Texas 2017 - 85th Regular

Texas House Bill HB2321 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Turner, Howard, Giddings H.B. No. 2321
2	2	(Senate Sponsor - Watson)
3	3	(In the Senate - Received from the House May 1, 2017;
4	4	May 12, 2017, read first time and referred to Committee on Natural
5	5	Resources & Economic Development; May 18, 2017, reported favorably
6	6	by the following vote: Yeas 7, Nays 4; May 18, 2017, sent to
7	7	printer.)
8	8	Click here to see the committee vote
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to low-income vehicle repair assistance, retrofit, and
14	14	accelerated vehicle retirement programs and local initiative
15	15	projects.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Section 382.201, Health and Safety Code, is
18	18	amended by adding Subdivision (4-a) to read as follows:
19	19	(4-a) "Purchase" means a transaction in which a person
20	20	buys a vehicle.
21	21	SECTION 2. Section 382.202(g), Health and Safety Code, is
22	22	amended to read as follows:
23	23	(g) The commission shall:
24	24	(1) use part of the fee collected under Subsection (e)
25	25	to fund county [low-income vehicle repair assistance, retrofit, and
26	26	accelerated vehicle retirement] programs and projects as provided
27	27	by Section 382.220 [created under Section 382.209]; and
28	28	(2) to the extent practicable, distribute available
29	29	funding created under Subsection (e) to participating counties in
30	30	reasonable proportion to the amount of fees collected under
31	31	Subsection (e) in those counties or in the regions in which those
32	32	counties are located.
33	33	SECTION 3. Sections 382.209(b) and (e), Health and Safety
34	34	Code, are amended to read as follows:
35	35	(b) The commission shall provide funding for local
36	36	low-income vehicle repair assistance, retrofit, and accelerated
37	37	vehicle retirement programs as provided by Section 382.220 [with
38	38	available funds collected under Section 382.202, 382.302, or other
39	39	designated and available funds]. The programs shall be
40	40	administered in accordance with Chapter 783, Government Code.
41	41	Program costs may include call center management, application
42	42	oversight, invoice analysis, education, outreach, and advertising.
43	43	Not more than 10 percent of the money provided to a local low-income
44	44	vehicle repair assistance, retrofit, and accelerated vehicle
45	45	retirement program [under this section] may be used for the
46	46	administration of the program [programs], including program costs.
47	47	(e) A vehicle is not eligible to participate in a low-income
48	48	vehicle repair assistance, retrofit, and accelerated vehicle
49	49	retirement program established under this section unless:
50	50	(1) the vehicle is capable of being operated;
51	51	(2) the [registration of the] vehicle:
52	52	(A) is registered in a county implementing the
53	53	program [is current]; or [and]
54	54	(B) [reflects that the vehicle] has been
55	55	registered in a [the] county implementing the program for at least
56	56	12 of the 15 months preceding the application for participation in
57	57	the program;
58	58	(3) the commissioners court of the county
59	59	administering the program determines that the vehicle meets the
60	60	eligibility criteria adopted by the commission, the Texas
61	61	Department of Motor Vehicles, and the Public Safety Commission;
62	62	(4) if the vehicle is to be repaired, the repair is
63	63	done by a repair facility recognized by the Department of Public
64	64	Safety, which may be an independent or private entity licensed by
65	65	the state; and
66	66	(5) if the vehicle is to be retired under this
67	67	subsection and Section 382.213, the replacement vehicle is a
68	68	qualifying motor vehicle.
