Texas 2017 - 85th Regular

Texas House Bill HB3393 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Pickett H.B. No. 3393
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the extension of fees and surcharges providing revenue
7	7	to the Texas emissions reduction plan fund.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 386.251(c), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(c) The fund consists of:
12	12	(1) the amount of money deposited to the credit of the
13	13	fund under:
14	14	(A) Section 386.056;
15	15	(B) Sections 151.0515 and 152.0215, Tax Code; and
16	16	(C) Sections [501.138,] 502.358[,] and 548.5055,
17	17	Transportation Code; and
18	18	(2) grant money recaptured under Section 386.111(d)
19	19	and Chapter 391.
20	20	SECTION 2. Section 151.0515, Tax Code, is amended to add
21	21	Section (c-1) and to amend Section (d) read as follows:
22	22	(c-1) (1) Collection of the surcharge imposed by this
23	23	section shall be suspended for a period beginning September 1,
24	24	2017, and ending August 31, 2025, with collections to resume
25	25	September 1, 2025, provided that this section has not expired prior
26	26	to that date.
27	27	(2) During the period of suspension in (1), should the
28	28	Texas commission on environmental quality estimate a balance in the
29	29	fund at an amount that continued appropriations, transfers, and
30	30	other deductions out of the fund for the following state fiscal
31	31	biennium at then-current levels will cause the balance in the fund
32	32	to fall below $500 million during that biennium, the commission
33	33	shall notify the comptroller that the fund is estimated to be below
34	34	the desired base level. If the comptroller concurs with that
35	35	estimate, the suspension period will terminate early, and the
36	36	comptroller shall cause collection of the surcharge to resume
37	37	beginning September 1 of the following state fiscal biennium or as
38	38	soon thereafter as is feasible, provided that this section has not
39	39	expired prior to that date.
40	40	(d) This section expires on the last day of the state fiscal
41	41	biennium containing the date marking five years from the United
42	42	States Environmental Protection Agency publication of
43	43	certification in the Federal Register that, with respect to each
44	44	national ambient air quality standard for ozone under 40 C.F.R.
45	45	Section 81.344, the United States Environmental Protection Agency
46	46	has, for each designated area in Texas under that section:
47	47	(1) designated the area as attainment or
48	48	unclassifiable; or
49	49	(2) approved a redesignation substitute making a
50	50	finding of attainment for the area [August 31, 2019].
51	51	SECTION 28. Section 152.0215, Tax Code, is amended to add
52	52	subsection (b-1) and to amend subsection (c) to read as follows:
53	53	(b-1) (1) Collection of the surcharge imposed by this
54	54	section shall be suspended for a period beginning September 1,
55	55	2017, and ending August 31, 2025, with collections to resume
56	56	September 1, 2025, provided that this section has not expired prior
57	57	to that date.
58	58	(2) During the period of suspension in (1), should the
59	59	Texas commission on environmental quality estimate a balance in the
60	60	Texas emissions reduction plan fund at an amount that continued
61	61	appropriations, transfers, and other deductions out of the fund for
62	62	the following state fiscal biennium at then-current levels will
63	63	cause the balance in the fund to fall below $500 million during that
64	64	biennium, the commission shall notify the comptroller that the fund
65	65	is estimated to be below the desired base level. If the comptroller
66	66	concurs with that estimate, the suspension period will terminate
67	67	early, and the comptroller shall cause collection of the surcharge
68	68	to resume beginning September 1 of the following state fiscal
69	69	biennium or as soon thereafter as is feasible, provided that this
70	70	section has not expired prior to that date.
71	71	(c) This section expires on the last day of the state fiscal
72	72	biennium containing the date marking five years from the United
73	73	States Environmental Protection Agency publication of
74	74	certification in the Federal Register that, with respect to each
75	75	national ambient air quality standard for ozone under 40 C.F.R.
76	76	Section 81.344, the United States Environmental Protection Agency
77	77	has, for each designated area in Texas under that section:
78	78	(1) designated the area as attainment or
79	79	unclassifiable; or
80	80	(2) approved a redesignation substitute making a
81	81	finding of attainment for the area [August 31, 2019].
82	82	SECTION 3. Section 501.138(b-1), Transportation Code, is
83	83	amended to read as follows:
84	84	(b-1) Fees collected under Subsection (b) to be sent to the
85	85	comptroller shall be deposited to the credit of the Texas Mobility
86	86	Fund[, except that $5 of each fee imposed under Subsection (a)(1)
87	87	and deposited on or after September 1, 2008, and before September 1,
88	88	2015, shall be deposited to the credit of the Texas emissions
89	89	reduction plan fund].
