Texas 2019 - 86th Regular

Texas Senate Bill SB1070 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R4538 JRR-F
1	2		By: Watson S.B. No. 1070
2		-	(In the Senate - Filed February 25, 2019; March 7, 2019,
3		-	read first time and referred to Committee on Natural Resources &
4		-	Economic Development; May 6, 2019, reported adversely, with
5		-	favorable Committee Substitute by the following vote: Yeas 9,
6		-	Nays 2; May 6, 2019, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1070 By: Hinojosa
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13		-	relating to local initiatives programs under the Texas Clean Air
14		-	Act and the repeal of the low-income vehicle repair assistance,
15		-	retrofit, and accelerated vehicle retirement program; authorizing
16		-	a fee.
	7	+	relating to certain programs under the Texas Clean Air Act that
	8	+	reduce vehicle emissions and improve air quality; authorizing a
	9	+	fee.
17	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18		-	SECTION 1. Section 382.201(4), Health and Safety Code, is
19		-	amended to read as follows:
	11	+	SECTION 1. Section 382.201, Health and Safety Code, is
	12	+	amended by amending Subdivision (4) and adding Subdivision (4-a)
	13	+	to read as follows:
20	14		(4) "Participating county" means an affected county in
21	15		which the commissioners court by resolution has chosen to implement
22	16		a local initiatives [low-income vehicle repair assistance,
23	17		retrofit, and accelerated vehicle retirement] program authorized
24		-	by Section 382.220 [382.209].
	18	+	by Section 382.2085 [382.209].
	19	+	(4-a) "Purchase" means a transaction in which a
	20	+	person:
	21	+	(A) buys a vehicle; or
	22	+	(B) leases a vehicle for a period of at least
	23	+	three years under an agreement that allows the vehicle to be driven
	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		-	Section 382.~~220~~. The additional fee shall be collected for a
	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		-	specified by Section 382.~~220~~.
36		-	SECTION 3. Section 382.~~216~~, Health and Safety Code, is
	35	+	specified by Section 382.2085.
	36	+	SECTION 3. Section 382.205(f), Health and Safety Code, is
37	37		amended to read as follows:
38		-	Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
39		-	VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
40		-	commission, the Texas Department of Transportation, and the Public
41		-	Safety Commission may, subject to federal limitations:
42		-	(1) encourage counties likely to exceed federal clean
43		-	air standards to implement voluntary[:
44		-	[(A)] motor vehicle emissions inspection and
45		-	maintenance programs[; and
46		-	[(B) low-income vehicle repair assistance,
47		-	retrofit, and accelerated vehicle retirement programs];
48		-	(2) establish incentives for counties to voluntarily
49		-	implement motor vehicle emissions inspection and maintenance
50		-	programs [and low-income vehicle repair assistance, retrofit, and
51		-	accelerated vehicle retirement programs]; and
52		-	(3) designate a county that voluntarily implements a
53		-	motor vehicle emissions inspection and maintenance program [or a
54		-	low-income vehicle repair assistance, retrofit, and accelerated
55		-	vehicle retirement program] as a "Clean Air County" and give
56		-	preference to a county designated as a Clean Air County in any
57		-	federal or state clean air grant program.
	38	+	(f) Rules and procedures under this section must ensure that
	39	+	approved repair facilities participating in a [low-income] vehicle
	40	+	repair [assistance, retrofit,] and replacement incentive
	41	+	[accelerated vehicle retirement] program established under Section
	42	+	382.209 have access to adequate testing equipment.
58	43		SECTION 4. Section 382.220, Health and Safety Code, is
	44	+	transferred to Subchapter G, Chapter 382, Health and Safety Code,
	45	+	redesignated as Section 382.2085, Health and Safety Code, and
59	46		amended to read as follows:
60		-	Sec. 382.220. [USE OF FUNDING FOR] LOCAL ~~INITIATIVES~~
61		-	PROGRAM [INITIATIVE PROJECTS]. (a) The commission and ~~the Public~~
62		-	Safety Commission by joint rule shall establish and ~~authorize the~~
63		-	commissioners court of an affected county to ~~implement a local~~
64		-	initiatives program subject to agency oversight ~~that may include~~
65		-	reasonable periodic commission audits.
