By: Pickett H.B. No. 3393
A BILL TO BE ENTITLED
AN ACT
relating to the extension of fees and surcharges providing revenue
to the Texas emissions reduction plan fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.251(c), Health and Safety Code, is
amended to read as follows:
(c) The fund consists of:
(1) the amount of money deposited to the credit of the
fund under:
(A) Section 386.056;
(B) Sections 151.0515 and 152.0215, Tax Code; and
(C) Sections [501.138,] 502.358[,] and 548.5055,
Transportation Code; and
(2) grant money recaptured under Section 386.111(d)
and Chapter 391.
SECTION 2. Section 151.0515, Tax Code, is amended to add
Section (c-1) and to amend Section (d) read as follows:
(c-1) (1) Collection of the surcharge imposed by this
section shall be suspended for a period beginning September 1,
2017, and ending August 31, 2025, with collections to resume
September 1, 2025, provided that this section has not expired prior
to that date.
(2) During the period of suspension in (1), should the
Texas commission on environmental quality estimate a balance in the
fund at an amount that continued appropriations, transfers, and
other deductions out of the fund for the following state fiscal
biennium at then-current levels will cause the balance in the fund
to fall below $500 million during that biennium, the commission
shall notify the comptroller that the fund is estimated to be below
the desired base level. If the comptroller concurs with that
estimate, the suspension period will terminate early, and the
comptroller shall cause collection of the surcharge to resume
beginning September 1 of the following state fiscal biennium or as
soon thereafter as is feasible, provided that this section has not
expired prior to that date.
(d) This section expires on the last day of the state fiscal
biennium containing the date marking five years from the United
States Environmental Protection Agency publication of
certification in the Federal Register that, with respect to each
national ambient air quality standard for ozone under 40 C.F.R.
Section 81.344, the United States Environmental Protection Agency
has, for each designated area in Texas under that section:
(1) designated the area as attainment or
unclassifiable; or
(2) approved a redesignation substitute making a
finding of attainment for the area [August 31, 2019].
SECTION 28. Section 152.0215, Tax Code, is amended to add
subsection (b-1) and to amend subsection (c) to read as follows:
(b-1) (1) Collection of the surcharge imposed by this
section shall be suspended for a period beginning September 1,
2017, and ending August 31, 2025, with collections to resume
September 1, 2025, provided that this section has not expired prior
to that date.
(2) During the period of suspension in (1), should the
Texas commission on environmental quality estimate a balance in the
Texas emissions reduction plan fund at an amount that continued
appropriations, transfers, and other deductions out of the fund for
the following state fiscal biennium at then-current levels will
cause the balance in the fund to fall below $500 million during that
biennium, the commission shall notify the comptroller that the fund
is estimated to be below the desired base level. If the comptroller
concurs with that estimate, the suspension period will terminate
early, and the comptroller shall cause collection of the surcharge
to resume beginning September 1 of the following state fiscal
biennium or as soon thereafter as is feasible, provided that this
section has not expired prior to that date.
(c) This section expires on the last day of the state fiscal
biennium containing the date marking five years from the United
States Environmental Protection Agency publication of
certification in the Federal Register that, with respect to each
national ambient air quality standard for ozone under 40 C.F.R.
Section 81.344, the United States Environmental Protection Agency
has, for each designated area in Texas under that section:
(1) designated the area as attainment or
unclassifiable; or
(2) approved a redesignation substitute making a
finding of attainment for the area [August 31, 2019].
SECTION 3. Section 501.138(b-1), Transportation Code, is
amended to read as follows:
(b-1) Fees collected under Subsection (b) to be sent to the
comptroller shall be deposited to the credit of the Texas Mobility
Fund[, except that $5 of each fee imposed under Subsection (a)(1)
and deposited on or after September 1, 2008, and before September 1,
2015, shall be deposited to the credit of the Texas emissions
reduction plan fund].
SECTION 4. Section 502.358, Transportation Code, is amended
so add Subsection (b-1) and to amend Subsection (c) to read as
follows:
(b-1) (1) Collection of the surcharge imposed by this
section shall be suspended for a period beginning September 1,
2017, and ending August 31, 2025, with collections to resume
September 1, 2025, provided that this section has not expired prior
to that date.
(2) During the period of suspension in (1), should the
Texas commission on environmental quality estimate a balance in the
Texas emissions reduction plan fund at an amount that continued
appropriations, transfers, and other deductions out of the fund for
the following state fiscal biennium at then-current levels will
cause the balance in the fund to fall below $500 million during that
biennium, the commission shall notify the comptroller that the fund
is estimated to be below the desired base level. If the comptroller
concurs with that estimate, the suspension period will terminate
early, and the comptroller shall cause collection of the surcharge
to resume beginning September 1 of the following state fiscal
biennium or as soon thereafter as is feasible, provided that this
section has not expired prior to that date.
(c) This section expires on the last day of the state fiscal
biennium containing the date marking five years from the United
States Environmental Protection Agency publication of
certification in the Federal Register that, with respect to each
national ambient air quality standard for ozone under 40 C.F.R.
Section 81.344, the United States Environmental Protection Agency
has, for each designated area in Texas under that section:
(1) designated the area as attainment or
unclassifiable; or
(2) approved a redesignation substitute making a
finding of attainment for the area [August 31, 2019].
SECTION 5. The heading to Section 548.5055, Transportation
Code, is amended to read as follows:
Sec. 548.5055. TEXAS EMISSIONS [EMISSION] REDUCTION PLAN
FEE.
SECTION 6. Sections 548.5055, Transportation Code, is
amended to add Subsection (b-1) and to amend Subsections (b) and (c)
to read as follows:
(b) The department shall remit fees collected under this
section to the comptroller at the time and in the manner prescribed
by the comptroller for deposit in the Texas emissions [emission]
reduction plan fund.
(b-1) Collection of the fee imposed by this section shall be
suspended for a period beginning September 1, 2017, and ending
August 31, 2025, with collections to resume September 1, 2025,
provided that this section has not expired prior to that date.
(2) During the period of suspension in (1), should the
Texas commission on environmental quality estimate a balance in the
Texas emissions reduction plan fund at an amount that continued
appropriations, transfers, and other deductions out of the fund for
the following state fiscal biennium at then-current levels will
cause the balance in the fund to fall below $500 million during that
biennium, the commission shall notify the comptroller and the
department that the fund is estimated to be below the desired base
level. If the comptroller agrees with that estimate, the
comptroller shall notify the department and the suspension period
will terminate early. Upon notification, the department shall cause
collection of the fee to resume beginning September 1 of the
following state fiscal biennium or as soon thereafter as is
feasible, provided that this section has not expired prior to that
date.
(c) This section expires on the last day of the state fiscal
biennium containing the date marking five years from the United
States Environmental Protection Agency publication of
certification in the Federal Register that, with respect to each
national ambient air quality standard for ozone under 40 C.F.R.
Section 81.344, the United States Environmental Protection Agency
has, for each designated area in Texas under that section:
(1) designated the area as attainment or
unclassifiable; or
(2) approved a redesignation substitute making a
finding of attainment for the area [August 31, 2019].
SECTION 7. Sections 501.138(b-2) and (b-3), Transportation
Code, are repealed.
SECTION 8. The changes in law made by this Act apply only to
a fee or surcharge collected on or after the effective date of this
Act. A fee or surcharge collected before the effective date of this
Act is governed by the law in effect when the fee or surcharge was
collected, and the former law is continued in effect for that
purpose.
SECTION 9. This Act takes effect September 1, 2017.