| 1 | 1 | | 84R5408 JXC-F |
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| 2 | 2 | | By: Huberty H.B. No. 1465 |
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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 money used by certain counties for the low-income |
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| 8 | 8 | | vehicle repair assistance, retrofit, and accelerated vehicle |
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| 9 | 9 | | retirement program and local initiative air quality projects. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 403.071(b), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (b) A claim may not be paid from an appropriation unless the |
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| 14 | 14 | | claim is presented to the comptroller for payment not later than two |
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| 15 | 15 | | years after the end of the fiscal year for which the appropriation |
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| 16 | 16 | | was made. However, a claim may be presented not later than four |
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| 17 | 17 | | years after the end of the fiscal year for which the appropriation |
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| 18 | 18 | | from which the claim is to be paid was made if the appropriation |
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| 19 | 19 | | relates to new construction contracts, to funding for a local |
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| 20 | 20 | | initiative project described by Section 382.220 or 382.221, Health |
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| 21 | 21 | | and Safety Code, that involves construction in a county described |
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| 22 | 22 | | by Section 382.221, Health and Safety Code, to grants awarded under |
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| 23 | 23 | | Chapter 391, Health and Safety Code, or to repair and remodeling |
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| 24 | 24 | | projects that exceed the amount of $20,000, including furniture and |
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| 25 | 25 | | other equipment, architects' and engineering fees, and other costs |
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| 26 | 26 | | related to the contracts or projects. |
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| 27 | 27 | | SECTION 2. Section 382.202(g), Health and Safety Code, is |
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| 28 | 28 | | amended to read as follows: |
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| 29 | 29 | | (g) The commission shall: |
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| 30 | 30 | | (1) use part of the fee collected under Subsection (e) |
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| 31 | 31 | | to fund low-income vehicle repair assistance, retrofit, and |
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| 32 | 32 | | accelerated vehicle retirement programs created under Section |
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| 33 | 33 | | 382.209; and |
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| 34 | 34 | | (2) to the extent practicable, distribute available |
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| 35 | 35 | | funding created under Subsection (e) among [to] participating |
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| 36 | 36 | | counties: |
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| 37 | 37 | | (A) in reasonable proportion to the amount of |
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| 38 | 38 | | fees collected under Subsection (e) in those counties or in the |
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| 39 | 39 | | regions in which those counties are located; and |
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| 40 | 40 | | (B) so that a county with a population of at least |
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| 41 | 41 | | four million receives 90 percent of the revenue derived from fees |
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| 42 | 42 | | collected in the county. |
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| 43 | 43 | | SECTION 3. Subchapter G, Chapter 382, Health and Safety |
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| 44 | 44 | | Code, is amended by adding Section 382.221 to read as follows: |
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| 45 | 45 | | Sec. 382.221. LOW-INCOME VEHICLE REPAIR ASSISTANCE, |
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| 46 | 46 | | RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM AND LOCAL |
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| 47 | 47 | | INITIATIVE PROJECTS IN CERTAIN COUNTIES. (a) This section applies |
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| 48 | 48 | | only to a county with a population of at least four million that |
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| 49 | 49 | | participates in the low-income vehicle repair assistance, |
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| 50 | 50 | | retrofit, and accelerated vehicle retirement program created under |
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| 51 | 51 | | Section 382.209. |
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| 52 | 52 | | (b) To the extent that this section is inconsistent or in |
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| 53 | 53 | | conflict with another provision of this subchapter, this section |
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| 54 | 54 | | prevails. |
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| 55 | 55 | | (c) A project a county implements under Section 382.220 may |
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| 56 | 56 | | include a program to enhance transportation system improvements, |
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| 57 | 57 | | including improvements meant to reduce congestion on existing |
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| 58 | 58 | | roads, but not including toll projects. |
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| 59 | 59 | | (d) A county may use fees collected under Sections 382.202 |
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| 60 | 60 | | and 382.302 for a program or project described by Section 382.220 or |
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| 61 | 61 | | this section. A county that receives money under Section 382.220 or |
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| 62 | 62 | | this section: |
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| 63 | 63 | | (1) is not required to provide matching funds for a |
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| 64 | 64 | | program or project; and |
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| 65 | 65 | | (2) may allocate money to a program or project under |
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| 66 | 66 | | Section 382.209, Section 382.220, or this section at the discretion |
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| 67 | 67 | | of the county. |
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| 68 | 68 | | (e) Money used by a county to implement a program or project |
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| 69 | 69 | | under Section 382.220 or this section that involves construction |
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| 70 | 70 | | for a fiscal year may be distributed to the county to be used for the |
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| 71 | 71 | | program or project in subsequent fiscal years if the money has been |
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| 72 | 72 | | made available to the county and has been treated as a binding |
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| 73 | 73 | | encumbrance by the commission before the end of the appropriation |
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| 74 | 74 | | year of the money appropriated for those purposes. Distribution of |
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| 75 | 75 | | the money is subject to Section 403.071, Government Code. |
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| 76 | 76 | | SECTION 4. This Act takes effect September 1, 2015. |
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