69	69	SECTION 4. Sections 382.210(a), (b), and (f), Health and
70	70	Safety Code, are amended to read as follows:
71	71	(a) The commission by rule shall adopt guidelines to assist
72	72	a participating county in implementing a low-income vehicle repair
73	73	assistance, retrofit, and accelerated vehicle retirement program
74	74	authorized under Section 382.209. The guidelines at a minimum
75	75	shall recommend:
76	76	(1) a [minimum and] maximum amount for repair
77	77	assistance of at least $800;
78	78	(2) an [a minimum and maximum] amount to be put toward
79	79	the purchase price of a replacement vehicle qualified for the
80	80	accelerated retirement program, based on vehicle type and model
81	81	year, of at least [with the maximum amount not to exceed]:
82	82	(A) $4,000 [$3,000] for a replacement car of the
83	83	current model year or the previous four [three] model years, except
84	84	as provided by Paragraph (C);
85	85	(B) $4,000 [$3,000] for a replacement truck of
86	86	the current model year or the previous three [two] model years,
87	87	except as provided by Paragraph (C); and
88	88	(C) $4,500 [$3,500] for a replacement vehicle of
89	89	the current model year or the previous four [three] model years
90	90	that:
91	91	(i) is a hybrid vehicle, electric vehicle,
92	92	or natural gas vehicle; or
93	93	(ii) has been certified to meet federal
94	94	Tier 2, Bin 3 or a cleaner Bin certification under 40 C.F.R. Section
95	95	86.1811-04, as published in the February 10, 2000, Federal
96	96	Register, or to meet federal Tier 3, Bin 85 or a cleaner Bin
97	97	certification under 40 C.F.R. Section 86.1811-17;
98	98	(3) criteria for determining eligibility, taking into
99	99	account:
100	100	(A) the vehicle owner's income, which may not
101	101	exceed 300 percent of the federal poverty level;
102	102	(B) the fair market value of the vehicle; and
103	103	(C) any other relevant considerations;
104	104	(4) safeguards for preventing fraud in the repair,
105	105	purchase, or sale of a vehicle in the program; and
106	106	(5) procedures for determining the degree and amount
107	107	of repair assistance a vehicle is allowed, based on:
108	108	(A) the amount of money the vehicle owner has
109	109	spent on repairs;
110	110	(B) the vehicle owner's income; and
111	111	(C) any other relevant factors.
112	112	(b) A replacement vehicle described by Subsection (a)(2)
113	113	must:
114	114	(1) except as provided by Subsection (c), be a vehicle
115	115	in a class or category of vehicles that has been certified to meet
116	116	federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R.
117	117	Section 86.1811-04, as published in the February 10, 2000, Federal
118	118	Register, or to meet federal Tier 3, Bin 160 or a cleaner Bin
119	119	certification under 40 C.F.R. Section 86.1811-17;
120	120	(2) have a gross vehicle weight rating of less than
121	121	10,000 pounds;
122	122	(3) have an odometer reading of not more than 85,000
123	123	[70,000] miles; and
124	124	(4) be a vehicle the total purchase price [cost] of
125	125	which does not exceed:
126	126	(A) for a vehicle described by Subsection
127	127	(a)(2)(A) or (B), $35,000; or
128	128	(B) for a vehicle described by Subsection
129	129	(a)(2)(C), $45,000.
130	130	(f) For the purposes of Subsection (b), a reference to the
131	131	total purchase price of a motor vehicle [In this section, "total
132	132	cost"] means the total amount of money paid or to be paid for the
133	133	purchase of a motor vehicle as set forth as "sales price" in the
134	134	form entitled "Application for Texas Certificate of Title"
135	135	promulgated by the Texas Department of Motor Vehicles. In a
136	136	transaction that does not involve the use of that form, the term
137	137	means an amount of money that is equivalent, or substantially
138	138	equivalent, to the amount that would appear as "sales price" on the
139	139	Application for Texas Certificate of Title if that form were
140	140	involved.
141	141	SECTION 5. Section 382.220, Health and Safety Code, is
142	142	amended to read as follows:
143	143	Sec. 382.220. COUNTY USE OF MONEY FROM VEHICLE EMISSIONS
144	144	INSPECTION FEES; [FUNDING FOR] LOCAL INITIATIVE PROJECTS. (a) The
145	145	commission:
146	146	(1) shall provide funding to participating counties
147	147	for local low-income vehicle repair assistance, retrofit, and
148	148	accelerated vehicle retirement programs under Section 382.209
149	149	using:
150	150	(A) available funds derived from fees collected
151	151	through vehicle emissions inspection and maintenance programs
152	152	under Sections 382.202 and 382.302; and
153	153	(B) other designated and available funds; and
154	154	(2) may provide funding to participating counties for
155	155	local initiative projects under Subsection (b) using available
156	156	funds derived from fees collected through vehicle emissions
157	157	inspection and maintenance programs under Sections 382.202 and
158	158	382.302.
