Texas 2015 - 84th Regular

Texas House Bill HB1031 Compare Versions

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11 84R4475 SLB-D
22 By: Leach H.B. No. 1031
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to funding for certain roadway projects intended to
88 improve or maintain air quality.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle Z, Title 6, Transportation Code, is
1111 amended by adding Chapter 473 to read as follows:
1212 CHAPTER 473. ROADWAY PROJECTS FOR CLEAN AIR
1313 Sec. 473.001. DEFINITIONS. In this chapter:
1414 (1) "Account" means the clean air roadway project
1515 account.
1616 (2) "Roadway project" means the construction,
1717 reconstruction, or maintenance of roadway transportation
1818 infrastructure, or the implementation of a roadway transportation
1919 program.
2020 Sec. 473.002. CLEAN AIR ROADWAY PROJECT ACCOUNT. (a) The
2121 clean air roadway project account is an account in the general
2222 revenue fund. The account consists of money transferred to the
2323 credit of the account under Subsections (b) and (c) and the interest
2424 or other returns on investment of money in the account. Section
2525 404.071, Government Code, does not apply to the account.
2626 (b) As soon as practicable after the last day of each
2727 quarter of the state fiscal year, the comptroller shall transfer to
2828 the account from the clean air account an amount equal to one-third
2929 of all the money deposited to the credit of the clean air account
3030 during that preceding quarter other than:
3131 (1) money credited to the clean air account in
3232 accordance with Section 382.051866 or 386.252(a)(10), Health and
3333 Safety Code; or
3434 (2) a gift, grant, or donation credited to the clean
3535 air account.
3636 (c) As soon as practicable after the last day of each
3737 quarter of the state fiscal year, the comptroller shall transfer to
3838 the account from the Texas emissions reduction plan fund an amount
3939 equal to one-third of the money deposited to the credit of the Texas
4040 emissions reduction plan fund during that quarter.
4141 (d) As soon as practicable after the last day of each state
4242 fiscal year, the comptroller shall transfer from the account the
4343 unappropriated and unencumbered balance of the account to the clean
4444 air account and the Texas emissions reduction plan fund. The
4545 comptroller must allocate the total amount transferred under this
4646 subsection so that:
4747 (1) the amount transferred to the clean air account
4848 bears the same proportion to the total amount transferred under
4949 this subsection as the total of the amounts transferred from the
5050 clean air account under Subsection (b) during that preceding fiscal
5151 year bears to the total of the amounts transferred under
5252 Subsections (b) and (c) during that preceding fiscal year; and
5353 (2) the amount transferred to the Texas emissions
5454 reduction plan fund bears the same proportion to the total amount
5555 transferred under this subsection as the total of the amounts
5656 transferred from the Texas emissions reduction plan fund under
5757 Subsection (c) during that preceding fiscal year bears to the total
5858 of the amounts transferred under Subsections (b) and (c) during
5959 that preceding fiscal year.
6060 Sec. 473.003. USE OF ACCOUNT. (a) Money in the account may
6161 be appropriated only to fund roadway projects designed to improve
6262 or prevent the deterioration of ambient air quality. Money in the
6363 account may not be appropriated to fund a toll road.
6464 (b) The department, in consultation with the Texas
6565 Commission on Environmental Quality, shall determine which roadway
6666 projects are eligible to be funded by money appropriated from the
6767 account.
6868 SECTION 2. Section 382.0622(b), Health and Safety Code, is
6969 amended to read as follows:
7070 (b) Except as provided by Subsection (b-1), Clean Air Act
7171 fees:
7272 (1) shall be deposited in the state treasury to the
7373 credit of the clean air account; and
7474 (2) shall be used to safeguard the air resources of the
7575 state, including through roadway projects under Chapter 473,
7676 Transportation Code.
7777 SECTION 3. Section 382.202(k), Health and Safety Code, is
7878 amended to read as follows:
7979 (k) The commission by rule may establish classes of vehicles
8080 that are exempt from vehicle emissions inspections and by rule may
8181 establish procedures to allow and review petitions for the
8282 exemption of individual vehicles, according to criteria
8383 established by commission rule. Rules adopted by the commission
8484 under this subsection must be consistent with federal law. The
8585 commission by rule may establish fees to recover the costs of
8686 administering this subsection. Fees collected under this
8787 subsection shall be deposited to the credit of the clean air
8888 account[, an account] in the general revenue fund[, and may be used
8989 only for the purposes of this section].
9090 SECTION 4. This Act takes effect September 1, 2015.