84R4475 SLB-D
By: Leach H.B. No. 1031
A BILL TO BE ENTITLED
AN ACT
relating to funding for certain roadway projects intended to
improve or maintain air quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 6, Transportation Code, is
amended by adding Chapter 473 to read as follows:
CHAPTER 473. ROADWAY PROJECTS FOR CLEAN AIR
Sec. 473.001. DEFINITIONS. In this chapter:
(1) "Account" means the clean air roadway project
account.
(2) "Roadway project" means the construction,
reconstruction, or maintenance of roadway transportation
infrastructure, or the implementation of a roadway transportation
program.
Sec. 473.002. CLEAN AIR ROADWAY PROJECT ACCOUNT. (a) The
clean air roadway project account is an account in the general
revenue fund. The account consists of money transferred to the
credit of the account under Subsections (b) and (c) and the interest
or other returns on investment of money in the account. Section
404.071, Government Code, does not apply to the account.
(b) As soon as practicable after the last day of each
quarter of the state fiscal year, the comptroller shall transfer to
the account from the clean air account an amount equal to one-third
of all the money deposited to the credit of the clean air account
during that preceding quarter other than:
(1) money credited to the clean air account in
accordance with Section 382.051866 or 386.252(a)(10), Health and
Safety Code; or
(2) a gift, grant, or donation credited to the clean
air account.
(c) As soon as practicable after the last day of each
quarter of the state fiscal year, the comptroller shall transfer to
the account from the Texas emissions reduction plan fund an amount
equal to one-third of the money deposited to the credit of the Texas
emissions reduction plan fund during that quarter.
(d) As soon as practicable after the last day of each state
fiscal year, the comptroller shall transfer from the account the
unappropriated and unencumbered balance of the account to the clean
air account and the Texas emissions reduction plan fund. The
comptroller must allocate the total amount transferred under this
subsection so that:
(1) the amount transferred to the clean air account
bears the same proportion to the total amount transferred under
this subsection as the total of the amounts transferred from the
clean air account under Subsection (b) during that preceding fiscal
year bears to the total of the amounts transferred under
Subsections (b) and (c) during that preceding fiscal year; and
(2) the amount transferred to the Texas emissions
reduction plan fund bears the same proportion to the total amount
transferred under this subsection as the total of the amounts
transferred from the Texas emissions reduction plan fund under
Subsection (c) during that preceding fiscal year bears to the total
of the amounts transferred under Subsections (b) and (c) during
that preceding fiscal year.
Sec. 473.003. USE OF ACCOUNT. (a) Money in the account may
be appropriated only to fund roadway projects designed to improve
or prevent the deterioration of ambient air quality. Money in the
account may not be appropriated to fund a toll road.
(b) The department, in consultation with the Texas
Commission on Environmental Quality, shall determine which roadway
projects are eligible to be funded by money appropriated from the
account.
SECTION 2. Section 382.0622(b), Health and Safety Code, is
amended to read as follows:
(b) Except as provided by Subsection (b-1), Clean Air Act
fees:
(1) shall be deposited in the state treasury to the
credit of the clean air account; and
(2) shall be used to safeguard the air resources of the
state, including through roadway projects under Chapter 473,
Transportation Code.
SECTION 3. Section 382.202(k), Health and Safety Code, is
amended to read as follows:
(k) The commission by rule may establish classes of vehicles
that are exempt from vehicle emissions inspections and by rule may
establish procedures to allow and review petitions for the
exemption of individual vehicles, according to criteria
established by commission rule. Rules adopted by the commission
under this subsection must be consistent with federal law. The
commission by rule may establish fees to recover the costs of
administering this subsection. Fees collected under this
subsection shall be deposited to the credit of the clean air
account[, an account] in the general revenue fund[, and may be used
only for the purposes of this section].
SECTION 4. This Act takes effect September 1, 2015.