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A BILL TO BE ENTITLED
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AN ACT
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relating to local initiatives programs under the Texas Clean Air |
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Act and the repeal of the low-income vehicle repair assistance, |
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retrofit, and accelerated vehicle retirement program; authorizing |
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a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.201(4), Health and Safety Code, is |
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amended to read as follows: |
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(4) "Participating county" means an affected county in |
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which the commissioners court by resolution has chosen to implement |
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a local initiatives [low-income vehicle repair assistance,
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retrofit, and accelerated vehicle retirement] program authorized |
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by Section 382.220 [382.209]. |
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SECTION 2. Section 382.202, Health and Safety Code, is |
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amended by adding Subsection (g-1) to read as follows: |
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(g-1) The commissioners court of a participating county by |
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order may impose an additional fee, not to exceed $6, for a vehicle |
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inspected in the county. A fee imposed under this subsection may |
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take effect and be removed in accordance with the requirements of |
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Section 382.220. The additional fee shall be collected for a |
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vehicle at the same time other fees imposed under this chapter are |
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collected. The fee revenue collected shall be retained by the |
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county in a separate account to be used only for the purposes |
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specified by Section 382.220. |
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SECTION 3. Section 382.216, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN |
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VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The |
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commission, the Texas Department of Transportation, and the Public |
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Safety Commission may, subject to federal limitations: |
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(1) encourage counties likely to exceed federal clean |
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air standards to implement voluntary[:
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[(A)] motor vehicle emissions inspection and |
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maintenance programs[; and
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[(B)
low-income vehicle repair assistance,
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retrofit, and accelerated vehicle retirement programs]; |
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(2) establish incentives for counties to voluntarily |
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implement motor vehicle emissions inspection and maintenance |
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programs [and low-income vehicle repair assistance, retrofit, and
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accelerated vehicle retirement programs]; and |
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(3) designate a county that voluntarily implements a |
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motor vehicle emissions inspection and maintenance program [or a
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low-income vehicle repair assistance, retrofit, and accelerated
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vehicle retirement program] as a "Clean Air County" and give |
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preference to a county designated as a Clean Air County in any |
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federal or state clean air grant program. |
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SECTION 4. Section 382.220, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.220. [USE OF FUNDING FOR] LOCAL INITIATIVES |
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PROGRAM [INITIATIVE PROJECTS]. (a) The commission and the Public |
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Safety Commission by joint rule shall establish and authorize the |
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commissioners court of an affected county to implement a local |
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initiatives program subject to agency oversight that may include |
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reasonable periodic commission audits. |
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(b) The local initiatives program must be funded with |
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available money collected under Section 382.202 or 382.302 or other |
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designated and available money. The program shall be [Money that is
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made available to participating counties under Section 382.202(g)
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or 382.302 may be appropriated only for programs] administered in |
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accordance with Chapter 783, Government Code[, to improve air
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quality]. |
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(c) A participating county may agree to contract with any |
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appropriate entity, including a metropolitan planning organization |
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or a council of governments, to implement a program under Section |
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382.202[, 382.209,] or this section. |
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(d) [(b)] A program under this section must be approved by |
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the commissioners court of the county in which the program is |
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located [implemented in consultation with the commission] and may |
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include a program to: |
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(1) develop and implement projects supporting freeway |
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incident management and associated first responders [expand and
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enhance the AirCheck Texas Repair and Replacement Assistance
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Program]; |
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(2) develop and implement programs or systems that |
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remotely determine vehicle emissions and notify the vehicle's |
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operator; |
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(3) develop and implement projects to implement the |
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commission's smoking vehicle program; |
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(4) develop and implement projects in consultation |
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with the director of the Department of Public Safety for |
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coordinating with local law enforcement officials to reduce the use |
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of counterfeit registration insignia, temporary registration |
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plates, and vehicle inspection reports by providing local law |
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enforcement officials with funds to identify vehicles with |
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counterfeit registration insignia, temporary registration plates, |
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and vehicle inspection reports and to carry out appropriate |
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actions; |
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(5) develop and implement programs to enhance |
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transportation system improvements; [or] |
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(6) develop and implement new air control strategies |
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designed to assist local areas in complying with state and federal |
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air quality rules and regulations; |
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(7) develop and implement regional data collection |
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efforts for air quality and multimodal transportation data to |
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improve efficiency of transportation systems; or |
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(8) establish publicly accessible refueling |
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infrastructure for alternative fuel vehicles. |
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(e) [(c)
Money that is made available for the
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implementation of a program under Subsection (b) may not be
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expended for local government fleet or vehicle acquisition or
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replacement, call center management, application oversight,
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invoice analysis, education, outreach, or advertising purposes.
