By: Huberty H.B. No. 402
A BILL TO BE ENTITLED
AN ACT
relating to the low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement program and local initiative air
quality projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 403.071(b), Government Code, is amended
to read as follows:
(b) A claim may not be paid from an appropriation unless the
claim is presented to the comptroller for payment not later than two
years after the end of the fiscal year for which the appropriation
was made. However, a claim may be presented not later than four
years after the end of the fiscal year for which the appropriation
from which the claim is to be paid was made if the appropriation
relates to:
(1) new construction contracts;
(2) funding for a local initiative project described
by Section 382.220 or 382.221, Health and Safety Code, that
involves construction in a county described by Section 382.221,
Health and Safety Code;
(3) [, to] grants awarded under Chapter 391, Health
and Safety Code;
(4) [, or to] repair and remodeling projects that
exceed the amount of $20,000, including furniture and other
equipment, architects' and engineering fees; or
(5) [, and] other costs related to the contracts, [or]
projects, or grants.
SECTION 2. Section 382.202(g), Health and Safety Code, is
amended to read as follows:
(g) The commission shall:
(1) use part of the fee collected under Subsection (e)
to fund low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement programs created under Section
382.209; and
(2) to the extent practicable, distribute available
funding created under Subsection (e) among [to] participating
counties:
(A) in reasonable proportion to the amount of
fees collected under Subsection (e) in those counties or in the
regions in which those counties are located; and
(B) so that a county with a population of at least
four million receives 90 percent of the revenue derived from fees
collected in the county.
SECTION 3. Section 382.209, Health and Safety Code, is
amended by adding Subsections (k), (l), and (m) to read as follows:
(k) The commissioners court of a participating county may
adopt a resolution to end the low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program in the county.
The commissioners court shall submit the resolution to the
commission and to the county tax assessor-collector. The
resolution must include a date on which a fee may not be imposed
under Section 382.202 or 382.302 for the purposes of the county's
low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program on vehicles being inspected or
registered in the county. The date must be:
(1) the first day of a month; and
(2) at least 30 days after the date the resolution is
submitted to the commission.
(l) On receipt of a resolution under Subsection (k), the
commission shall notify, in writing, the Texas Department of Motor
Vehicles, the Department of Public Safety, and the Legislative
Budget Board that a fee may not be imposed under Section 382.202 or
382.302 for the purposes of the county's low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement program
on vehicles being inspected or registered in the county after the
date established under Subsection (k).
(m) To the extent practicable, the commission shall
distribute to the county money collected in the county before the
date established under Subsection (k) from a fee authorized under
Section 382.202 or 382.302 for the purposes of the county's
low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program. The county may use money distributed to
the county under this subsection for remaining expenses of the
program or for any other purpose.
SECTION 4. Subchapter G, Chapter 382, Health and Safety
Code, is amended by adding Section 382.221 to read as follows:
Sec. 382.221. LOW-INCOME VEHICLE REPAIR ASSISTANCE,
RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM AND LOCAL
INITIATIVE PROJECTS IN CERTAIN COUNTIES. (a) This section applies
only to a county with a population of at least 420,000 that
participates in the low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program created under
Section 382.209.
(b) To the extent that this section is inconsistent or in
conflict with another provision of this subchapter, this section
prevails.
(c) A project a county implements under Section 382.220 may
include a program to enhance transportation system improvements,
including improvements meant to reduce congestion on existing
roads, but not including toll projects.
(d) A county may use fees collected under Sections 382.202
and 382.302 for a program or project described by Section 382.220 or
this section. A county that receives money under Section 382.220 or
this section:
(1) is not required to provide matching funds for a
program or project; and
(2) may allocate money to a program or project under
Section 382.209, Section 382.220, or this section at the discretion
of the county.
(e) Money used by a county to implement a program or project
under Section 382.220 or this section that involves construction
for a fiscal year may be distributed to the county to be used for the
program or project in subsequent fiscal years if the money has been
made available to the county and has been treated as a binding
encumbrance by the commission before the end of the appropriation
year of the money appropriated for those purposes. Distribution of
the money is subject to Section 403.071, Government Code.
SECTION 5. This Act takes effect September 1, 2017.