87R11903 JRR-F
 
  By: Birdwell S.B. No. 1263
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to funding for the Texas emissions reduction plan.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 501.138, Transportation Code, is amended
  by amending Subsections (b-1), (b-2), and (b-3) and adding
  Subsection (b-4) to read as follows:
         (b-1)  Except as provided by Subsection (b-4), fees [Fees]
  collected under Subsection (b) to be sent to the comptroller shall
  be deposited to the credit of the Texas [Mobility Fund, except that
  $5 of each fee imposed under Subsection (a)(1) and deposited on or
  after September 1, 2008, and before September 1, 2015, shall be
  deposited to the credit of the Texas] emissions reduction plan
  fund.
         (b-2)  The comptroller shall establish a record of the amount
  of the fees deposited to the credit of the Texas emissions reduction
  plan fund [Mobility Fund] under Subsection (b-1). On or before the
  fifth workday of each month, the Texas Department of Transportation
  shall remit to the comptroller for deposit to the credit of the
  Texas Mobility Fund [emissions reduction plan fund] an amount of
  money equal to the amount of the fees deposited by the comptroller
  to the credit of the Texas emissions reduction plan fund [Mobility
  Fund] under Subsection (b-1) in the preceding month.  The Texas
  Department of Transportation shall use for remittance to the
  comptroller as required by this subsection money in the state
  highway fund that is not required to be used for a purpose specified
  by Section 7-a, Article VIII, Texas Constitution, and may not use
  for that remittance money received by this state under the
  congestion mitigation and air quality improvement program
  established under 23 U.S.C. Section 149.
         (b-3)  This subsection and Subsections (b-1) and
  [Subsection] (b-2) expire on the last day of the state fiscal
  biennium during which the Texas Commission on Environmental Quality
  publishes in the Texas Register the notice required by Section
  382.037, Health and Safety Code.
         (b-4)  Fees collected under Subsection (b) to be sent to the
  comptroller shall be deposited to the credit of the Texas Mobility
  Fund if the fees are collected on or after the last day of the state
  fiscal biennium during which the Texas Commission on Environmental
  Quality publishes in the Texas Register the notice required by
  Section 382.037, Health and Safety Code.
         SECTION 2.  The change in law made by this Act to Section
  501.138, Transportation Code, applies only to a fee collected on or
  after the effective date of this Act. A fee collected before the
  effective date of this Act is governed by the law in effect when the
  fee was collected, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.