H.B. No. 1611




AN ACT
relating to the use of money for the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 382.0622, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (e) to read as follows: (b) Except as provided by Subsections [Subsection] (b-1) and (e), Clean Air Act fees shall be deposited in the state treasury to the credit of the clean air account and shall be used to safeguard the air resources of the state. (e) Fees collected under Section 382.202(e) and 382.302 that are available to fund programs under Section 382.209 but that are not appropriated for that purpose shall be transferred on receipt to the credit of a subaccount of the clean air account in an amount not to exceed $20 million. Money in the subaccount may not be commingled with any other fees in the clean air account or with any other money in the state treasury. Money in the subaccount may be appropriated only for the purposes provided by Section 382.202(q). The subaccount is exempt from the application of Section 403.095, Government Code. SECTION 2. Section 382.202, Health and Safety Code, is amended by adding Subsections (q) and (r) to read as follows: (q) Fees collected under Subsection (e) that are transferred to the credit of a subaccount of the clean air account as required by Section 382.0622(e) may be appropriated only as follows: (1) not more than 70 percent of that money may be appropriated to the commission to be made available to affected or participating counties, as those terms are defined by Sections 382.201 and 382.301, for the purposes authorized by Section 382.217, in an amount that for each county is proportionate to the total amount of fees collected by the county under Subsection (e) in the preceding fiscal year; and (2) not more than 30 percent of that money may be appropriated to the commission to provide grants to projects in affected or participating counties that the commission determines would be eligible to receive grants under Subchapter C, Chapter 386. (r) The commission may apply the same rules, standards, and requirements for the award of a grant under Subsection (q) as the commission applies to a grant awarded under Subchapter C, Chapter 386. SECTION 3. Section 382.209, Health and Safety Code, is amended by amending Subsections (b), (e), and (g) to read as follows: (b) The commission shall provide funding for local low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement programs with available funds collected under Section 382.202, 382.302, or other designated and available funds. The programs shall be administered in accordance with Chapter 783, Government Code. Programmatic costs may include call center management, application oversight, invoice analysis, education, outreach, and advertising. [Not more than five percent of the money provided to a local low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program under this section may be used for administration of the programs.] (e) A vehicle is not eligible to participate in a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program established under this section unless: (1) the vehicle is capable of being operated; (2) the registration of the vehicle: (A) is current; and (B) reflects that the vehicle has been registered in the county implementing the program for the 12 months [two years] preceding the application for participation in the program; (3) the commissioners court of the county administering the program determines that the vehicle meets the eligibility criteria adopted by the commission, the Texas Department of Transportation, and the Public Safety Commission; and (4) if the vehicle is to be repaired, the repair is done by a repair facility recognized by the Department of Public Safety, which may be an independent or private entity licensed by the state. (g) A participating county may contract with any appropriate entity, including the regional council of governments or the metropolitan planning organization in the appropriate region, or with another county for services necessary to implement the participating county's low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program. The participating counties in a nonattainment region or counties participating in an early action compact under Subchapter H may agree to have the money collected in any one county be used in any other participating county in the same region. The participating counties may also agree to contract with any appropriate entity, including the regional metropolitan planning organization or council of governments, to implement a program under Section 382.217. SECTION 4. Subchapter G, Chapter 382, Health and Safety Code, is amended by adding Sections 382.217 and 382.218 to read as follows: Sec. 382.217. USE OF UNEXPENDED VEHICLE REPAIR ASSISTANCE, RETROFIT, AND RETIREMENT MONEY. (a) Money that is made available to affected or participating counties under Section 382.202(q)(1) may be appropriated for programs administered in accordance with Chapter 783, Government Code, to improve air quality. Programmatic costs may include call center management, application oversight, invoice analysis, education, outreach, and advertising. (b) A program under this section must be implemented in consultation with the commission and may include a program to: (1) develop and implement outreach, education, and advertising to increase public awareness of air quality issues, including working with a faith-based group or other type of group that assists low-income individuals to promote participation in a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program; (2) expand and enhance the AirCheck Texas Repair and Replacement Assistance Program; (3) develop and implement programs or systems that remotely determine vehicle emissions and notify the vehicle's operator; (4) develop and implement projects to implement the commission's smoking vehicle program; (5) develop and implement projects to coordinate with local law enforcement officials to reduce the use of counterfeit state inspection stickers; (6) develop and implement programs to enhance transportation system improvements; (7) research, develop, and implement new air control strategies designed to assist local areas to comply with state and federal air quality rules and regulations; and (8) use local money to leverage federal money for air quality purposes. Sec. 382.218. REQUIRED PARTICIPATION BY CERTAIN COUNTIES. (a) This section applies only to a county with a population of 650,000 or more that borders the United Mexican States. (b) A county that was at any time required, because of the county's designation as a nonattainment area under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407), to participate in the vehicle emissions inspection and maintenance program under this subchapter and Subchapter F, Chapter 548, Transportation Code, shall continue to participate in the program even if the county is designated as an attainment area under the federal Clean Air Act. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1611 was passed by the House on May 4, 2005, by the following vote: Yeas 133, Nays 3, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 1611 on May 26, 2005, by the following vote: Yeas 142, Nays 0, 3 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 1611 was passed by the Senate, with amendments, on May 24, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor