Texas 2019 - 86th Regular

Texas House Bill HB2253 Compare Versions

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

Old	New	Differences
1	1	86R4538 JRR-F
2	2	By: Israel H.B. No. 2253
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain programs under the Texas Clean Air Act that
8	8	reduce vehicle emissions and improve air quality; authorizing a
9	9	fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 382.201, Health and Safety Code, is
12	12	amended by amending Subdivision (4) and adding Subdivision (4-a)
13	13	to read as follows:
14	14	(4) "Participating county" means an affected county in
15	15	which the commissioners court by resolution has chosen to implement
16	16	a local initiatives [low-income vehicle repair assistance,
17	17	retrofit, and accelerated vehicle retirement] program authorized
18	18	by Section 382.2085 [382.209].
19	19	(4-a) "Purchase" means a transaction in which a
20	20	person:
21	21	(A) buys a vehicle; or
22	22	(B) leases a vehicle for a period of at least
23	23	three years under an agreement that allows the vehicle to be driven
24	24	at least 12,000 miles a year without a penalty.
25	25	SECTION 2. Section 382.202, Health and Safety Code, is
26	26	amended by adding Subsection (g-1) to read as follows:
27	27	(g-1) The commissioners court of a participating county by
28	28	order may impose an additional fee, not to exceed $6, for a vehicle
29	29	inspected in the county. A fee imposed under this subsection may
30	30	take effect and be removed in accordance with the requirements of
31	31	Section 382.2085. The additional fee shall be collected for a
32	32	vehicle at the same time other fees imposed under this chapter are
33	33	collected. The fee revenue collected shall be retained by the
34	34	county in a separate account to be used only for the purposes
35	35	specified by Section 382.2085.
36	36	SECTION 3. Section 382.205(f), Health and Safety Code, is
37	37	amended to read as follows:
38	38	(f) Rules and procedures under this section must ensure that
39	39	approved repair facilities participating in a [low-income] vehicle
40	40	repair [assistance, retrofit,] and replacement incentive
41	41	[accelerated vehicle retirement] program established under Section
42	42	382.209 have access to adequate testing equipment.
43	43	SECTION 4. Section 382.220, Health and Safety Code, is
44	44	transferred to Subchapter G, Chapter 382, Health and Safety Code,
45	45	redesignated as Section 382.2085, Health and Safety Code, and
46	46	amended to read as follows:
47	47	Sec. 382.2085. [382.220. USE OF FUNDING FOR] LOCAL
48	48	INITIATIVES PROGRAM [INITIATIVE PROJECTS]. (a) The commission and
49	49	the Public Safety Commission by joint rule shall establish and
50	50	authorize the commissioners court of an affected county to
51	51	implement a local initiatives program subject to agency oversight
52	52	that may include reasonable periodic commission audits.
53	53	(b) The local initiatives program must be funded with
54	54	available money collected under Section 382.202 or 382.302 or other
55	55	designated and available money. The program shall be [Money that is
56	56	made available to participating counties under Section 382.202(g)
57	57	or 382.302 may be appropriated only for programs] administered in
58	58	accordance with Chapter 783, Government Code[, to improve air
59	59	quality].
60	60	(c) A participating county may agree to contract with any
61	61	appropriate entity, including a metropolitan planning organization
62	62	or a council of governments, to implement a program under Section
63	63	382.202[, 382.209,] or this section.