90	90	SECTION 4. Section 502.358, Transportation Code, is amended
91	91	so add Subsection (b-1) and to amend Subsection (c) to read as
92	92	follows:
93	93	(b-1) (1) Collection of the surcharge imposed by this
94	94	section shall be suspended for a period beginning September 1,
95	95	2017, and ending August 31, 2025, with collections to resume
96	96	September 1, 2025, provided that this section has not expired prior
97	97	to that date.
98	98	(2) During the period of suspension in (1), should the
99	99	Texas commission on environmental quality estimate a balance in the
100	100	Texas emissions reduction plan fund at an amount that continued
101	101	appropriations, transfers, and other deductions out of the fund for
102	102	the following state fiscal biennium at then-current levels will
103	103	cause the balance in the fund to fall below $500 million during that
104	104	biennium, the commission shall notify the comptroller that the fund
105	105	is estimated to be below the desired base level. If the comptroller
106	106	concurs with that estimate, the suspension period will terminate
107	107	early, and the comptroller shall cause collection of the surcharge
108	108	to resume beginning September 1 of the following state fiscal
109	109	biennium or as soon thereafter as is feasible, provided that this
110	110	section has not expired prior to that date.
111	111	(c) This section expires on the last day of the state fiscal
112	112	biennium containing the date marking five years from the United
113	113	States Environmental Protection Agency publication of
114	114	certification in the Federal Register that, with respect to each
115	115	national ambient air quality standard for ozone under 40 C.F.R.
116	116	Section 81.344, the United States Environmental Protection Agency
117	117	has, for each designated area in Texas under that section:
118	118	(1) designated the area as attainment or
119	119	unclassifiable; or
120	120	(2) approved a redesignation substitute making a
121	121	finding of attainment for the area [August 31, 2019].
122	122	SECTION 5. The heading to Section 548.5055, Transportation
123	123	Code, is amended to read as follows:
124	124	Sec. 548.5055. TEXAS EMISSIONS [EMISSION] REDUCTION PLAN
125	125	FEE.
126	126	SECTION 6. Sections 548.5055, Transportation Code, is
127	127	amended to add Subsection (b-1) and to amend Subsections (b) and (c)
128	128	to read as follows:
129	129	(b) The department shall remit fees collected under this
130	130	section to the comptroller at the time and in the manner prescribed
131	131	by the comptroller for deposit in the Texas emissions [emission]
132	132	reduction plan fund.
133	133	(b-1) Collection of the fee imposed by this section shall be
134	134	suspended for a period beginning September 1, 2017, and ending
135	135	August 31, 2025, with collections to resume September 1, 2025,
136	136	provided that this section has not expired prior to that date.
137	137	(2) During the period of suspension in (1), should the
138	138	Texas commission on environmental quality estimate a balance in the
139	139	Texas emissions reduction plan fund at an amount that continued
140	140	appropriations, transfers, and other deductions out of the fund for
141	141	the following state fiscal biennium at then-current levels will
142	142	cause the balance in the fund to fall below $500 million during that
143	143	biennium, the commission shall notify the comptroller and the
144	144	department that the fund is estimated to be below the desired base
145	145	level. If the comptroller agrees with that estimate, the
146	146	comptroller shall notify the department and the suspension period
147	147	will terminate early. Upon notification, the department shall cause
148	148	collection of the fee to resume beginning September 1 of the
149	149	following state fiscal biennium or as soon thereafter as is
150	150	feasible, provided that this section has not expired prior to that
151	151	date.
152	152	(c) This section expires on the last day of the state fiscal
153	153	biennium containing the date marking five years from the United
154	154	States Environmental Protection Agency publication of
155	155	certification in the Federal Register that, with respect to each
156	156	national ambient air quality standard for ozone under 40 C.F.R.
157	157	Section 81.344, the United States Environmental Protection Agency
158	158	has, for each designated area in Texas under that section:
159	159	(1) designated the area as attainment or
160	160	unclassifiable; or
161	161	(2) approved a redesignation substitute making a
162	162	finding of attainment for the area [August 31, 2019].
163	163	SECTION 7. Sections 501.138(b-2) and (b-3), Transportation
164	164	Code, are repealed.
165	165	SECTION 8. The changes in law made by this Act apply only to
166	166	a fee or surcharge collected on or after the effective date of this
167	167	Act. A fee or surcharge collected before the effective date of this
168	168	Act is governed by the law in effect when the fee or surcharge was
169	169	collected, and the former law is continued in effect for that
170	170	purpose.
171	171	SECTION 9. This Act takes effect September 1, 2017.