	47	+	Sec. 382.2085. [382.220. USE OF FUNDING FOR] LOCAL
	48	+	INITIATIVES PROGRAM [INITIATIVE PROJECTS]. (a) The commission and
	49	+	the Public Safety Commission by joint rule shall establish and
	50	+	authorize the commissioners court of an affected county to
	51	+	implement a local initiatives program subject to agency oversight
	52	+	that may include reasonable periodic commission audits.
66	53		(b) The local initiatives program must be funded with
67	54		available money collected under Section 382.202 or 382.302 or other
68	55		designated and available money. The program shall be [Money that is
69	56		made available to participating counties under Section 382.202(g)
70	57		or 382.302 may be appropriated only for programs] administered in
71	58		accordance with Chapter 783, Government Code[, to improve air
72	59		quality].
73	60		(c) A participating county may agree to contract with any
74	61		appropriate entity, including a metropolitan planning organization
75	62		or a council of governments, to implement a program under Section
76	63		382.202[, 382.209,] or this section.
77	64		(d) [(b)] A program under this section must be approved by
78	65		the commissioners court of the county in which the program is
79	66		located [implemented in consultation with the commission] and may
80	67		include a program to:
81	68		(1) develop and implement projects supporting freeway
82	69		incident management and associated first responders [expand and
83	70		enhance the AirCheck Texas Repair and Replacement Assistance
84	71		Program];
85	72		(2) develop and implement programs or systems that
86	73		remotely determine vehicle emissions and notify the vehicle's
87	74		operator;
88	75		(3) develop and implement projects to implement the
89	76		commission's smoking vehicle program;
90	77		(4) develop and implement projects in consultation
91	78		with the director of the Department of Public Safety for
92	79		coordinating with local law enforcement officials to reduce the use
93	80		of counterfeit registration insignia, temporary registration
94	81		plates, and vehicle inspection reports by providing local law
95	82		enforcement officials with funds to identify vehicles with
96	83		counterfeit registration insignia, temporary registration plates,
97	84		and vehicle inspection reports and to carry out appropriate
98	85		actions;
99	86		(5) develop and implement programs to enhance
100	87		transportation system improvements; [or]
101	88		(6) develop and implement new air control strategies
102	89		designed to assist local areas in complying with state and federal
103	90		air quality rules and regulations;
104		-	(7) develop and implement regional data collection
	91	+	(7) develop and implement a local vehicle repair and
	92	+	replacement incentive program under Section 382.209;
	93	+	(8) develop and implement regional data collection
105	94		efforts for air quality and multimodal transportation data to
106	95		improve efficiency of transportation systems; or
107		-	(8) establish publicly accessible refueling
	96	+	(9) establish publicly accessible refueling
108	97		infrastructure for alternative fuel vehicles.
109	98		(e) [(c) Money that is made available for the
110	99		implementation of a program under Subsection (b) may not be
111	100		expended for local government fleet or vehicle acquisition or
112	101		replacement, call center management, application oversight,
113	102		invoice analysis, education, outreach, or advertising purposes.
114	103		[(d)] Fees collected under Sections 382.202 and 382.302 may
115	104		be used by participating counties [in an amount not to exceed $7
116	105		million per fiscal year for projects described by Subsection (b),
117	106		of which $2 million may be used] only for projects described by
118	107		Subsection (d) [(b)(4)].
119	108		(f) The commissioners court of a participating county may
120	109		adopt a resolution to end fee collection for the local initiatives
121	110		program in the county. The commissioners court shall submit the
122	111		resolution to the commission and to the county tax
123	112		assessor-collector. The resolution must include a date after which
124	113		a fee may not be imposed under Section 382.202 or 382.302 for the
125	114		purposes of the county's local initiatives program on vehicles
126	115		being inspected or registered in the county. The date must be:
127	116		(1) the first day of a month; and
128	117		(2) at least 90 days after the date the resolution is
129	118		submitted to the commission.
130	119		(g) On receipt of a resolution under Subsection (f), the
131	120		commission shall notify in writing the Texas Department of Motor
132	121		Vehicles, the Department of Public Safety, and the Legislative
133	122		Budget Board that a fee may not be imposed under Section 382.202 or
134	123		382.302 for the purposes of the county's local initiatives program
135	124		on vehicles being inspected or registered in the county after the
136		-	date established under Subsection (f).