64	64	(d) [(b)] A program under this section must be approved by
65	65	the commissioners court of the county in which the program is
66	66	located [implemented in consultation with the commission] and may
67	67	include a program to:
68	68	(1) develop and implement projects supporting freeway
69	69	incident management and associated first responders [expand and
70	70	enhance the AirCheck Texas Repair and Replacement Assistance
71	71	Program];
72	72	(2) develop and implement programs or systems that
73	73	remotely determine vehicle emissions and notify the vehicle's
74	74	operator;
75	75	(3) develop and implement projects to implement the
76	76	commission's smoking vehicle program;
77	77	(4) develop and implement projects in consultation
78	78	with the director of the Department of Public Safety for
79	79	coordinating with local law enforcement officials to reduce the use
80	80	of counterfeit registration insignia, temporary registration
81	81	plates, and vehicle inspection reports by providing local law
82	82	enforcement officials with funds to identify vehicles with
83	83	counterfeit registration insignia, temporary registration plates,
84	84	and vehicle inspection reports and to carry out appropriate
85	85	actions;
86	86	(5) develop and implement programs to enhance
87	87	transportation system improvements; [or]
88	88	(6) develop and implement new air control strategies
89	89	designed to assist local areas in complying with state and federal
90	90	air quality rules and regulations;
91	91	(7) develop and implement a local vehicle repair and
92	92	replacement incentive program under Section 382.209;
93	93	(8) develop and implement regional data collection
94	94	efforts for air quality and multimodal transportation data to
95	95	improve efficiency of transportation systems; or
96	96	(9) establish publicly accessible refueling
97	97	infrastructure for alternative fuel vehicles.
98	98	(e) [(c) Money that is made available for the
99	99	implementation of a program under Subsection (b) may not be
100	100	expended for local government fleet or vehicle acquisition or
101	101	replacement, call center management, application oversight,
102	102	invoice analysis, education, outreach, or advertising purposes.
103	103	[(d)] Fees collected under Sections 382.202 and 382.302 may
104	104	be used by participating counties [in an amount not to exceed $7
105	105	million per fiscal year for projects described by Subsection (b),
106	106	of which $2 million may be used] only for projects described by
107	107	Subsection (d) [(b)(4)].
108	108	(f) The commissioners court of a participating county may
109	109	adopt a resolution to end fee collection for the local initiatives
110	110	program in the county. The commissioners court shall submit the
111	111	resolution to the commission and to the county tax
112	112	assessor-collector. The resolution must include a date after which
113	113	a fee may not be imposed under Section 382.202 or 382.302 for the
114	114	purposes of the county's local initiatives program on vehicles
115	115	being inspected or registered in the county. The date must be:
116	116	(1) the first day of a month; and
117	117	(2) at least 90 days after the date the resolution is
118	118	submitted to the commission.
119	119	(g) On receipt of a resolution under Subsection (f), the
120	120	commission shall notify in writing the Texas Department of Motor
121	121	Vehicles, the Department of Public Safety, and the Legislative
122	122	Budget Board that a fee may not be imposed under Section 382.202 or
123	123	382.302 for the purposes of the county's local initiatives program
124	124	on vehicles being inspected or registered in the county after the
125	125	date established under Subsection (f). [The remaining $5 million
126	126	may be used for any project described by Subsection (b). The fees
127	127	shall be made available only to counties participating in the
128	128	low-income vehicle repair assistance, retrofit, and accelerated
129	129	vehicle retirement programs created under Section 382.209 and only
130	130	on a matching basis, whereby the commission provides money to a
131	131	county in the same amount that the county dedicates to a project
132	132	authorized by Subsection (b). The commission may reduce the match
133	133	requirement for a county that proposes to develop and implement
134	134	independent test facility fraud detection programs, including the
135	135	use of remote sensing technology for coordinating with law
136	136	enforcement officials to detect, prevent, and prosecute the use of
137	137	counterfeit registration insignia and vehicle inspection reports.]
138	138	SECTION 5. Section 382.209, Health and Safety Code, is
139	139	amended to read as follows:
140	140	Sec. 382.209. [LOW-INCOME] VEHICLE REPAIR AND REPLACEMENT
141	141	INCENTIVE [ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE
142	142	RETIREMENT] PROGRAM. (a) The commission and the Public Safety
143	143	Commission by joint rule shall establish and authorize the
144	144	commissioners court of a participating county to implement a
145	145	[low-income] vehicle repair and replacement incentive [assistance,
146	146	retrofit, and accelerated vehicle retirement] program subject to
147	147	agency oversight that may include reasonable periodic commission
148	148	audits.
