By: McClendon, Riddle, Geren, et al. H.B. No. 1878
A BILL TO BE ENTITLED
AN ACT
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)
[and deposited on or after September 1, 2008, and before September
1, 2015,] shall be deposited to the credit of the Texas rail
relocation and improvement [emissions reduction plan] fund.
(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 [department]
shall remit to the comptroller for deposit to the credit of the
Texas emissions reduction plan fund an amount of money, not to
exceed [equal to] the amount of the fees deposited by the
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 [department] 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. 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.