Bill Text: TX SB1046 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to sources of funding for the Texas emissions reduction plan.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2017-05-08 - Not again placed on intent calendar [SB1046 Detail]
Download: Texas-2017-SB1046-Comm_Sub.html
By: Estes | S.B. No. 1046 | |
(In the Senate - Filed February 23, 2017; March 6, 2017, | ||
read first time and referred to Committee on Natural Resources & | ||
Economic Development; March 30, 2017, reported favorably by the | ||
following vote: Yeas 7, Nays 3; March 30, 2017, sent to printer.) | ||
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relating to sources of funding for the Texas emissions reduction | ||
plan. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 151.0515(d), Tax Code, is amended to | ||
read as follows: | ||
(d) This section expires on the last day of the state fiscal | ||
biennium during which the Texas Commission on Environmental Quality | ||
publishes in the Texas Register certification that, with respect to | ||
each national ambient air quality standard for ozone under 40 | ||
C.F.R. Section 81.344, the United States Environmental Protection | ||
Agency has, for each designated area under that section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 2. Section 152.0215(c), Tax Code, is amended to | ||
read as follows: | ||
(c) This section expires on the last day of the state fiscal | ||
biennium during which the Texas Commission on Environmental Quality | ||
publishes in the Texas Register certification that, with respect to | ||
each national ambient air quality standard for ozone under 40 | ||
C.F.R. Section 81.344, the United States Environmental Protection | ||
Agency has, for each designated area under that section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 3. 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 [ |
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collected under Subsection (b) to be sent to the comptroller shall | ||
be deposited to the credit of the Texas [ |
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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 [ |
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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 [ |
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money equal to the amount of the fees deposited by the comptroller | ||
to the credit of the Texas emissions reduction plan fund [ |
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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 | ||
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biennium during which the Texas Commission on Environmental Quality | ||
publishes in the Texas Register certification that, with respect to | ||
each national ambient air quality standard for ozone under 40 | ||
C.F.R. Section 81.344, the United States Environmental Protection | ||
Agency has, for each designated area under that section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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(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 certification that, with | ||
respect to each national ambient air quality standard for ozone | ||
under 40 C.F.R. Section 81.344, the United States Environmental | ||
Protection Agency has, for each designated area under that section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area. | ||
SECTION 4. Section 502.358(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) This section expires on the last day of the state fiscal | ||
biennium during which the Texas Commission on Environmental Quality | ||
publishes in the Texas Register certification that, with respect to | ||
each national ambient air quality standard for ozone under 40 | ||
C.F.R. Section 81.344, the United States Environmental Protection | ||
Agency has, for each designated area under that section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 5. The heading to Section 548.5055, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 548.5055. TEXAS EMISSIONS [ |
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FEE. | ||
SECTION 6. Sections 548.5055(b) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(b) The department shall remit fees collected under this | ||
section to the comptroller at the time and in the manner prescribed | ||
by the comptroller for deposit in the Texas emissions [ |
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reduction plan fund. | ||
(c) This section expires on the last day of the state fiscal | ||
biennium during which the conservation commission publishes in the | ||
Texas Register certification that, with respect to each national | ||
ambient air quality standard for ozone under 40 C.F.R. Section | ||
81.344, the United States Environmental Protection Agency has, for | ||
each designated area under that section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 7. The changes in law made by this Act to Section | ||
501.138, Transportation Code, apply 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 8. This Act takes effect September 1, 2017, but only | ||
if S.B. 26, or similar legislation of the 85th Legislature, Regular | ||
Session, 2017, that changes the expiration dates for the Texas | ||
emissions reduction plan and certain programs funded under that | ||
plan becomes law. If such a bill does not become law, this Act has | ||
no effect. | ||
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