137		-	(h) The commission shall distribute available money
138		-	collected under Section 382.202(e) that was designated for the
139		-	former low-income vehicle repair assistance, retrofit, and
140		-	accelerated vehicle retirement program to counties that
141		-	participated in that program. The commission shall distribute the
142		-	money in reasonable proportion to the amount of fees collected
143		-	under Section 382.202(e) in those counties or in the regions in
144		-	which those counties are located. A county that receives money
145		-	under this subsection may use the money only to fund a program
146		-	authorized by this section. This subsection expires September 1,
147		-	2023. [The remaining $5 million may be used for any project
148		-	described by Subsection (b). The fees shall be made available only
149		-	to counties participating in the low-income vehicle repair
150		-	assistance, retrofit, and accelerated vehicle retirement programs
151		-	created under Section 382.209 and only on a matching basis, whereby
152		-	the commission provides money to a county in the same amount that
153		-	the county dedicates to a project authorized by Subsection (b). The
154		-	commission may reduce the match requirement for a county that
155		-	proposes to develop and implement independent test facility fraud
156		-	detection programs, including the use of remote sensing technology
157		-	for coordinating with law enforcement officials to detect, prevent,
158		-	and prosecute the use of counterfeit registration insignia and
159		-	vehicle inspection reports.]
160		-	SECTION 5. Section 382.302(e), Health and Safety Code, is
	125	+	date established under Subsection (f). [The remaining $5 million
	126	+	may be used for any project described by Subsection (b). The fees
	127	+	shall be made available only to counties participating in the
	128	+	low-income vehicle repair assistance, retrofit, and accelerated
	129	+	vehicle retirement programs created under Section 382.209 and only
	130	+	on a matching basis, whereby the commission provides money to a
	131	+	county in the same amount that the county dedicates to a project
	132	+	authorized by Subsection (b). The commission may reduce the match
	133	+	requirement for a county that proposes to develop and implement
	134	+	independent test facility fraud detection programs, including the
	135	+	use of remote sensing technology for coordinating with law
	136	+	enforcement officials to detect, prevent, and prosecute the use of
	137	+	counterfeit registration insignia and vehicle inspection reports.]
	138	+	SECTION 5. Section 382.209, Health and Safety Code, is
	139	+	amended to read as follows:
	140	+	Sec. 382.209. [LOW-INCOME] VEHICLE REPAIR AND REPLACEMENT
	141	+	INCENTIVE [ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE
	142	+	RETIREMENT] PROGRAM. (a) The commission and the Public Safety
	143	+	Commission by joint rule shall establish and authorize the
	144	+	commissioners court of a participating county to implement a
	145	+	[low-income] vehicle repair and replacement incentive [assistance,
	146	+	retrofit, and accelerated vehicle retirement] program subject to
	147	+	agency oversight that may include reasonable periodic commission
	148	+	audits.
	149	+	(b) A participating county shall administer a vehicle
	150	+	repair and replacement incentive program established under this
	151	+	section [The commission shall provide funding for local low-income
	152	+	vehicle repair assistance, retrofit, and accelerated vehicle
	153	+	retirement programs with available funds collected under Section
	154	+	382.202, 382.302, or other designated and available funds. The
	155	+	programs shall be administered] in accordance with Chapter 783,
	156	+	Government Code. Program costs may include call center management,
	157	+	application oversight, invoice analysis, education, outreach, and
	158	+	advertising. Not more than 10 percent of the money used for a
	159	+	[provided to a local low-income] vehicle repair and replacement
	160	+	incentive [assistance, retrofit, and accelerated vehicle
	161	+	retirement] program [under this section] may be used for the
	162	+	administration of the program [programs], including program costs.
	163	+	(c) The rules adopted under Subsection (a) must provide
	164	+	procedures for ensuring that a vehicle repair and replacement
	165	+	incentive program implemented under authority of that subsection
	166	+	does not apply to a vehicle that is:
	167	+	(1) registered under Section 504.501 or 504.502,
	168	+	Transportation Code; and
	169	+	(2) not regularly used for transportation during the
	170	+	normal course of daily activities.
