| 1 | 1 | | 84R3177 JXC-D |
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| 2 | 2 | | By: Watson S.B. No. 922 |
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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 in which a fee is not collected for a |
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| 23 | 23 | | state-funded air quality program and that has incidents |
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| 24 | 24 | | approaching, or monitors incidents that exceed, the eight-hour |
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| 25 | 25 | | national ambient air quality standard for ozone may by order adopt a |
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| 26 | 26 | | county air quality fee to be used by the county only for a |
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| 27 | 27 | | county-funded version of a state-funded air quality program. The |
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| 28 | 28 | | county-funded program must be overseen by the commission. |
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| 29 | 29 | | (c) A county may not discontinue a state-funded air quality |
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| 30 | 30 | | program in the county in anticipation of imposing a fee under this |
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| 31 | 31 | | section if the discontinuance would cause a violation of 42 U.S.C. |
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| 32 | 32 | | Section 7511d. |
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| 33 | 33 | | (d) A fee imposed under this section is not a Clean Air Act |
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| 34 | 34 | | fee. |
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| 35 | 35 | | (e) A county that adopts a fee under this section shall |
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| 36 | 36 | | notify the department, in a manner determined by the department, of |
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| 37 | 37 | | the fee and the fee amount not later than the 60th day before the |
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| 38 | 38 | | date the county imposes the fee. |
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| 39 | 39 | | (f) The amount of a fee imposed under this section must be: |
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| 40 | 40 | | (1) in an amount equal to the amount of a fee that was |
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| 41 | 41 | | imposed in the county for the purposes of a state-funded air quality |
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| 42 | 42 | | program before the county imposed the fee under this section, if |
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| 43 | 43 | | applicable; or |
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| 44 | 44 | | (2) in an amount the county determines is necessary to |
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| 45 | 45 | | cover the costs to the county of implementing a county-funded |
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| 46 | 46 | | version of a state-funded air quality program, as approved by the |
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| 47 | 47 | | commission. |
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| 48 | 48 | | (g) The county assessor-collector of a county imposing a fee |
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| 49 | 49 | | under this section shall collect the additional fee for a vehicle at |
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| 50 | 50 | | the time of registration, when other fees imposed under this |
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| 51 | 51 | | chapter and Chapter 548, Transportation Code, are collected under |
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| 52 | 52 | | Section 548.509, Transportation Code. |
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| 53 | 53 | | (h) The department shall collect the additional fee on a |
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| 54 | 54 | | vehicle that is owned by a resident of a county imposing a fee under |
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| 55 | 55 | | this section and that must be registered directly with the |
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| 56 | 56 | | department. The department shall send all fees collected for a |
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| 57 | 57 | | county under this subsection to the county treasurer. The |
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| 58 | 58 | | department may deduct for administrative costs an amount of not |
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| 59 | 59 | | more than two percent of the amount of fees collected under this |
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| 60 | 60 | | section. |
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| 61 | 61 | | (i) The department shall adopt rules necessary to implement |
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| 62 | 62 | | this section. |
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| 63 | 63 | | SECTION 2. (a) Notwithstanding Section 382.221(e), Health |
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| 64 | 64 | | and Safety Code, as added by this Act, the first county in this |
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| 65 | 65 | | state that adopts a fee under Section 382.221, Health and Safety |
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| 66 | 66 | | Code, as added by this Act, must notify the Texas Department of |
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| 67 | 67 | | Motor Vehicles, in a manner determined by the department, of the fee |
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| 68 | 68 | | and the fee amount not later than the 120th day before the date the |
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| 69 | 69 | | county imposes the fee. |
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| 70 | 70 | | (b) A second or subsequent county in this state that adopts |
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| 71 | 71 | | a fee under Section 382.221, Health and Safety Code, as added by |
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| 72 | 72 | | this Act, may not impose the adopted fee before the date the county |
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| 73 | 73 | | described by Subsection (a) of this section imposes the fee adopted |
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| 74 | 74 | | by that county. |
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| 75 | 75 | | SECTION 3. This Act takes effect September 1, 2015. |
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