Subsection (c) [(b)].

(f) The fees described by Subsection (e) 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 (c) [(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.

(g) The commission shall distribute available money collected under Section 382.202(e) that was designated for the former low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program to counties that participated in that program. The commission shall distribute the money in reasonable proportion to the amount of fees collected under Section 382.202(e) in those counties or in the regions in which those counties are located. A county that receives money under this subsection may use the money only to fund a program authorized by this section. This subsection expires September 1, 2023.

SECTION 4. The following provisions of the Health and Safety Code are repealed:

(1) Section 382.003(10-a);

(2) Sections 382.201(4), (5), and (6);

(3) Sections 382.202(g) and 382.205(f);

(4) Sections 382.209, 382.210, 382.211, 382.212, 382.213, 382.214, and 382.219; and

(5) Section 382.302(e).

SECTION 5. This Act takes effect September 1, 2019.