84R28386 JXC-F By: McClendon H.B. No. 457 Substitute the following for H.B. No. 457: By: Pickett C.S.H.B. No. 457 A BILL TO BE ENTITLED AN ACT relating to the Texas emissions reduction plan, including the use of money in the Texas emissions reduction plan fund for rail projects. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 386.002, Health and Safety Code, is amended to read as follows: Sec. 386.002. EXPIRATION. This chapter expires August 31, 2023 [2019]. SECTION 2. Subchapter F, Chapter 386, Health and Safety Code, is amended by adding Section 386.253 to read as follows: Sec. 386.253. RAIL PROJECTS. A rail project, including a rail relocation and improvement project, that meets the criteria of a program established under this chapter is eligible to receive a grant or other funding from the Texas emissions reduction plan fund. SECTION 3. Sections 501.138(b-2) and (b-3), Transportation Code, are amended to read as follows: (b-2) The comptroller shall establish a record of the amount of the fees deposited to the credit of the Texas Mobility Fund under Subsection (b-1). On or before the fifth workday of each month, the Texas Department of Transportation shall remit to the comptroller for deposit to the credit of the Texas emissions reduction plan fund an amount of money equal to the amount of the fees deposited by the comptroller to the credit of the Texas Mobility Fund under Subsection (b-1) in the preceding month. The Texas Department of Transportation shall use for remittance to the comptroller as required by this subsection money in the state highway fund that is not required to be used for a purpose specified by Section 7-a, Article VIII, Texas Constitution, and may not use for that remittance money received by this state under the congestion mitigation and air quality improvement program established under 23 U.S.C. Section 149. A rail project, including a rail relocation and improvement project, that meets the criteria of a program established under the Texas emissions reduction plan is eligible to receive a grant or other funding from the Texas emissions reduction plan fund out of money deposited to the fund under this subsection. (b-3) This subsection and Subsection (b-2) expire August 31, 2023 [2019]. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.