83R3622 JXC-D
By: Howard H.B. No. 3812
A BILL TO BE ENTITLED
AN ACT
relating to a county air quality fee imposed at the time of an
emissions-related inspection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 382, Health and Safety
Code, is amended by adding Section 382.221 to read as follows:
Sec. 382.221. COUNTY AIR QUALITY FEE. (a) An affected
county that has incidents approaching, or monitors incidents that
exceed, the eight-hour national ambient air quality standard for
ozone may by order adopt a county air quality fee:
(1) to be imposed at the time an emissions-related
inspection is performed in the county; and
(2) to be used by the county only for:
(A) a low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program under Section
382.209; or
(B) local initiative projects under Section
382.220(b).
(b) A county that adopts a fee under this section shall
notify the Department of Public Safety, in a manner determined by
the department, of the fee and the fee amount not later than the
60th day before the date the county imposes the fee.
(c) The amount of the fee may not exceed the amount of a fee
assessed for an emissions-related inspection under Section
548.505, Transportation Code.
SECTION 2. Subchapter H, Chapter 548, Transportation Code,
is amended by adding Section 548.5056 to read as follows:
Sec. 548.5056. COUNTY AIR QUALITY FEE. (a) After receiving
notice that a county has adopted a county air quality fee under
Section 382.221, Health and Safety Code, the department shall:
(1) notify inspection stations located in the county
of the fee; and
(2) require the inspection stations to:
(A) charge the fee; and
(B) remit the fee to the department.
(b) The department shall remit to a county that imposes a
fee under this section revenue the department receives from the
inspection stations in the county under this section.
(c) The department may not send revenue received from an
inspection station under this section to the comptroller or credit
to an account or fund in the state treasury revenue received from an
inspection station under this section.
(d) A fee imposed under this section is not a Clean Air Act
fee.
(e) The department may deduct for administrative costs an
amount of not more than two percent of the fees collected under this
section.
SECTION 3. Section 548.508, Transportation Code, is amended
to read as follows:
Sec. 548.508. DISPOSITION OF FEES. Except as provided by
Sections 382.0622 and 382.202, Health and Safety Code, and Sections
[Section] 548.5055[,] and 548.5056, each fee collected by the
department under this subchapter shall be deposited to the credit
of the Texas mobility fund.
SECTION 4. This Act takes effect September 1, 2013.