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[(d)] Fees collected under Sections 382.202 and 382.302 may |
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be used by participating counties [in an amount not to exceed $7
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million per fiscal year for projects described by Subsection (b),
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of which $2 million may be used] only for projects described by |
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Subsection (d) [(b)(4)]. |
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(f) The commissioners court of a participating county may |
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adopt a resolution to end fee collection for the local initiatives |
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program in the county. The commissioners court shall submit the |
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resolution to the commission and to the county tax |
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assessor-collector. The resolution must include a date after which |
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a fee may not be imposed under Section 382.202 or 382.302 for the |
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purposes of the county's local initiatives program on vehicles |
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being inspected or registered in the county. The date must be: |
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(1) the first day of a month; and |
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(2) at least 90 days after the date the resolution is |
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submitted to the commission. |
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(g) On receipt of a resolution under Subsection (f), the |
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commission shall notify in writing the Texas Department of Motor |
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Vehicles, the Department of Public Safety, and the Legislative |
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Budget Board that a fee may not be imposed under Section 382.202 or |
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382.302 for the purposes of the county's local initiatives program |
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on vehicles being inspected or registered in the county after the |
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date established under Subsection (f). |
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(h) The commission shall distribute available money |
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collected under Section 382.202(e) that was designated for the |
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former low-income vehicle repair assistance, retrofit, and |
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accelerated vehicle retirement program to counties that |
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participated in that program. The commission shall distribute the |
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money in reasonable proportion to the amount of fees collected |
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under Section 382.202(e) in those counties or in the regions in |
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which those counties are located. A county that receives money |
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under this subsection may use the money only to fund a program |
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authorized by this section. This subsection expires September 1, |
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2023. [The remaining $5 million may be used for any project
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described by Subsection (b).
The fees shall be made available only
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to counties participating in the low-income vehicle repair
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assistance, retrofit, and accelerated vehicle retirement programs
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created under Section 382.209 and only on a matching basis, whereby
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the commission provides money to a county in the same amount that
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the county dedicates to a project authorized by Subsection (b).
The
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commission may reduce the match requirement for a county that
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proposes to develop and implement independent test facility fraud
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detection programs, including the use of remote sensing technology
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for coordinating with law enforcement officials to detect, prevent,
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and prosecute the use of counterfeit registration insignia and
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vehicle inspection reports.] |
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SECTION 5. Section 382.302(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) A participating county may participate in a local |
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initiatives [the] program established under Section 382.220 |
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[382.209]. |
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SECTION 6. The following provisions of the Health and |
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Safety Code are repealed: |
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(1) Section 382.003(10-a); |
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(2) Sections 382.201(5) and (6); |
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(3) Sections 382.202(g) and 382.205(f); and |
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(4) Sections 382.209, 382.210, 382.211, 382.212, |
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382.213, 382.214, and 382.219. |
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SECTION 7. The Texas Commission on Environmental Quality is |
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required to implement Section 382.220(h), Health and Safety Code, |
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as added by this Act, only if the legislature appropriates money |
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specifically for that purpose. If the legislature does not |
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appropriate money specifically for that purpose, the commission |
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may, but is not required to, implement Section 382.220(h), Health |
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and Safety Code, as added by this Act, using other appropriations |
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available for that purpose. |
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SECTION 8. This Act takes effect September 1, 2019. |
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* * * * * |