	171	+	(d) Subject to the availability of funds, a [low-income]
	172	+	vehicle repair and replacement incentive [assistance, retrofit,
	173	+	and accelerated vehicle retirement] program established under this
	174	+	section shall provide monetary or other compensatory assistance
	175	+	for:
	176	+	(1) repairs directly related to bringing certain
	177	+	vehicles that have failed a required emissions test into compliance
	178	+	with emissions requirements;
	179	+	(2) a replacement vehicle or replacement assistance
	180	+	for a vehicle that has failed a required emissions test and for
	181	+	which the cost of repairs needed to bring the vehicle into
	182	+	compliance is uneconomical; and
	183	+	(3) installing retrofit equipment on vehicles that
	184	+	have failed a required emissions test, if practically and
	185	+	economically feasible, in lieu of or in combination with repairs
	186	+	performed under Subdivision (1).
	187	+	(d-1) The commission and the Department of Public Safety of
	188	+	the State of Texas shall establish standards and specifications for
	189	+	retrofit equipment that may be used under this section.
	190	+	(e) A vehicle is not eligible to participate in a
	191	+	[low-income] vehicle repair and replacement incentive [assistance,
	192	+	retrofit, and accelerated vehicle retirement] program established
	193	+	under this section unless:
	194	+	(1) the vehicle is capable of being operated;
	195	+	(2) the [registration of the] vehicle:
	196	+	(A) is registered in a county implementing the
	197	+	program [current]; or [and]
	198	+	(B) [reflects that the vehicle] has been
	199	+	registered in a [the] county implementing the program for at least
	200	+	12 of the 15 months preceding the application for participation in
	201	+	the program;
	202	+	(3) the commissioners court of the county
	203	+	administering the program determines that the vehicle meets the
	204	+	eligibility criteria adopted by the commission, the Texas
	205	+	Department of Motor Vehicles, and the Public Safety Commission;
	206	+	(4) if the vehicle is to be repaired, the repair is
	207	+	done by a repair facility recognized by the Department of Public
	208	+	Safety, which may be an independent or private entity licensed by
	209	+	the state; and
	210	+	(5) if the vehicle is to be retired under this
	211	+	subsection and Section 382.213, the replacement vehicle is a
	212	+	qualifying motor vehicle.
	213	+	(f) A fleet vehicle, a vehicle owned or leased by a
	214	+	governmental entity, or a commercial vehicle is not eligible to
	215	+	participate in a [low-income] vehicle repair and replacement
	216	+	incentive [assistance, retrofit, and accelerated vehicle
	217	+	retirement] program established and implemented under this
	218	+	section.
	219	+	(g) A participating county may contract with any
	220	+	appropriate entity, including the regional council of governments
	221	+	or the metropolitan planning organization in the appropriate
	222	+	region, or with another county for services necessary to implement
	223	+	the participating county's [low-income] vehicle repair and
	224	+	replacement incentive [assistance, retrofit, and accelerated
	225	+	vehicle retirement] program. The participating counties in a
	226	+	nonattainment region or counties participating in an early action
	227	+	compact under Subchapter H may agree to have the money collected in
	228	+	any one county be used in any other participating county in the same
	229	+	region.
	230	+	(h) Participation by an affected county in a [low-income]
	231	+	vehicle repair and replacement incentive [assistance, retrofit,
	232	+	and accelerated vehicle retirement] program is not mandatory. To
	233	+	the extent allowed by federal law, any emissions reductions
	234	+	attributable to a [low-income] vehicle repair and replacement
	235	+	incentive [assistance, retrofit, and accelerated vehicle
	236	+	retirement] program in a county that are attained during a period
	237	+	before the county is designated as a nonattainment county shall be
	238	+	considered emissions reductions credit if the county is later
	239	+	determined to be a nonattainment county.
	240	+	(i) Notwithstanding the vehicle replacement requirements
	241	+	provided by Subsection (d)(2), the commission by rule may provide
	242	+	monetary or other compensatory assistance under the [low-income]
	243	+	vehicle repair and replacement incentive [assistance, retrofit,
	244	+	and accelerated vehicle retirement] program, subject to the
	245	+	availability of funds, for the replacement of a vehicle that meets
	246	+	the following criteria:
	247	+	(1) the vehicle is gasoline-powered and is at least 10
	248	+	years old;
	249	+	(2) the vehicle owner meets applicable financial
	250	+	eligibility criteria;
	251	+	(3) the vehicle meets the requirements provided by
	252	+	Subsections (e)(1) and (2); and
	253	+	(4) the vehicle has passed a Department of Public
	254	+	Safety motor vehicle safety inspection or safety and emissions
	255	+	inspection within the 15-month period before the application is
	256	+	submitted.
