| 1 | 1 | | 83R22313 JXC-D |
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| 2 | 2 | | By: Howard, Giddings, Harper-Brown, H.B. No. 3812 |
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| 3 | 3 | | Creighton, Burnam, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 3812: |
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| 5 | 5 | | By: Reynolds C.S.H.B. No. 3812 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to authorizing the optional imposition of a county air |
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| 11 | 11 | | quality fee at the time of an emissions-related inspection. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter G, Chapter 382, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 382.221 to read as follows: |
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| 15 | 15 | | Sec. 382.221. COUNTY AIR QUALITY FEE. (a) An affected |
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| 16 | 16 | | county that has incidents approaching, or monitors incidents that |
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| 17 | 17 | | exceed, the eight-hour national ambient air quality standard for |
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| 18 | 18 | | ozone may by order adopt a county air quality fee: |
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| 19 | 19 | | (1) to be imposed at the time an emissions-related |
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| 20 | 20 | | inspection is performed in the county; and |
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| 21 | 21 | | (2) to be used by the county only for: |
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| 22 | 22 | | (A) a low-income vehicle repair assistance, |
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| 23 | 23 | | retrofit, and accelerated vehicle retirement program under Section |
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| 24 | 24 | | 382.209; or |
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| 25 | 25 | | (B) local initiative projects under Section |
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| 26 | 26 | | 382.220(b). |
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| 27 | 27 | | (b) A county that adopts a fee under this section shall |
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| 28 | 28 | | notify the Department of Public Safety, in a manner determined by |
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| 29 | 29 | | the department, of the fee and the fee amount not later than the |
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| 30 | 30 | | 60th day before the date the county imposes the fee. |
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| 31 | 31 | | (c) The amount of the fee may not exceed the amount of a fee |
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| 32 | 32 | | assessed in the county for an emissions-related inspection. |
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| 33 | 33 | | SECTION 2. Subchapter H, Chapter 548, Transportation Code, |
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| 34 | 34 | | is amended by adding Section 548.5056 to read as follows: |
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| 35 | 35 | | Sec. 548.5056. COUNTY AIR QUALITY FEE; TRUST FUND. (a) |
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| 36 | 36 | | After receiving notice that a county has adopted a county air |
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| 37 | 37 | | quality fee under Section 382.221, Health and Safety Code, the |
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| 38 | 38 | | department shall: |
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| 39 | 39 | | (1) notify inspection stations located in the county |
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| 40 | 40 | | of the fee; and |
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| 41 | 41 | | (2) require the inspection stations to: |
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| 42 | 42 | | (A) charge the fee; and |
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| 43 | 43 | | (B) remit the fee to the department. |
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| 44 | 44 | | (b) The county air quality trust fund is created as a trust |
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| 45 | 45 | | fund outside the treasury with the comptroller. The trust fund |
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| 46 | 46 | | shall be administered by the department as a trustee for the purpose |
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| 47 | 47 | | of holding revenue the department receives from inspection stations |
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| 48 | 48 | | under this section until the department disburses the revenue to |
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| 49 | 49 | | counties as provided by this section. |
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| 50 | 50 | | (c) The department may not credit to an account or fund in |
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| 51 | 51 | | the state treasury revenue the department receives from an |
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| 52 | 52 | | inspection station under this section. |
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| 53 | 53 | | (d) The department annually shall remit to a county that |
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| 54 | 54 | | imposes a fee under this section revenue the department receives |
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| 55 | 55 | | from the inspection stations in the county under this section. |
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| 56 | 56 | | (e) A fee imposed under this section is not a Clean Air Act |
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| 57 | 57 | | fee. |
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| 58 | 58 | | (f) The department may deduct for administrative costs an |
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| 59 | 59 | | amount of not more than two percent of the fees collected under this |
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| 60 | 60 | | section. |
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| 61 | 61 | | SECTION 3. Section 548.508, Transportation Code, is amended |
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| 62 | 62 | | to read as follows: |
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| 63 | 63 | | Sec. 548.508. DISPOSITION OF FEES. Except as provided by |
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| 64 | 64 | | Sections 382.0622 and 382.202, Health and Safety Code, and Sections |
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| 65 | 65 | | [Section] 548.5055[,] and 548.5056, each fee collected by the |
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| 66 | 66 | | department under this subchapter shall be deposited to the credit |
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| 67 | 67 | | of the Texas mobility fund. |
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| 68 | 68 | | SECTION 4. This Act takes effect September 1, 2013. |
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