Bill Text: TX HB402 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program and local initiative air quality projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-10 - Referred to Natural Resources & Economic Development [HB402 Detail]
Download: Texas-2017-HB402-Engrossed.html
By: Huberty | H.B. No. 402 |
|
||
|
||
relating to the low-income vehicle repair assistance, retrofit, and | ||
accelerated vehicle retirement program and local initiative air | ||
quality projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 403.071(b), Government Code, is amended | ||
to read as follows: | ||
(b) A claim may not be paid from an appropriation unless the | ||
claim is presented to the comptroller for payment not later than two | ||
years after the end of the fiscal year for which the appropriation | ||
was made. However, a claim may be presented not later than four | ||
years after the end of the fiscal year for which the appropriation | ||
from which the claim is to be paid was made if the appropriation | ||
relates to: | ||
(1) new construction contracts; | ||
(2) funding for a local initiative project described | ||
by Section 382.220 or 382.221, Health and Safety Code, that | ||
involves construction in a county described by Section 382.221, | ||
Health and Safety Code; | ||
(3) [ |
||
and Safety Code; | ||
(4) [ |
||
exceed the amount of $20,000, including furniture and other | ||
equipment, architects' and engineering fees; or | ||
(5) [ |
||
projects, or grants. | ||
SECTION 2. Section 382.202(g), Health and Safety Code, is | ||
amended to read as follows: | ||
(g) The commission shall: | ||
(1) use part of the fee collected under Subsection (e) | ||
to fund low-income vehicle repair assistance, retrofit, and | ||
accelerated vehicle retirement programs created under Section | ||
382.209; and | ||
(2) to the extent practicable, distribute available | ||
funding created under Subsection (e) among [ |
||
counties: | ||
(A) in reasonable proportion to the amount of | ||
fees collected under Subsection (e) in those counties or in the | ||
regions in which those counties are located; and | ||
(B) so that a county with a population of at least | ||
four million receives 90 percent of the revenue derived from fees | ||
collected in the county. | ||
SECTION 3. Section 382.209, Health and Safety Code, is | ||
amended by adding Subsections (k), (l), and (m) to read as follows: | ||
(k) The commissioners court of a participating county may | ||
adopt a resolution to end the low-income vehicle repair assistance, | ||
retrofit, and accelerated vehicle retirement program in the county. | ||
The commissioners court shall submit the resolution to the | ||
commission and to the county tax assessor-collector. The | ||
resolution must include a date on which a fee may not be imposed | ||
under Section 382.202 or 382.302 for the purposes of the county's | ||
low-income vehicle repair assistance, retrofit, and accelerated | ||
vehicle retirement program on vehicles being inspected or | ||
registered in the county. The date must be: | ||
(1) the first day of a month; and | ||
(2) at least 30 days after the date the resolution is | ||
submitted to the commission. | ||
(l) On receipt of a resolution under Subsection (k), the | ||
commission shall notify, in writing, the Texas Department of Motor | ||
Vehicles, the Department of Public Safety, and the Legislative | ||
Budget Board that a fee may not be imposed under Section 382.202 or | ||
382.302 for the purposes of the county's low-income vehicle repair | ||
assistance, retrofit, and accelerated vehicle retirement program | ||
on vehicles being inspected or registered in the county after the | ||
date established under Subsection (k). | ||
(m) To the extent practicable, the commission shall | ||
distribute to the county money collected in the county before the | ||
date established under Subsection (k) from a fee authorized under | ||
Section 382.202 or 382.302 for the purposes of the county's | ||
low-income vehicle repair assistance, retrofit, and accelerated | ||
vehicle retirement program. The county may use money distributed to | ||
the county under this subsection for remaining expenses of the | ||
program or for any other purpose. | ||
SECTION 4. Subchapter G, Chapter 382, Health and Safety | ||
Code, is amended by adding Section 382.221 to read as follows: | ||
Sec. 382.221. LOW-INCOME VEHICLE REPAIR ASSISTANCE, | ||
RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM AND LOCAL | ||
INITIATIVE PROJECTS IN CERTAIN COUNTIES. (a) This section applies | ||
only to a county with a population of at least 420,000 that | ||
participates in the low-income vehicle repair assistance, | ||
retrofit, and accelerated vehicle retirement program created under | ||
Section 382.209. | ||
(b) To the extent that this section is inconsistent or in | ||
conflict with another provision of this subchapter, this section | ||
prevails. | ||
(c) A project a county implements under Section 382.220 may | ||
include a program to enhance transportation system improvements, | ||
including improvements meant to reduce congestion on existing | ||
roads, but not including toll projects. | ||
(d) A county may use fees collected under Sections 382.202 | ||
and 382.302 for a program or project described by Section 382.220 or | ||
this section. A county that receives money under Section 382.220 or | ||
this section: | ||
(1) is not required to provide matching funds for a | ||
program or project; and | ||
(2) may allocate money to a program or project under | ||
Section 382.209, Section 382.220, or this section at the discretion | ||
of the county. | ||
(e) Money used by a county to implement a program or project | ||
under Section 382.220 or this section that involves construction | ||
for a fiscal year may be distributed to the county to be used for the | ||
program or project in subsequent fiscal years if the money has been | ||
made available to the county and has been treated as a binding | ||
encumbrance by the commission before the end of the appropriation | ||
year of the money appropriated for those purposes. Distribution of | ||
the money is subject to Section 403.071, Government Code. | ||
SECTION 5. This Act takes effect September 1, 2017. |