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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas emissions reduction plan fund and account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 386.001, Health and Safety Code, is |
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amended by adding Subdivision (1) and amending Subdivision (5) to |
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read as follows: |
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(1) "Account" means the Texas emissions reduction plan |
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account established under Section 386.251. |
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(5) "Fund" means the Texas emissions reduction plan |
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fund established under Section 386.250. |
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SECTION 2. Section 386.057(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) For projects funded as part of the infrastructure |
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program under Subchapter C, the report must: |
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(1) describe and evaluate: |
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(A) the infrastructure facilities funded under |
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that subchapter; |
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(B) the degree to which the funded facilities are |
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supporting on-road or non-road diesel projects; |
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(C) the amount of fuel or electricity dispensed |
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for each facility; and |
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(D) associated emissions reductions and |
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cost-effectiveness; and |
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(2) make a finding regarding the need for additional |
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appropriations from the account [fund] to improve the ability of |
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the program to achieve its goals. |
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SECTION 3. The heading to Subchapter F, Chapter 386, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER F. TEXAS EMISSIONS REDUCTION PLAN FUND AND ACCOUNT |
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SECTION 4. Subchapter F, Chapter 386, Health and Safety |
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Code, is amended by adding Section 386.250 to read as follows: |
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Sec. 386.250. TEXAS EMISSIONS REDUCTION PLAN FUND. (a) The |
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Texas emissions reduction plan fund is established as a trust fund |
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to be held by the comptroller and administered by the commission as |
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trustee. Money in the fund may be spent without legislative |
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appropriation and may be used only as provided by this chapter. |
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Interest and other earnings on the balance of the fund shall be |
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credited to the fund. |
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(b) The fund consists of: |
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(1) the amount of money deposited to the credit of the |
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fund under: |
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(A) Section 386.056; |
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(B) Sections 151.0515 and 152.0215, Tax Code; and |
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(C) Sections 501.138, 502.358, and 548.5055, |
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Transportation Code; and |
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(2) grant money recaptured under Section 386.111(d) |
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and Chapter 391. |
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(c) Not later than the 30th day after the last day of each |
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state fiscal biennium, the commission shall transfer the |
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unencumbered balance of the fund remaining on the last day of the |
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state fiscal biennium to the credit of the Texas emissions |
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reduction plan account. |
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SECTION 5. Section 386.251, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 386.251. TEXAS EMISSIONS REDUCTION PLAN ACCOUNT |
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[FUND]. (a) The Texas emissions reduction plan account [fund] is |
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an account in the state treasury. |
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(b) The account [fund] is administered by the commission for |
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the benefit of the plan established under this chapter. The account |
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[fund] is exempt from the application of Section 403.095, |
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Government Code. Interest earned on the account [fund] shall be |
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credited to the account [fund]. |
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(c) The account [fund] consists of its accumulated balance |
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and [:
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[(1)] the amount of money transferred to the account |
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under Section 386.250(c) [deposited to the credit of the fund
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under:
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[(A) Section 386.056;
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[(B)
Sections 151.0515 and 152.0215, Tax Code;
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and
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[(C)
Sections 501.138, 502.358, and 548.5055,
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Transportation Code; and
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[(2)
grant money recaptured under Section 386.111(d)
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and Chapter 391]. |
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SECTION 6. The heading to Section 386.252, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 386.252. USE OF FUND AND ACCOUNT. |
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SECTION 7. Sections 386.252(a), (b), (e), (f), (g), and |
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(h), Health and Safety Code, are amended to read as follows: |
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(a) Money in the fund and account may be used only to |
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implement and administer programs established under the |
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plan. Subject to the reallocation of funds by the commission under |
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Subsection (h), money from the fund and account [appropriated to
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the commission] to be used for the programs under Section |
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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 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 |
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may be used by [is allocated to] the commission for administrative |
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costs, including all direct and indirect costs for administering |
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the plan, costs for conducting outreach and education activities, |
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and costs attributable to the review or approval of applications |
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for 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 may be used by [is
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allocated to] the commission to contract with the Energy Systems |
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Laboratory at the Texas A&M Engineering Experiment Station annually |
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for the 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) 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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(b) Money in the fund and account may be used by the |
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commission for programs under Sections 386.051(b)(13), (b)(14), |
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and (b-1) [as may be appropriated for those programs]. |
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(e) Money in the fund and account may be used [allocated] |
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for administrative costs incurred by the Energy Systems Laboratory |
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at the Texas A&M Engineering Experiment Station [as may be
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appropriated by the legislature]. |
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(f) Not [To the extent that money is appropriated from the
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fund for that purpose, not] more than $2.5 million from the fund and |
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account may be used by the commission to conduct research and other |
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activities associated with making any necessary demonstrations to |
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the United States Environmental Protection Agency to account for |
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the impact of foreign emissions or an exceptional event. |
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(g) The [To the extent that money is appropriated from the
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fund for that purpose, the] commission may use [that] money from the |
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fund and account to award grants under the governmental alternative |
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fuel fleet grant program established under Chapter 395, except that |
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the commission may not use for that purpose more than three percent |
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of the balance of the fund as of September 1 of each state fiscal |
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year of the biennium for the governmental alternative fuel fleet |
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grant program in that fiscal year. |
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(h) Subject to the limitations outlined in this section [and
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any additional limitations placed on the use of the appropriated
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funds], money allocated under this section to a particular program |
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may be used for another program under the plan as determined by the |
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commission, based on demand for grants for eligible projects under |
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particular programs after the commission solicits projects to which |
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to award grants according to the initial allocation provisions of |
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this section. |
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SECTION 8. Section 395.011, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 395.011. FUNDING. The legislature may appropriate |
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money to the commission from the Texas emissions reduction plan |
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account [fund] established under Section 386.251 to administer the |
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program. |
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SECTION 9. The amendments to Section 386.251, Health and |
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Safety Code, made by this Act do not affect the balance of the Texas |
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Emissions Reduction Plan Account No. 5071 remaining on the |
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effective date of this Act. |
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SECTION 10. This Act takes effect September 1, 2019. |