149	149	(b) A participating county shall administer a vehicle
150	150	repair and replacement incentive program established under this
151	151	section [The commission shall provide funding for local low-income
152	152	vehicle repair assistance, retrofit, and accelerated vehicle
153	153	retirement programs with available funds collected under Section
154	154	382.202, 382.302, or other designated and available funds. The
155	155	programs shall be administered] in accordance with Chapter 783,
156	156	Government Code. Program costs may include call center management,
157	157	application oversight, invoice analysis, education, outreach, and
158	158	advertising. Not more than 10 percent of the money used for a
159	159	[provided to a local low-income] vehicle repair and replacement
160	160	incentive [assistance, retrofit, and accelerated vehicle
161	161	retirement] program [under this section] may be used for the
162	162	administration of the program [programs], including program costs.
163	163	(c) The rules adopted under Subsection (a) must provide
164	164	procedures for ensuring that a vehicle repair and replacement
165	165	incentive program implemented under authority of that subsection
166	166	does not apply to a vehicle that is:
167	167	(1) registered under Section 504.501 or 504.502,
168	168	Transportation Code; and
169	169	(2) not regularly used for transportation during the
170	170	normal course of daily activities.
171	171	(d) Subject to the availability of funds, a [low-income]
172	172	vehicle repair and replacement incentive [assistance, retrofit,
173	173	and accelerated vehicle retirement] program established under this
174	174	section shall provide monetary or other compensatory assistance
175	175	for:
176	176	(1) repairs directly related to bringing certain
177	177	vehicles that have failed a required emissions test into compliance
178	178	with emissions requirements;
179	179	(2) a replacement vehicle or replacement assistance
180	180	for a vehicle that has failed a required emissions test and for
181	181	which the cost of repairs needed to bring the vehicle into
182	182	compliance is uneconomical; and
183	183	(3) installing retrofit equipment on vehicles that
184	184	have failed a required emissions test, if practically and
185	185	economically feasible, in lieu of or in combination with repairs
186	186	performed under Subdivision (1).
187	187	(d-1) The commission and the Department of Public Safety of
188	188	the State of Texas shall establish standards and specifications for
189	189	retrofit equipment that may be used under this section.
190	190	(e) A vehicle is not eligible to participate in a
191	191	[low-income] vehicle repair and replacement incentive [assistance,
192	192	retrofit, and accelerated vehicle retirement] program established
193	193	under this section unless:
194	194	(1) the vehicle is capable of being operated;
195	195	(2) the [registration of the] vehicle:
196	196	(A) is registered in a county implementing the
197	197	program [current]; or [and]
198	198	(B) [reflects that the vehicle] has been
199	199	registered in a [the] county implementing the program for at least
200	200	12 of the 15 months preceding the application for participation in
201	201	the program;
202	202	(3) the commissioners court of the county
203	203	administering the program determines that the vehicle meets the
204	204	eligibility criteria adopted by the commission, the Texas
205	205	Department of Motor Vehicles, and the Public Safety Commission;
206	206	(4) if the vehicle is to be repaired, the repair is
207	207	done by a repair facility recognized by the Department of Public
208	208	Safety, which may be an independent or private entity licensed by
209	209	the state; and
210	210	(5) if the vehicle is to be retired under this
211	211	subsection and Section 382.213, the replacement vehicle is a
212	212	qualifying motor vehicle.
213	213	(f) A fleet vehicle, a vehicle owned or leased by a
214	214	governmental entity, or a commercial vehicle is not eligible to
215	215	participate in a [low-income] vehicle repair and replacement
216	216	incentive [assistance, retrofit, and accelerated vehicle
217	217	retirement] program established and implemented under this
218	218	section.
219	219	(g) A participating county may contract with any
220	220	appropriate entity, including the regional council of governments
221	221	or the metropolitan planning organization in the appropriate
222	222	region, or with another county for services necessary to implement
223	223	the participating county's [low-income] vehicle repair and
224	224	replacement incentive [assistance, retrofit, and accelerated
225	225	vehicle retirement] program. The participating counties in a
226	226	nonattainment region or counties participating in an early action
227	227	compact under Subchapter H may agree to have the money collected in
228	228	any one county be used in any other participating county in the same
229	229	region.
