83R22313 JXC-D
By: Howard, Giddings, Harper-Brown, H.B. No. 3812
Creighton, Burnam, et al.
Substitute the following for H.B. No. 3812:
By: Reynolds C.S.H.B. No. 3812
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the optional imposition of a county air
quality fee 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 in the county for an emissions-related inspection.
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; TRUST FUND. (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 county air quality trust fund is created as a trust
fund outside the treasury with the comptroller. The trust fund
shall be administered by the department as a trustee for the purpose
of holding revenue the department receives from inspection stations
under this section until the department disburses the revenue to
counties as provided by this section.
(c) The department may not credit to an account or fund in
the state treasury revenue the department receives from an
inspection station under this section.
(d) The department annually 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.
(e) A fee imposed under this section is not a Clean Air Act
fee.
(f) 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.