Bill Text: TX HB1878 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the allocation of certain revenue to the Texas rail relocation and improvement fund and the Texas emissions reduction plan fund and for congestion mitigation projects.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2013-05-10 - Referred to Transportation [HB1878 Detail]
Download: Texas-2013-HB1878-Engrossed.html
By: McClendon, Riddle, Geren, et al. | H.B. No. 1878 |
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relating to the allocation of certain revenue to the Texas rail | ||
relocation and improvement fund and the Texas emissions reduction | ||
plan fund and for congestion mitigation projects. | ||
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) and (b-2) and adding Subsection (c-1) | ||
to read as follows: | ||
(b-1) 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) | ||
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relocation and improvement [ |
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(b-2) The comptroller shall establish a record of the amount | ||
of the fees deposited to the credit of the Texas Mobility Fund under | ||
Subsection (b-1) and shall monitor transfers to and from the Texas | ||
emissions reduction plan fund. On or before the fifth workday of | ||
each month, the Texas Department of Transportation [ |
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shall remit to the comptroller for deposit to the credit of the | ||
Texas emissions reduction plan fund an amount of money, not to | ||
exceed [ |
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comptroller to the credit of the Texas Mobility Fund under | ||
Subsection (b-1) in the preceding month, the comptroller determines | ||
is necessary to meet amounts appropriated from the Texas emissions | ||
reduction plan fund or, after consultation with the Texas | ||
Commission on Environmental Quality, if a fee is imposed on | ||
stationary sources in a county located in a nonattainment area as | ||
provided by 42 U.S.C. Section 7511d, an amount of money not to | ||
exceed the amount of the total of fees attributable to applicants | ||
for titles, other than the state or political subdivisions of the | ||
state, who reside in a county located in a nonattainment area or in | ||
an affected county, as described by Subsection (a)(1). The Texas | ||
Department of Transportation [ |
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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. The Texas Transportation | ||
Commission may designate for congestion mitigation projects or for | ||
deposit to the Texas rail relocation and improvement fund eligible | ||
amounts retained in the state highway fund because the amounts were | ||
not required to be remitted under this subsection on the condition | ||
that the Texas Commission on Environmental Quality, after a public | ||
hearing, finds that the use of the funds for those purposes will be | ||
at least as effective as other eligible uses of those funds under | ||
the Texas emissions reduction plan in maintaining or attaining | ||
compliance with the federal Clean Air Act and notifies the Texas | ||
Transportation Commission of that finding. Unless that condition | ||
is met, the amounts shall be deposited to the credit of the Texas | ||
emissions reduction plan fund. The Texas Commission on | ||
Environmental Quality by rule shall adopt criteria for making the | ||
finding required by this subsection. | ||
(c-1) Money deposited to the Texas rail relocation and | ||
improvement fund under Subsections (b-1) and (b-2) may be used to | ||
fund an infrastructure project to reduce air pollution and relieve | ||
congestion through rail relocation or improvement, including an | ||
infrastructure project described by Section 386.109(a)(4), Health | ||
and Safety Code. | ||
SECTION 2. Section 501.138(b-3), Transportation Code, is | ||
repealed. | ||
SECTION 3. This Act takes effect September 1, 2013. |