	257	+	(j) The commissioners court of a participating county
	258	+	[commission] may provide monetary or other compensatory assistance
	259	+	under the [low-income] vehicle repair and replacement incentive
	260	+	[assistance, retrofit, and accelerated vehicle retirement] program
	261	+	for a replacement vehicle or replacement assistance for a pre-1996
	262	+	model year replacement vehicle that passes the required United
	263	+	States Environmental Protection Agency Start-Up Acceleration
	264	+	Simulation Mode Standards emissions test but that would have failed
	265	+	the United States Environmental Protection Agency Final
	266	+	Acceleration Simulation Mode Standards emissions test or failed to
	267	+	meet some other criterion determined by the commission; provided,
	268	+	however, that a replacement vehicle under this subsection must be a
	269	+	qualifying motor vehicle.
	270	+	SECTION 6. Sections 382.210(a), (b), and (f), Health and
	271	+	Safety Code, are amended to read as follows:
	272	+	(a) The commission by rule shall adopt guidelines to assist
	273	+	a participating county in implementing a [low-income] vehicle
	274	+	repair [assistance, retrofit,] and replacement incentive
	275	+	[accelerated vehicle retirement] program authorized under Section
	276	+	382.209. The guidelines at a minimum shall recommend:
	277	+	(1) a minimum and maximum amount for repair
	278	+	assistance;
	279	+	(2) a minimum and maximum amount toward the purchase
	280	+	price of a replacement vehicle [qualified for the accelerated
	281	+	retirement program], based on vehicle type and model year, with the
	282	+	maximum amount not to exceed:
	283	+	(A) $4,000 [$3,000] for a replacement car of the
	284	+	current model year or the previous three model years, except as
	285	+	provided by Paragraph (C);
	286	+	(B) $4,000 [$3,000] for a replacement truck of
	287	+	the current model year or the previous two model years, except as
	288	+	provided by Paragraph (C); and
	289	+	(C) $4,500 [$3,500] for a replacement vehicle of
	290	+	the current model year or the previous three model years that:
	291	+	(i) is a hybrid vehicle, electric vehicle,
	292	+	or natural gas vehicle; or
	293	+	(ii) has been certified to meet federal
	294	+	Tier 2, Bin 3 or a cleaner Bin certification under 40 C.F.R. Section
	295	+	86.1811-04, as published in the February 10, 2000, Federal
	296	+	Register;
	297	+	(3) criteria for determining eligibility, taking into
	298	+	account:
	299	+	(A) [the vehicle owner's income, which may not
	300	+	exceed 300 percent of the federal poverty level;
	301	+	[(B)] the fair market value of the vehicle; and
	302	+	(B) [(C)] any other relevant considerations;
	303	+	(4) safeguards for preventing fraud in the repair,
	304	+	purchase, or sale of a vehicle in the program; and
	305	+	(5) procedures for determining the degree and amount
	306	+	of repair assistance a vehicle is allowed, based on:
	307	+	(A) the amount of money the vehicle owner has
	308	+	spent on repairs; and
	309	+	(B) [the vehicle owner's income; and
	310	+	[(C)] any other relevant factors.
	311	+	(b) A replacement vehicle described by Subsection (a)(2)
	312	+	must:
	313	+	(1) except as provided by Subsection (c), be a vehicle
	314	+	in a class or category of vehicles that has been certified to meet
	315	+	federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R.
	316	+	Section 86.1811-04, as published in the February 10, 2000, Federal
	317	+	Register;
	318	+	(2) have a gross vehicle weight rating of less than
	319	+	10,000 pounds;
	320	+	(3) have an odometer reading of not more than 85,000
	321	+	[70,000] miles; and
	322	+	(4) be a vehicle the total purchase price [cost] of
	323	+	which does not exceed:
	324	+	(A) for a vehicle described by Subsection
	325	+	(a)(2)(A) or (B), $35,000; or
	326	+	(B) for a vehicle described by Subsection
	327	+	(a)(2)(C), $45,000.
