Texas 2017 - 85th Regular

Texas House Bill HB402 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R2511 JXC-F
2	1		By: Huberty H.B. No. 402
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7		-	relating to ~~money used by certain counties for~~ the low-income
8		-	~~vehicle repair assistance, retrofit, and~~ accelerated vehicle
9		-	~~retirement program and local initiative air~~ quality projects.
	6	+	relating to the low-income vehicle repair assistance, retrofit, and
	7	+	accelerated vehicle retirement program and local initiative air
	8	+	quality projects.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Section 403.071(b), Government Code, is amended
12	11		to read as follows:
13	12		(b) A claim may not be paid from an appropriation unless the
14	13		claim is presented to the comptroller for payment not later than two
15	14		years after the end of the fiscal year for which the appropriation
16	15		was made. However, a claim may be presented not later than four
17	16		years after the end of the fiscal year for which the appropriation
18	17		from which the claim is to be paid was made if the appropriation
19	18		relates to:
20	19		(1) new construction contracts;
21	20		(2) funding for a local initiative project described
22	21		by Section 382.220 or 382.221, Health and Safety Code, that
23	22		involves construction in a county described by Section 382.221,
24	23		Health and Safety Code;
25	24		(3) [, to] grants awarded under Chapter 391, Health
26	25		and Safety Code;
27	26		(4) [, or to] repair and remodeling projects that
28	27		exceed the amount of $20,000, including furniture and other
29	28		equipment, architects' and engineering fees; or
30	29		(5) [, and] other costs related to the contracts, [or]
31	30		projects, or grants.
32	31		SECTION 2. Section 382.202(g), Health and Safety Code, is
33	32		amended to read as follows:
34	33		(g) The commission shall:
35	34		(1) use part of the fee collected under Subsection (e)
36	35		to fund low-income vehicle repair assistance, retrofit, and
37	36		accelerated vehicle retirement programs created under Section
38	37		382.209; and
39	38		(2) to the extent practicable, distribute available
40	39		funding created under Subsection (e) among [to] participating
41	40		counties:
42	41		(A) in reasonable proportion to the amount of
43	42		fees collected under Subsection (e) in those counties or in the
44	43		regions in which those counties are located; and
45	44		(B) so that a county with a population of at least
46	45		four million receives 90 percent of the revenue derived from fees
47	46		collected in the county.
48		-	SECTION 3. Subchapter G, Chapter 382, Health and Safety
	47	+	SECTION 3. Section 382.209, Health and Safety Code, is
	48	+	amended by adding Subsections (k), (l), and (m) to read as follows:
	49	+	(k) The commissioners court of a participating county may
	50	+	adopt a resolution to end the low-income vehicle repair assistance,
	51	+	retrofit, and accelerated vehicle retirement program in the county.
	52	+	The commissioners court shall submit the resolution to the
	53	+	commission and to the county tax assessor-collector. The
	54	+	resolution must include a date on which a fee may not be imposed
	55	+	under Section 382.202 or 382.302 for the purposes of the county's
	56	+	low-income vehicle repair assistance, retrofit, and accelerated
	57	+	vehicle retirement program on vehicles being inspected or
	58	+	registered in the county. The date must be:
	59	+	(1) the first day of a month; and
	60	+	(2) at least 30 days after the date the resolution is
	61	+	submitted to the commission.
	62	+	(l) On receipt of a resolution under Subsection (k), the
	63	+	commission shall notify, in writing, the Texas Department of Motor
	64	+	Vehicles, the Department of Public Safety, and the Legislative
	65	+	Budget Board that a fee may not be imposed under Section 382.202 or
	66	+	382.302 for the purposes of the county's low-income vehicle repair
	67	+	assistance, retrofit, and accelerated vehicle retirement program
	68	+	on vehicles being inspected or registered in the county after the
	69	+	date established under Subsection (k).
	70	+	(m) To the extent practicable, the commission shall
	71	+	distribute to the county money collected in the county before the
	72	+	date established under Subsection (k) from a fee authorized under
	73	+	Section 382.202 or 382.302 for the purposes of the county's
	74	+	low-income vehicle repair assistance, retrofit, and accelerated
	75	+	vehicle retirement program. The county may use money distributed to
	76	+	the county under this subsection for remaining expenses of the
	77	+	program or for any other purpose.
	78	+	SECTION 4. Subchapter G, Chapter 382, Health and Safety
49	79		Code, is amended by adding Section 382.221 to read as follows:
50	80		Sec. 382.221. LOW-INCOME VEHICLE REPAIR ASSISTANCE,
51	81		RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM AND LOCAL
52	82		INITIATIVE PROJECTS IN CERTAIN COUNTIES. (a) This section applies
53		-	only to a county with a population of at least ~~four million~~ that
	83	+	only to a county with a population of at least 420,000 that
54	84		participates in the low-income vehicle repair assistance,
55	85		retrofit, and accelerated vehicle retirement program created under
56	86		Section 382.209.
57	87		(b) To the extent that this section is inconsistent or in
58	88		conflict with another provision of this subchapter, this section
59	89		prevails.
60	90		(c) A project a county implements under Section 382.220 may
61	91		include a program to enhance transportation system improvements,
62	92		including improvements meant to reduce congestion on existing
63	93		roads, but not including toll projects.
64	94		(d) A county may use fees collected under Sections 382.202
65	95		and 382.302 for a program or project described by Section 382.220 or
66	96		this section. A county that receives money under Section 382.220 or
67	97		this section:
68	98		(1) is not required to provide matching funds for a
69	99		program or project; and
70	100		(2) may allocate money to a program or project under
71	101		Section 382.209, Section 382.220, or this section at the discretion
72	102		of the county.
73	103		(e) Money used by a county to implement a program or project
74	104		under Section 382.220 or this section that involves construction
75	105		for a fiscal year may be distributed to the county to be used for the
76	106		program or project in subsequent fiscal years if the money has been
77	107		made available to the county and has been treated as a binding
78	108		encumbrance by the commission before the end of the appropriation
79	109		year of the money appropriated for those purposes. Distribution of
80	110		the money is subject to Section 403.071, Government Code.
81		-	SECTION 4. This Act takes effect September 1, 2017.
	111	+	SECTION 5. This Act takes effect September 1, 2017.