| 1 | 1 | | 84R12566 JXC-D |
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| 2 | 2 | | By: Giddings H.B. No. 1961 |
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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 authorizing the optional imposition of a county air |
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| 8 | 8 | | quality fee at the time other emissions-related inspection fees are |
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| 9 | 9 | | collected. |
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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. Subchapter G, Chapter 382, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 382.221 to read as follows: |
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| 13 | 13 | | Sec. 382.221. COUNTY AIR QUALITY FEE. (a) In this section: |
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| 14 | 14 | | (1) "Department" means the Texas Department of Motor |
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| 15 | 15 | | Vehicles. |
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| 16 | 16 | | (2) "State-funded air quality program" means: |
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| 17 | 17 | | (A) the low-income vehicle repair assistance, |
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| 18 | 18 | | retrofit, and accelerated vehicle retirement program under Section |
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| 19 | 19 | | 382.209; and |
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| 20 | 20 | | (B) a local initiative project program under |
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| 21 | 21 | | Section 382.220. |
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| 22 | 22 | | (b) An affected county that has incidents approaching, or |
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| 23 | 23 | | monitors incidents that exceed, the national ambient air quality |
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| 24 | 24 | | standards for ozone may by order adopt a county air quality fee to |
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| 25 | 25 | | be used by the county only for a county-funded version of a |
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| 26 | 26 | | state-funded air quality program. The county-funded program must be |
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| 27 | 27 | | overseen by the commission. |
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| 28 | 28 | | (c) A county may not discontinue a state-funded air quality |
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| 29 | 29 | | program in the county in anticipation of imposing a fee under this |
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| 30 | 30 | | section if the discontinuance would cause a violation of 42 U.S.C. |
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| 31 | 31 | | Section 7511d. |
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| 32 | 32 | | (d) A fee imposed under this section is not a Clean Air Act |
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| 33 | 33 | | fee. |
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| 34 | 34 | | (e) A county that adopts a fee under this section shall |
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| 35 | 35 | | notify the department, in a manner determined by the department, of |
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| 36 | 36 | | the fee and the fee amount not later than the 60th day before the |
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| 37 | 37 | | date the county imposes the fee. |
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| 38 | 38 | | (f) The amount of a fee imposed under this section may not |
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| 39 | 39 | | exceed the amount of a fee assessed in the county for an |
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| 40 | 40 | | emissions-related inspection. |
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| 41 | 41 | | (g) The county assessor-collector of a county imposing a fee |
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| 42 | 42 | | under this section shall collect the additional fee for a vehicle at |
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| 43 | 43 | | the time of registration, when other fees imposed under this |
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| 44 | 44 | | chapter and Chapter 548, Transportation Code, are collected under |
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| 45 | 45 | | Section 548.509, Transportation Code. |
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| 46 | 46 | | (h) The department shall collect the additional fee on a |
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| 47 | 47 | | vehicle that is owned by a resident of a county imposing a fee under |
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| 48 | 48 | | this section and that must be registered directly with the |
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| 49 | 49 | | department. The department shall send all fees collected for a |
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| 50 | 50 | | county under this subsection to the county treasurer. The |
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| 51 | 51 | | department may deduct for administrative costs an amount of not |
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| 52 | 52 | | more than one percent of the amount of fees collected under this |
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| 53 | 53 | | section. |
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| 54 | 54 | | (i) The department shall adopt rules necessary to implement |
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| 55 | 55 | | this section. |
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| 56 | 56 | | SECTION 2. This Act takes effect September 1, 2015. |
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