	328	+	(f) For the purposes of Subsection (b), a reference to the
	329	+	total purchase price of a motor vehicle that is sold [In this
	330	+	section, "total cost"] means the total amount of money paid or to be
	331	+	paid for the purchase of a motor vehicle as set forth as "sales
	332	+	price" in the form entitled "Application for Texas Certificate of
	333	+	Title" promulgated by the Texas Department of Motor Vehicles. In a
	334	+	transaction that does not involve the use of that form, the term
	335	+	means an amount of money that is equivalent, or substantially
	336	+	equivalent, to the amount that would appear as "sales price" on the
	337	+	Application for Texas Certificate of Title if that form were
	338	+	involved.
	339	+	SECTION 7. Section 382.211(a), Health and Safety Code, is
	340	+	amended to read as follows:
	341	+	(a) The commissioners court of a participating county may
	342	+	appoint one or more local advisory panels consisting of
	343	+	representatives of automobile dealerships, the automotive repair
	344	+	industry, safety inspection facilities, the public, antique and
	345	+	vintage car clubs, local nonprofit organizations, and locally
	346	+	affected governments to advise the county regarding the operation
	347	+	of the county's [low-income] vehicle repair [assistance,
	348	+	retrofit,] and replacement incentive [accelerated vehicle
	349	+	retirement] program, including the identification of a vehicle make
	350	+	or model with intrinsic value as an existing or future collectible.
	351	+	SECTION 8. Section 382.212(b), Health and Safety Code, is
	352	+	amended to read as follows:
	353	+	(b) To the extent allowable under federal law, the
	354	+	commission by rule shall authorize:
	355	+	(1) the assignment of a percentage of emissions
	356	+	reduction credit to a private, commercial, or business entity that
	357	+	purchases, for accelerated retirement, a qualified vehicle under a
	358	+	[low-income] vehicle repair [assistance, retrofit,] and
	359	+	replacement incentive [accelerated vehicle retirement] program;
	360	+	(2) the transferability of an assigned emissions
	361	+	reduction credit;
	362	+	(3) the use of emissions reduction credit by the
	363	+	holder of the credit against any state or federal emissions
	364	+	requirements applicable to a facility owned or operated by the
	365	+	holder of the credit;
	366	+	(4) the assignment of a percentage of emissions
	367	+	reduction credit, on the retirement of a fleet vehicle, a vehicle
	368	+	owned or leased by a governmental entity, or a commercial vehicle,
	369	+	to the owner or lessor of the vehicle; and
	370	+	(5) other actions relating to the disposition or use
	371	+	of emissions reduction credit that the commission determines will
	372	+	benefit the implementation of [low-income] vehicle repair
	373	+	[assistance, retrofit,] and replacement incentive [accelerated
	374	+	vehicle retirement] programs established under Section 382.209.
	375	+	SECTION 9. Section 382.213(a), Health and Safety Code, is
	376	+	amended to read as follows:
	377	+	(a) Except as provided by Subsection (c) and Subdivision (5)
	378	+	of this subsection, a vehicle retired under a vehicle repair and
	379	+	replacement incentive program established under [an accelerated
	380	+	vehicle retirement program authorized by] Section 382.209 may not
	381	+	be resold or reused in its entirety in this or another state.
	382	+	Subject to the provisions of Subsection (i), the automobile dealer
	383	+	who takes possession of the vehicle must submit to the program
	384	+	administrator proof, in a manner adopted by the commission, that
	385	+	the vehicle has been retired. The vehicle must be:
	386	+	(1) destroyed;
	387	+	(2) recycled;
	388	+	(3) dismantled and its parts sold as used parts or used
	389	+	in the program;
	390	+	(4) placed in a storage facility of a program
	391	+	established under Section 382.209 and subsequently destroyed,
	392	+	recycled, or dismantled and its parts sold or used in the program;
	393	+	or
	394	+	(5) repaired, brought into compliance, and used as a
	395	+	replacement vehicle under Section 382.209(d)(2).