230	230	(h) Participation by an affected county in a [low-income]
231	231	vehicle repair and replacement incentive [assistance, retrofit,
232	232	and accelerated vehicle retirement] program is not mandatory. To
233	233	the extent allowed by federal law, any emissions reductions
234	234	attributable to a [low-income] vehicle repair and replacement
235	235	incentive [assistance, retrofit, and accelerated vehicle
236	236	retirement] program in a county that are attained during a period
237	237	before the county is designated as a nonattainment county shall be
238	238	considered emissions reductions credit if the county is later
239	239	determined to be a nonattainment county.
240	240	(i) Notwithstanding the vehicle replacement requirements
241	241	provided by Subsection (d)(2), the commission by rule may provide
242	242	monetary or other compensatory assistance under the [low-income]
243	243	vehicle repair and replacement incentive [assistance, retrofit,
244	244	and accelerated vehicle retirement] program, subject to the
245	245	availability of funds, for the replacement of a vehicle that meets
246	246	the following criteria:
247	247	(1) the vehicle is gasoline-powered and is at least 10
248	248	years old;
249	249	(2) the vehicle owner meets applicable financial
250	250	eligibility criteria;
251	251	(3) the vehicle meets the requirements provided by
252	252	Subsections (e)(1) and (2); and
253	253	(4) the vehicle has passed a Department of Public
254	254	Safety motor vehicle safety inspection or safety and emissions
255	255	inspection within the 15-month period before the application is
256	256	submitted.
257	257	(j) The commissioners court of a participating county
258	258	[commission] may provide monetary or other compensatory assistance
259	259	under the [low-income] vehicle repair and replacement incentive
260	260	[assistance, retrofit, and accelerated vehicle retirement] program
261	261	for a replacement vehicle or replacement assistance for a pre-1996
262	262	model year replacement vehicle that passes the required United
263	263	States Environmental Protection Agency Start-Up Acceleration
264	264	Simulation Mode Standards emissions test but that would have failed
265	265	the United States Environmental Protection Agency Final
266	266	Acceleration Simulation Mode Standards emissions test or failed to
267	267	meet some other criterion determined by the commission; provided,
268	268	however, that a replacement vehicle under this subsection must be a
269	269	qualifying motor vehicle.
270	270	SECTION 6. Sections 382.210(a), (b), and (f), Health and
271	271	Safety Code, are amended to read as follows:
272	272	(a) The commission by rule shall adopt guidelines to assist
273	273	a participating county in implementing a [low-income] vehicle
274	274	repair [assistance, retrofit,] and replacement incentive
275	275	[accelerated vehicle retirement] program authorized under Section
276	276	382.209. The guidelines at a minimum shall recommend:
277	277	(1) a minimum and maximum amount for repair
278	278	assistance;
279	279	(2) a minimum and maximum amount toward the purchase
280	280	price of a replacement vehicle [qualified for the accelerated
281	281	retirement program], based on vehicle type and model year, with the
282	282	maximum amount not to exceed:
283	283	(A) $4,000 [$3,000] for a replacement car of the
284	284	current model year or the previous three model years, except as
285	285	provided by Paragraph (C);
286	286	(B) $4,000 [$3,000] for a replacement truck of
287	287	the current model year or the previous two model years, except as
288	288	provided by Paragraph (C); and
289	289	(C) $4,500 [$3,500] for a replacement vehicle of
290	290	the current model year or the previous three model years that:
291	291	(i) is a hybrid vehicle, electric vehicle,
292	292	or natural gas vehicle; or
293	293	(ii) has been certified to meet federal
294	294	Tier 2, Bin 3 or a cleaner Bin certification under 40 C.F.R. Section
295	295	86.1811-04, as published in the February 10, 2000, Federal
296	296	Register;
297	297	(3) criteria for determining eligibility, taking into
298	298	account:
299	299	(A) [the vehicle owner's income, which may not
300	300	exceed 300 percent of the federal poverty level;
301	301	[(B)] the fair market value of the vehicle; and
302	302	(B) [(C)] any other relevant considerations;
303	303	(4) safeguards for preventing fraud in the repair,
304	304	purchase, or sale of a vehicle in the program; and
305	305	(5) procedures for determining the degree and amount
306	306	of repair assistance a vehicle is allowed, based on:
307	307	(A) the amount of money the vehicle owner has
308	308	spent on repairs; and
309	309	(B) [the vehicle owner's income; and
310	310	[(C)] any other relevant factors.
