1 | 1 | | 84R4475 SLB-D |
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2 | 2 | | By: Leach H.B. No. 1031 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to funding for certain roadway projects intended to |
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8 | 8 | | improve or maintain air quality. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subtitle Z, Title 6, Transportation Code, is |
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11 | 11 | | amended by adding Chapter 473 to read as follows: |
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12 | 12 | | CHAPTER 473. ROADWAY PROJECTS FOR CLEAN AIR |
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13 | 13 | | Sec. 473.001. DEFINITIONS. In this chapter: |
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14 | 14 | | (1) "Account" means the clean air roadway project |
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15 | 15 | | account. |
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16 | 16 | | (2) "Roadway project" means the construction, |
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17 | 17 | | reconstruction, or maintenance of roadway transportation |
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18 | 18 | | infrastructure, or the implementation of a roadway transportation |
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19 | 19 | | program. |
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20 | 20 | | Sec. 473.002. CLEAN AIR ROADWAY PROJECT ACCOUNT. (a) The |
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21 | 21 | | clean air roadway project account is an account in the general |
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22 | 22 | | revenue fund. The account consists of money transferred to the |
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23 | 23 | | credit of the account under Subsections (b) and (c) and the interest |
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24 | 24 | | or other returns on investment of money in the account. Section |
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25 | 25 | | 404.071, Government Code, does not apply to the account. |
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26 | 26 | | (b) As soon as practicable after the last day of each |
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27 | 27 | | quarter of the state fiscal year, the comptroller shall transfer to |
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28 | 28 | | the account from the clean air account an amount equal to one-third |
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29 | 29 | | of all the money deposited to the credit of the clean air account |
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30 | 30 | | during that preceding quarter other than: |
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31 | 31 | | (1) money credited to the clean air account in |
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32 | 32 | | accordance with Section 382.051866 or 386.252(a)(10), Health and |
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33 | 33 | | Safety Code; or |
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34 | 34 | | (2) a gift, grant, or donation credited to the clean |
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35 | 35 | | air account. |
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36 | 36 | | (c) As soon as practicable after the last day of each |
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37 | 37 | | quarter of the state fiscal year, the comptroller shall transfer to |
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38 | 38 | | the account from the Texas emissions reduction plan fund an amount |
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39 | 39 | | equal to one-third of the money deposited to the credit of the Texas |
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40 | 40 | | emissions reduction plan fund during that quarter. |
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41 | 41 | | (d) As soon as practicable after the last day of each state |
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42 | 42 | | fiscal year, the comptroller shall transfer from the account the |
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43 | 43 | | unappropriated and unencumbered balance of the account to the clean |
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44 | 44 | | air account and the Texas emissions reduction plan fund. The |
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45 | 45 | | comptroller must allocate the total amount transferred under this |
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46 | 46 | | subsection so that: |
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47 | 47 | | (1) the amount transferred to the clean air account |
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48 | 48 | | bears the same proportion to the total amount transferred under |
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49 | 49 | | this subsection as the total of the amounts transferred from the |
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50 | 50 | | clean air account under Subsection (b) during that preceding fiscal |
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51 | 51 | | year bears to the total of the amounts transferred under |
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52 | 52 | | Subsections (b) and (c) during that preceding fiscal year; and |
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53 | 53 | | (2) the amount transferred to the Texas emissions |
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54 | 54 | | reduction plan fund bears the same proportion to the total amount |
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55 | 55 | | transferred under this subsection as the total of the amounts |
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56 | 56 | | transferred from the Texas emissions reduction plan fund under |
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57 | 57 | | Subsection (c) during that preceding fiscal year bears to the total |
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58 | 58 | | of the amounts transferred under Subsections (b) and (c) during |
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59 | 59 | | that preceding fiscal year. |
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60 | 60 | | Sec. 473.003. USE OF ACCOUNT. (a) Money in the account may |
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61 | 61 | | be appropriated only to fund roadway projects designed to improve |
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62 | 62 | | or prevent the deterioration of ambient air quality. Money in the |
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63 | 63 | | account may not be appropriated to fund a toll road. |
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64 | 64 | | (b) The department, in consultation with the Texas |
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65 | 65 | | Commission on Environmental Quality, shall determine which roadway |
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66 | 66 | | projects are eligible to be funded by money appropriated from the |
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67 | 67 | | account. |
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68 | 68 | | SECTION 2. Section 382.0622(b), Health and Safety Code, is |
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69 | 69 | | amended to read as follows: |
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70 | 70 | | (b) Except as provided by Subsection (b-1), Clean Air Act |
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71 | 71 | | fees: |
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72 | 72 | | (1) shall be deposited in the state treasury to the |
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73 | 73 | | credit of the clean air account; and |
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74 | 74 | | (2) shall be used to safeguard the air resources of the |
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75 | 75 | | state, including through roadway projects under Chapter 473, |
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76 | 76 | | Transportation Code. |
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77 | 77 | | SECTION 3. Section 382.202(k), Health and Safety Code, is |
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78 | 78 | | amended to read as follows: |
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79 | 79 | | (k) The commission by rule may establish classes of vehicles |
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80 | 80 | | that are exempt from vehicle emissions inspections and by rule may |
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81 | 81 | | establish procedures to allow and review petitions for the |
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82 | 82 | | exemption of individual vehicles, according to criteria |
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83 | 83 | | established by commission rule. Rules adopted by the commission |
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84 | 84 | | under this subsection must be consistent with federal law. The |
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85 | 85 | | commission by rule may establish fees to recover the costs of |
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86 | 86 | | administering this subsection. Fees collected under this |
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87 | 87 | | subsection shall be deposited to the credit of the clean air |
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88 | 88 | | account[, an account] in the general revenue fund[, and may be used |
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89 | 89 | | only for the purposes of this section]. |
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90 | 90 | | SECTION 4. This Act takes effect September 1, 2015. |
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