By: Estes S.B. No. 1046
(In the Senate - Filed February 23, 2017; March 6, 2017,
read first time and referred to Committee on Natural Resources &
Economic Development; March 30, 2017, reported favorably by the
following vote: Yeas 7, Nays 3; March 30, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to sources of funding for the Texas emissions reduction
plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 151.0515(d), Tax Code, is amended to
read as follows:
(d) This section expires on the last day of the state fiscal
biennium during which the Texas Commission on Environmental Quality
publishes in the Texas Register certification 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 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 2. Section 152.0215(c), Tax Code, is amended to
read as follows:
(c) This section expires on the last day of the state fiscal
biennium during which the Texas Commission on Environmental Quality
publishes in the Texas Register certification 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 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, Transportation Code, is amended
by amending Subsections (b-1), (b-2), and (b-3) and adding
Subsection (b-4) to read as follows:
(b-1) Except as provided by Subsection (b-4), fees [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.
(b-2) The comptroller shall establish a record of the amount
of the fees deposited to the credit of the Texas emissions reduction
plan fund [Mobility Fund] under Subsection (b-1). On or before the
fifth workday of each month, the Texas Department of Transportation
shall remit to the comptroller for deposit to the credit of the
Texas Mobility Fund [emissions reduction plan fund] an amount of
money equal to the amount of the fees deposited by the comptroller
to the credit of the Texas emissions reduction plan fund [Mobility
Fund] under Subsection (b-1) in the preceding month. The Texas
Department of Transportation shall use for remittance to the
comptroller as required by this subsection money in the state
highway fund that is not required to be used for a purpose specified
by Section 7-a, Article VIII, Texas Constitution, and may not use
for that remittance money received by this state under the
congestion mitigation and air quality improvement program
established under 23 U.S.C. Section 149.
(b-3) This subsection and Subsections (b-1) and
[Subsection] (b-2) expire on the last day of the state fiscal
biennium during which the Texas Commission on Environmental Quality
publishes in the Texas Register certification 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 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].
(b-4) Fees collected under Subsection (b) to be sent to the
comptroller shall be deposited to the credit of the Texas Mobility
Fund if the fees are collected on or after the last day of the state
fiscal biennium during which the Texas Commission on Environmental
Quality publishes in the Texas Register certification 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 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.
SECTION 4. Section 502.358(c), Transportation Code, is
amended to read as follows:
(c) This section expires on the last day of the state fiscal
biennium during which the Texas Commission on Environmental Quality
publishes in the Texas Register certification 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 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(b) and (c), Transportation
Code, are amended 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.
(c) This section expires on the last day of the state fiscal
biennium during which the conservation commission publishes in the
Texas Register certification 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 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. The changes in law made by this Act to Section
501.138, Transportation Code, apply only to a fee collected on or
after the effective date of this Act. A fee collected before the
effective date of this Act is governed by the law in effect when the
fee was collected, and the former law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2017, but only
if S.B. 26, or similar legislation of the 85th Legislature, Regular
Session, 2017, that changes the expiration dates for the Texas
emissions reduction plan and certain programs funded under that
plan becomes law. If such a bill does not become law, this Act has
no effect.
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