311	311	(b) A replacement vehicle described by Subsection (a)(2)
312	312	must:
313	313	(1) except as provided by Subsection (c), be a vehicle
314	314	in a class or category of vehicles that has been certified to meet
315	315	federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R.
316	316	Section 86.1811-04, as published in the February 10, 2000, Federal
317	317	Register;
318	318	(2) have a gross vehicle weight rating of less than
319	319	10,000 pounds;
320	320	(3) have an odometer reading of not more than 85,000
321	321	[70,000] miles; and
322	322	(4) be a vehicle the total purchase price [cost] of
323	323	which does not exceed:
324	324	(A) for a vehicle described by Subsection
325	325	(a)(2)(A) or (B), $35,000; or
326	326	(B) for a vehicle described by Subsection
327	327	(a)(2)(C), $45,000.
328	328	(f) For the purposes of Subsection (b), a reference to the
329	329	total purchase price of a motor vehicle that is sold [In this
330	330	section, "total cost"] means the total amount of money paid or to be
331	331	paid for the purchase of a motor vehicle as set forth as "sales
332	332	price" in the form entitled "Application for Texas Certificate of
333	333	Title" promulgated by the Texas Department of Motor Vehicles. In a
334	334	transaction that does not involve the use of that form, the term
335	335	means an amount of money that is equivalent, or substantially
336	336	equivalent, to the amount that would appear as "sales price" on the
337	337	Application for Texas Certificate of Title if that form were
338	338	involved.
339	339	SECTION 7. Section 382.211(a), Health and Safety Code, is
340	340	amended to read as follows:
341	341	(a) The commissioners court of a participating county may
342	342	appoint one or more local advisory panels consisting of
343	343	representatives of automobile dealerships, the automotive repair
344	344	industry, safety inspection facilities, the public, antique and
345	345	vintage car clubs, local nonprofit organizations, and locally
346	346	affected governments to advise the county regarding the operation
347	347	of the county's [low-income] vehicle repair [assistance,
348	348	retrofit,] and replacement incentive [accelerated vehicle
349	349	retirement] program, including the identification of a vehicle make
350	350	or model with intrinsic value as an existing or future collectible.
351	351	SECTION 8. Section 382.212(b), Health and Safety Code, is
352	352	amended to read as follows:
353	353	(b) To the extent allowable under federal law, the
354	354	commission by rule shall authorize:
355	355	(1) the assignment of a percentage of emissions
356	356	reduction credit to a private, commercial, or business entity that
357	357	purchases, for accelerated retirement, a qualified vehicle under a
358	358	[low-income] vehicle repair [assistance, retrofit,] and
359	359	replacement incentive [accelerated vehicle retirement] program;
360	360	(2) the transferability of an assigned emissions
361	361	reduction credit;
362	362	(3) the use of emissions reduction credit by the
363	363	holder of the credit against any state or federal emissions
364	364	requirements applicable to a facility owned or operated by the
365	365	holder of the credit;
366	366	(4) the assignment of a percentage of emissions
367	367	reduction credit, on the retirement of a fleet vehicle, a vehicle
368	368	owned or leased by a governmental entity, or a commercial vehicle,
369	369	to the owner or lessor of the vehicle; and
370	370	(5) other actions relating to the disposition or use
371	371	of emissions reduction credit that the commission determines will
372	372	benefit the implementation of [low-income] vehicle repair
373	373	[assistance, retrofit,] and replacement incentive [accelerated
374	374	vehicle retirement] programs established under Section 382.209.