	396	+	SECTION 10. Section 382.214, Health and Safety Code, is
	397	+	amended to read as follows:
	398	+	Sec. 382.214. SALE OF VEHICLE WITH INTENT TO DEFRAUD. (a)
	399	+	A person who with intent to defraud sells a vehicle that is retired
	400	+	under a [in an accelerated] vehicle repair and replacement
	401	+	incentive [retirement] program established under Section 382.209
	402	+	commits an offense that is a third degree felony.
	403	+	(b) Sale of a vehicle described by Subsection (a) [in an
	404	+	accelerated vehicle retirement program] includes:
	405	+	(1) sale of the vehicle to retire the vehicle under the
	406	+	program; and
	407	+	(2) sale of a vehicle purchased for retirement under
	408	+	the program.
	409	+	SECTION 11. Section 382.216, Health and Safety Code, is
	410	+	amended to read as follows:
	411	+	Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
	412	+	VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
	413	+	commission, the Texas Department of Transportation, and the Public
	414	+	Safety Commission may, subject to federal limitations:
	415	+	(1) encourage counties likely to exceed federal clean
	416	+	air standards to implement voluntary:
	417	+	(A) motor vehicle emissions inspection and
	418	+	maintenance programs; and
	419	+	(B) [low-income] vehicle repair [assistance,
	420	+	retrofit,] and replacement incentive [accelerated vehicle
	421	+	retirement] programs;
	422	+	(2) establish incentives for counties to voluntarily
	423	+	implement motor vehicle emissions inspection and maintenance
	424	+	programs and [low-income] vehicle repair [assistance, retrofit,]
	425	+	and replacement incentive [accelerated vehicle retirement]
	426	+	programs; and
	427	+	(3) designate a county that voluntarily implements a
	428	+	motor vehicle emissions inspection and maintenance program or a
	429	+	[low-income] vehicle repair [assistance, retrofit,] and
	430	+	replacement incentive [accelerated vehicle retirement] program as
	431	+	a "Clean Air County" and give preference to a county designated as a
	432	+	Clean Air County in any federal or state clean air grant program.
	433	+	SECTION 12. Section 382.302(e), Health and Safety Code, is
161	434		amended to read as follows:
162	435		(e) A participating county may participate in a local
163		-	initiatives [the] program established under Section 382.~~220~~
	436	+	initiatives [the] program established under Section 382.2085
164	437		[382.209].
165		-	SECTION 6. The following provisions of the Health and
166		-	Safety Code are repealed:
167		-	(1) Section 382.003(10-a);
168		-	(2) Sections 382.201(5) and (6);
169		-	(3) Sections 382.202(g) and 382.205(f); and
170		-	(4) Sections 382.209, 382.210, 382.211, 382.212,
171		-	382.213, 382.214, and 382.219.
172		-	SECTION 7. The Texas Commission on Environmental Quality is
173		-	required to implement Section 382.220(h), Health and Safety Code,
174		-	as added by this Act, only if the legislature appropriates money
175		-	specifically for that purpose. If the legislature does not
176		-	appropriate money specifically for that purpose, the commission
177		-	may, but is not required to, implement Section 382.220(h), Health
178		-	and Safety Code, as added by this Act, using other appropriations
179		-	available for that purpose.
180		-	SECTION 8. This Act takes effect September 1, 2019.
181		-	* * * * *
	438	+	SECTION 13. Section 382.202(g), Health and Safety Code, is
	439	+	repealed.
	440	+	SECTION 14. On the effective date of this Act, each
	441	+	low-income vehicle repair assistance, retrofit, and accelerated
	442	+	vehicle retirement program established under Section 382.209,
	443	+	Health and Safety Code, is abolished.
	444	+	SECTION 15. As soon as practicable after the effective date
	445	+	of this Act, the Texas Commission on Environmental Quality and the
	446	+	Public Safety Commission shall:
	447	+	(1) adopt the joint rules required by Sections
	448	+	382.2085, Health and Safety Code, as transferred, redesignated, and
	449	+	amended by this Act, and 382.209, Health and Safety Code, as amended
	450	+	by this Act; and
	451	+	(2) adopt or modify any rules necessary to implement
	452	+	the changes in law made by this Act.
	453	+	SECTION 16. This Act takes effect September 1, 2019.