87R11903 JRR-F
By: Bell of Montgomery H.B. No. 3294
A BILL TO BE ENTITLED
AN ACT
relating to funding for the Texas emissions reduction plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 the notice required by Section
382.037, Health and Safety Code.
(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 the notice required by
Section 382.037, Health and Safety Code.
SECTION 2. The change in law made by this Act to Section
501.138, Transportation Code, applies 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 3. This Act takes effect September 1, 2021.