86R4193 JXC-D
By: Patterson H.B. No. 2664
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program and the use of
remaining funds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.202, Health and Safety Code, is
amended by adding Subsection (q) to read as follows:
(q) A county may agree to contract with any appropriate
entity, including a metropolitan planning organization or a council
of governments, to implement a program under this section.
SECTION 2. Section 382.216, Health and Safety Code, is
amended to read as follows:
Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
commission, the Texas Department of Transportation, and the Public
Safety Commission may, subject to federal limitations:
(1) encourage counties likely to exceed federal clean
air standards to implement voluntary[:
[(A)] motor vehicle emissions inspection and
maintenance programs[; and
[(B) low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement programs];
(2) establish incentives for counties to voluntarily
implement motor vehicle emissions inspection and maintenance
programs [and low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement programs]; and
(3) designate a county that voluntarily implements a
motor vehicle emissions inspection and maintenance program [or a
low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program] as a "Clean Air County" and give
preference to a county designated as a Clean Air County in any
federal or state clean air grant program.
SECTION 3. Section 382.220, Health and Safety Code, is
amended to read as follows:
Sec. 382.220. USE OF FUNDING FOR LOCAL INITIATIVE PROGRAMS
[PROJECTS]. (a) Money from fees collected under Section 382.202 or
382.302 may be [that is] made available to [participating] counties
[under Section 382.202(g) or 382.302 may be appropriated only] for
programs administered in accordance with Chapter 783, Government
Code, to improve air quality.
(a-1) A [participating] county may agree to contract with
any appropriate entity, including a metropolitan planning
organization or a council of governments, to implement a program
under Section 382.202[, 382.209,] or this section.
(b) A program authorized by [under] this section must be
implemented in consultation with the commission.
(c) A county that receives money under this section may use
the money to fund [and may include] a program to:
(1) [expand and enhance the AirCheck Texas Repair and
Replacement Assistance Program;
[(2) develop and implement programs or systems that]
remotely determine vehicle emissions and notify the vehicle's
operator;
(2) [(3) develop and implement projects to] implement
the commission's smoking vehicle program;
(3) [(4) develop and implement projects] in
consultation with the director of the Department of Public Safety,
coordinate [for coordinating] with local law enforcement officials
to reduce the use of counterfeit registration insignia and vehicle
inspection reports by providing local law enforcement officials
with funds to identify vehicles with counterfeit registration
insignia and vehicle inspection reports and to carry out
appropriate actions;
(4) [(5) develop and implement programs to] enhance
transportation system improvements, including improvements meant
to reduce congestion on existing roads, but not including toll
projects; or
(5) [(6) develop and] implement new air control
strategies designed to assist local areas in complying with state
and federal air quality rules and regulations.
(d) [(c)] Money that is made available for the
implementation of a program under Subsection (c) [(b)] may not be
expended for local government fleet or vehicle acquisition or
replacement, call center management, application oversight,
invoice analysis, education, outreach, or advertising purposes.
(e) [(d)] Fees collected under Sections 382.202 and 382.302
may be used in an amount not to exceed $7 million per fiscal year for
programs [projects] described by Subsection (c) [(b)], of which $2
million may be used only for projects described by Subsection
(c)(3) [(b)(4)]. The remaining $5 million may be used for any
program [project] described by Subsection (c) [(b)].
(f) The fees described by Subsection (e) shall be made
available only [to counties participating in the low-income vehicle
repair assistance, retrofit, and accelerated vehicle retirement
programs created under Section 382.209 and only] on a matching
basis, whereby the commission provides money to a county in the same
amount that the county dedicates to a project authorized by
Subsection (c) [(b)]. The commission may reduce the match
requirement for a county that proposes to develop and implement
independent test facility fraud detection programs, including the
use of remote sensing technology for coordinating with law
enforcement officials to detect, prevent, and prosecute the use of
counterfeit registration insignia and vehicle inspection reports.
(g) The commission shall distribute available money
collected under Section 382.202(e) that was designated for the
former low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement program to counties that
participated in that program. The commission shall distribute the
money in reasonable proportion to the amount of fees collected
under Section 382.202(e) in those counties or in the regions in
which those counties are located. A county that receives money
under this subsection may use the money only to fund a program
authorized by this section. This subsection expires September 1,
2023.
SECTION 4. The following provisions of the Health and
Safety Code are repealed:
(1) Section 382.003(10-a);
(2) Sections 382.201(4), (5), and (6);
(3) Sections 382.202(g) and 382.205(f);
(4) Sections 382.209, 382.210, 382.211, 382.212,
382.213, 382.214, and 382.219; and
(5) Section 382.302(e).
SECTION 5. This Act takes effect September 1, 2019.