Bill Text: TX SB2003 | 2017-2018 | 85th Legislature | Introduced


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 (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-18 - Left pending in committee [SB2003 Detail]

Download: Texas-2017-SB2003-Introduced.html
  85R3310 SLB-F
 
  By: Watson S.B. No. 2003
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 382.209(e), Health and Safety Code, is
  amended to read as follows:
         (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 is [has been]
  registered in a [the] county implementing the program [for at least
  12 of the 15 months 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 Motor Vehicles, and the Public Safety Commission;
               (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; and
               (5)  if the vehicle is to be retired under this
  subsection and Section 382.213, the replacement vehicle is a
  qualifying motor vehicle.
         SECTION 2.  Sections 382.210(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  The commission by rule shall adopt guidelines to assist
  a participating county in implementing a low-income vehicle repair
  assistance, retrofit, and accelerated vehicle retirement program
  authorized under Section 382.209.  The guidelines at a minimum
  shall recommend:
               (1)  a minimum and maximum amount for repair
  assistance;
               (2)  a minimum and maximum amount toward the purchase
  price of a replacement vehicle qualified for the accelerated
  retirement program, based on vehicle type and model year, with the
  maximum amount not to exceed:
                     (A)  $3,500 [$3,000] for a replacement car of the
  current model year or the previous four [three] model years, except
  as provided by Paragraph (C);
                     (B)  $3,500 [$3,000] for a replacement truck of
  the current model year or the previous three [two] model years,
  except as provided by Paragraph (C); and
                     (C)  $4,000 [$3,500] for a replacement vehicle of
  the current model year or the previous four [three] model years
  that:
                           (i)  is a hybrid vehicle, electric vehicle,
  or natural gas vehicle; and [or]
                           (ii)  has been certified to meet federal
  Tier 3 [2], Bin 85 [3] or a cleaner Bin certification under 40
  C.F.R. Section 86.1811-17 [86.1811-04], as that section existed on
  January 1, 2017 [published in the February 10, 2000, Federal
  Register];
               (3)  criteria for determining eligibility, taking into
  account:
                     (A)  the vehicle owner's income, which may not
  exceed 300 percent of the federal poverty level;
                     (B)  the fair market value of the vehicle; and
                     (C)  any other relevant considerations;
               (4)  safeguards for preventing fraud in the repair,
  purchase, or sale of a vehicle in the program; and
               (5)  procedures for determining the degree and amount
  of repair assistance a vehicle is allowed, based on:
                     (A)  the amount of money the vehicle owner has
  spent on repairs;
                     (B)  the vehicle owner's income; and
                     (C)  any other relevant factors.
         (b)  A replacement vehicle described by Subsection (a)(2)
  must:
               (1)  except as provided by Subsection (c), be a vehicle
  in a class or category of vehicles that has been certified to meet
  federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R.
  Section 86.1811-04, as published in the February 10, 2000, Federal
  Register;
               (2)  have a gross vehicle weight rating of less than
  10,000 pounds;
               (3)  have an odometer reading of not more than 85,000
  [70,000] miles; and
               (4)  be a vehicle the total cost of which does not
  exceed:
                     (A)  for a vehicle described by Subsection
  (a)(2)(A) or (B), $35,000; or
                     (B)  for a vehicle described by Subsection
  (a)(2)(C), $45,000.
         SECTION 3.  Section 382.220, Health and Safety Code, is
  amended by amending Subsections (b), (c), and (d) and adding
  Subsection (e) to read as follows:
         (b)  A program under this section must be implemented in
  consultation with the commission and may include a program to:
               (1)  expand and enhance the AirCheck Texas Repair and
  Replacement Assistance Program;
               (2)  develop and implement programs or systems that
  remotely determine vehicle emissions and notify the vehicle's
  operator;
               (3)  develop and implement projects to implement the
  commission's smoking vehicle program;
               (4)  develop and implement projects in consultation
  with the director of the Department of Public Safety for
  coordinating with local law enforcement officials to reduce the use
  of counterfeit registration insignia and vehicle inspection
  reports by providing local law enforcement officials with funds to
  identify vehicles with counterfeit registration insignia and
  vehicle inspection reports and to carry out appropriate actions;
               (5)  develop and implement programs to enhance
  transportation system improvements; [or]
               (6)  develop and implement new air control strategies
  designed to assist local areas in complying with state and federal
  air quality rules and regulations; or
               (7)  improve air quality as authorized by Subsection
  (e).
         (c)  Except as provided by Subsection (e), money [Money] that
  is made available for the implementation of a program under
  Subsection (b) may not be expended for local government fleet or
  vehicle acquisition or replacement, call center management,
  application oversight, invoice analysis, education, outreach, or
  advertising purposes.
         (d)  Money that is made available to counties [Fees
  collected] under Sections 382.202 and 382.302 may be used [in an
  amount not to exceed $7 million per fiscal year] for projects
  described by Subsection (b) and[, of which $2 million may be used
  only for projects described by Subsection (b)(4). The remaining $5
  million may be used for any project described by Subsection (b).  
  The fees] shall be made available only to counties participating in
  the low-income vehicle repair assistance, retrofit, and
  accelerated vehicle retirement programs created under Section
  382.209 [and only on a matching basis, whereby the commission
  provides money to a county in the same amount that the county
  dedicates to a project authorized by Subsection (b).     The
  commission may reduce the match requirement for a county that
  proposes to develop and implement independent test facility fraud
  detection programs, including the use of remote sensing technology
  for coordinating with law enforcement officials to detect, prevent,
  and prosecute the use of counterfeit registration insignia and
  vehicle inspection reports].
         (e)  A participating county may use money that has been
  allocated by the commission to the county for a program under
  Subsection (b) and that has not been spent by the last day of the
  fiscal year in which the money was allocated for the replacement and
  retirement of local government fleet vehicles. Money available for
  use under this subsection must be spent not later than the second
  anniversary of the last day of the fiscal year in which the
  commission allocated the funds.
         SECTION 4.  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, 2017.
feedback