84R5993 JXC-D
By: Leach H.B. No. 1030
A BILL TO BE ENTITLED
AN ACT
relating to money used by counties for 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 403.071(b), Government Code, is amended
to read as follows:
(b) A claim may not be paid from an appropriation unless the
claim is presented to the comptroller for payment not later than two
years after the end of the fiscal year for which the appropriation
was made. However, a claim may be presented not later than four
years after the end of the fiscal year for which the appropriation
from which the claim is to be paid was made if the appropriation
relates to new construction contracts, to funding for local
initiative projects described by Section 382.220, Health and Safety
Code, that involve construction, to grants awarded under Chapter
391, Health and Safety Code, or to repair and remodeling projects
that exceed the amount of $20,000, including furniture and other
equipment, architects' and engineering fees, and other costs
related to the contracts or projects.
SECTION 2. Section 382.202(g), Health and Safety Code, is
amended to read as follows:
(g) The commission shall:
(1) use part of the fee collected under Subsection (e)
to fund low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement programs created under Section
382.209; and
(2) [to the extent practicable,] distribute available
funding created under Subsection (e) among [to] participating
counties so that each participating county receives 90 percent of
the revenue derived from fees collected in the county [in
reasonable proportion to the amount of fees collected] under
Subsection (e) [in those counties or in the regions in which those
counties are located].
SECTION 3. Section 382.220, Health and Safety Code, is
amended by amending Subsections (b) and (d), as effective March 1,
2015, 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, including improvements meant
to reduce congestion on existing roads, but not including toll
projects; 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.
(d) Fees collected under Sections 382.202 and 382.302 and
distributed to a county under Section 382.209 may be used [in an
amount not to exceed $7 million per fiscal year] for projects
described by Subsection (b). Only a county [, 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 a program [the low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement programs]
created under Section 382.209 may receive money to implement a
project described by Subsection (b) [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]. A county that receives
money for a project under this section may allocate money to
programs under Section 382.209 and this section at the discretion
of the county.
(e) Money used to implement a program under this section
that involves construction for a fiscal year may be distributed to a
county to be used for a program under this section in subsequent
fiscal years if the money has been made available to the county and
has been treated as a binding encumbrance by the commission before
the end of the appropriation year of the money appropriated for
those purposes. Distribution of the money is subject to Section
403.071, Government Code.
SECTION 4. This Act takes effect September 1, 2015.