375	375	SECTION 9. Section 382.213(a), Health and Safety Code, is
376	376	amended to read as follows:
377	377	(a) Except as provided by Subsection (c) and Subdivision (5)
378	378	of this subsection, a vehicle retired under a vehicle repair and
379	379	replacement incentive program established under [an accelerated
380	380	vehicle retirement program authorized by] Section 382.209 may not
381	381	be resold or reused in its entirety in this or another state.
382	382	Subject to the provisions of Subsection (i), the automobile dealer
383	383	who takes possession of the vehicle must submit to the program
384	384	administrator proof, in a manner adopted by the commission, that
385	385	the vehicle has been retired. The vehicle must be:
386	386	(1) destroyed;
387	387	(2) recycled;
388	388	(3) dismantled and its parts sold as used parts or used
389	389	in the program;
390	390	(4) placed in a storage facility of a program
391	391	established under Section 382.209 and subsequently destroyed,
392	392	recycled, or dismantled and its parts sold or used in the program;
393	393	or
394	394	(5) repaired, brought into compliance, and used as a
395	395	replacement vehicle under Section 382.209(d)(2).
396	396	SECTION 10. Section 382.214, Health and Safety Code, is
397	397	amended to read as follows:
398	398	Sec. 382.214. SALE OF VEHICLE WITH INTENT TO DEFRAUD. (a)
399	399	A person who with intent to defraud sells a vehicle that is retired
400	400	under a [in an accelerated] vehicle repair and replacement
401	401	incentive [retirement] program established under Section 382.209
402	402	commits an offense that is a third degree felony.
403	403	(b) Sale of a vehicle described by Subsection (a) [in an
404	404	accelerated vehicle retirement program] includes:
405	405	(1) sale of the vehicle to retire the vehicle under the
406	406	program; and
407	407	(2) sale of a vehicle purchased for retirement under
408	408	the program.
409	409	SECTION 11. Section 382.216, Health and Safety Code, is
410	410	amended to read as follows:
411	411	Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
412	412	VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
413	413	commission, the Texas Department of Transportation, and the Public
414	414	Safety Commission may, subject to federal limitations:
415	415	(1) encourage counties likely to exceed federal clean
416	416	air standards to implement voluntary:
417	417	(A) motor vehicle emissions inspection and
418	418	maintenance programs; and
419	419	(B) [low-income] vehicle repair [assistance,
420	420	retrofit,] and replacement incentive [accelerated vehicle
421	421	retirement] programs;
422	422	(2) establish incentives for counties to voluntarily
423	423	implement motor vehicle emissions inspection and maintenance
424	424	programs and [low-income] vehicle repair [assistance, retrofit,]
425	425	and replacement incentive [accelerated vehicle retirement]
426	426	programs; and
427	427	(3) designate a county that voluntarily implements a
428	428	motor vehicle emissions inspection and maintenance program or a
429	429	[low-income] vehicle repair [assistance, retrofit,] and
430	430	replacement incentive [accelerated vehicle retirement] program as
431	431	a "Clean Air County" and give preference to a county designated as a
432	432	Clean Air County in any federal or state clean air grant program.
433	433	SECTION 12. Section 382.302(e), Health and Safety Code, is
434	434	amended to read as follows:
435	435	(e) A participating county may participate in a local
436	436	initiatives [the] program established under Section 382.2085
437	437	[382.209].
438	438	SECTION 13. Section 382.202(g), Health and Safety Code, is
439	439	repealed.
440	440	SECTION 14. On the effective date of this Act, each
441	441	low-income vehicle repair assistance, retrofit, and accelerated
442	442	vehicle retirement program established under Section 382.209,
443	443	Health and Safety Code, is abolished.
444	444	SECTION 15. As soon as practicable after the effective date
445	445	of this Act, the Texas Commission on Environmental Quality and the
446	446	Public Safety Commission shall:
447	447	(1) adopt the joint rules required by Sections
448	448	382.2085, Health and Safety Code, as transferred, redesignated, and
449	449	amended by this Act, and 382.209, Health and Safety Code, as amended
450	450	by this Act; and
451	451	(2) adopt or modify any rules necessary to implement
452	452	the changes in law made by this Act.
453	453	SECTION 16. This Act takes effect September 1, 2019.