|  | 
         
            |  | 
         
            |  | A BILL TO BE ENTITLED | 
         
            |  | AN ACT | 
         
            |  | relating to the eligibility for grants for alternative fueling | 
         
            |  | facilities. | 
         
            |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
            |  | SECTION 1.  Section 393.004(b), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (b)  Except as otherwise provided by this subsection, the | 
         
            |  | [ The] prioritization criteria established under Subsection (a) | 
         
            |  | must provide that, for each grant round, the commission may not | 
         
            |  | award a grant to an entity that does not agree to make the | 
         
            |  | alternative fueling facility accessible and available to the public | 
         
            |  | at times designated by the grant contract until each eligible | 
         
            |  | entity that does agree to those terms has been awarded a grant.  The | 
         
            |  | prohibition imposed by this subsection does not apply to a facility | 
         
            |  | that is: | 
         
            |  | (1)  owned or operated by a transit authority governed | 
         
            |  | by Chapter 451 or 452, Transportation Code; | 
         
            |  | (2)  located in a county that has a population of more | 
         
            |  | than one million; and | 
         
            |  | (3)  located in a nonattainment area or an affected | 
         
            |  | county, as those terms are defined by Section 386.001. | 
         
            |  | SECTION 2.  The change in law made by this Act applies only | 
         
            |  | to a grant round that begins on or after the effective date of this | 
         
            |  | Act.  A grant round that began before the effective date of this Act | 
         
            |  | is governed by the law in effect on the date the grant round began, | 
         
            |  | and the former law is continued in effect for that purpose. | 
         
            |  | SECTION 3.  This Act takes effect September 1, 2023. |