159	159	(a-1) A participating county that implements a local
160	160	initiative project under Subsection (b) must use at least 50
161	161	percent of the money made available to the county under Section
162	162	382.202(g) or 382.302 for the county's low-income vehicle repair
163	163	assistance, retrofit, and accelerated vehicle retirement program.
164	164	(a-2) Money that is made available to participating
165	165	counties under Section 382.202(g) or 382.302 may be appropriated
166	166	only for programs administered in accordance with Chapter 783,
167	167	Government Code, to improve air quality.
168	168	(a-3) A participating county may agree to contract with any
169	169	appropriate entity, including a metropolitan planning organization
170	170	or a council of governments, to implement a program under Section
171	171	382.202 or[,] 382.209[,] or a project under Subsection (b) [this
172	172	section].
173	173	(b) A participating county may implement a local initiative
174	174	project, which [program under this section] must be implemented in
175	175	consultation with the commission and may include a program to:
176	176	(1) expand and enhance the AirCheck Texas Repair and
177	177	Replacement Assistance Program;
178	178	(2) develop and implement programs or systems that
179	179	remotely determine vehicle emissions and notify the vehicle's
180	180	operator;
181	181	(3) develop and implement projects to implement the
182	182	commission's smoking vehicle program;
183	183	(4) develop and implement projects in consultation
184	184	with the director of the Department of Public Safety for
185	185	coordinating with local law enforcement officials to reduce the use
186	186	of counterfeit registration insignia and vehicle inspection
187	187	reports by providing local law enforcement officials with funds to
188	188	identify vehicles with counterfeit registration insignia and
189	189	vehicle inspection reports and to carry out appropriate actions;
190	190	(5) develop and implement programs to enhance
191	191	transportation system improvements; [or]
192	192	(6) develop and implement new air control strategies
193	193	designed to assist local areas in complying with state and federal
194	194	air quality rules and regulations; or
195	195	(7) improve air quality through the replacement and
196	196	retirement of fleet vehicles as authorized by Subsection (d).
197	197	(c) Except as provided by Subsection (d), money [Money] that
198	198	is made available for the implementation of a program under
199	199	Subsection (b) may not be expended for local government fleet or
200	200	vehicle acquisition or replacement, call center management,
201	201	application oversight, invoice analysis, education, outreach, or
202	202	advertising purposes.
203	203	(d) A participating county may use money that has been
204	204	allocated by the commission to the county for a program under
205	205	Subsection (b) and that has not been spent by the last day of the
206	206	fiscal year in which the money was allocated for the replacement and
207	207	retirement of local government fleet vehicles. Money available for
208	208	use under this subsection must be spent not later than the second
209	209	anniversary of the last day of the fiscal year in which the
210	210	commission allocated the funds [Fees collected under Sections
211	211	382.202 and 382.302 may be used in an amount not to exceed $7
212	212	million per fiscal year for projects described by Subsection (b),
213	213	of which $2 million may be used only for projects described by
214	214	Subsection (b)(4). The remaining $5 million may be used for any
215	215	project described by Subsection (b). The fees shall be made
216	216	available only to counties participating in the low-income vehicle
217	217	repair assistance, retrofit, and accelerated vehicle retirement
218	218	programs created under Section 382.209 and only on a matching
219	219	basis, whereby the commission provides money to a county in the same
220	220	amount that the county dedicates to a project authorized by
221	221	Subsection (b). The commission may reduce the match requirement
222	222	for a county that proposes to develop and implement independent
223	223	test facility fraud detection programs, including the use of remote
224	224	sensing technology for coordinating with law enforcement officials
225	225	to detect, prevent, and prosecute the use of counterfeit
226	226	registration insignia and vehicle inspection reports].
227	227	SECTION 6. Section 382.302(e), Health and Safety Code, is
228	228	amended to read as follows:
229	229	(e) A participating county may participate in the program
230	230	established under Section 382.209 and may implement a local
231	231	initiative project under Section 382.220.
232	232	SECTION 7. This Act takes effect September 1, 2017.
233	233	* * * * *