| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to funding for the Texas emissions reduction plan. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. Section 501.138, Transportation Code, is amended |
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| 11 | 10 | | by amending Subsections (b-1), (b-2), and (b-3) and adding |
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| 12 | 11 | | Subsection (b-4) to read as follows: |
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| 13 | 12 | | (b-1) Except as provided by Subsection (b-4), fees [Fees] |
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| 14 | 13 | | collected under Subsection (b) to be sent to the comptroller shall |
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| 15 | 14 | | be deposited to the credit of the Texas [Mobility Fund, except that |
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| 16 | 15 | | $5 of each fee imposed under Subsection (a)(1) and deposited on or |
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| 17 | 16 | | after September 1, 2008, and before September 1, 2015, shall be |
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| 18 | 17 | | deposited to the credit of the Texas] emissions reduction plan |
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| 19 | 18 | | fund. |
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| 20 | 19 | | (b-2) The comptroller shall establish a record of the amount |
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| 21 | 20 | | of the fees deposited to the credit of the Texas emissions reduction |
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| 22 | 21 | | plan fund [Mobility Fund] under Subsection (b-1). On or before the |
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| 23 | 22 | | fifth workday of each month, the Texas Department of Transportation |
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| 24 | 23 | | shall remit to the comptroller for deposit to the credit of the |
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| 25 | 24 | | Texas Mobility Fund [emissions reduction plan fund] an amount of |
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| 26 | 25 | | money equal to the amount of the fees deposited by the comptroller |
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| 27 | 26 | | to the credit of the Texas emissions reduction plan fund [Mobility |
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| 28 | 27 | | Fund] under Subsection (b-1) in the preceding month. The Texas |
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| 29 | 28 | | Department of Transportation shall use for remittance to the |
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| 30 | 29 | | comptroller as required by this subsection money in the state |
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| 31 | 30 | | highway fund that is not required to be used for a purpose specified |
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| 32 | 31 | | by Section 7-a, Article VIII, Texas Constitution, and may not use |
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| 33 | 32 | | for that remittance money received by this state under the |
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| 34 | 33 | | congestion mitigation and air quality improvement program |
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| 35 | 34 | | established under 23 U.S.C. Section 149. |
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| 36 | 35 | | (b-3) This subsection and Subsections (b-1) and |
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| 37 | 36 | | [Subsection] (b-2) expire on the last day of the state fiscal |
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| 38 | 37 | | biennium during which the Texas Commission on Environmental Quality |
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| 39 | 38 | | publishes in the Texas Register the notice required by Section |
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| 40 | 39 | | 382.037, Health and Safety Code. |
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| 41 | 40 | | (b-4) Fees collected under Subsection (b) to be sent to the |
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| 42 | 41 | | comptroller shall be deposited to the credit of the Texas Mobility |
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| 43 | 42 | | Fund if the fees are collected on or after the last day of the state |
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| 44 | 43 | | fiscal biennium during which the Texas Commission on Environmental |
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| 45 | 44 | | Quality publishes in the Texas Register the notice required by |
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| 46 | 45 | | Section 382.037, Health and Safety Code. |
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| 47 | 46 | | SECTION 2. The change in law made by this Act to Section |
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| 48 | 47 | | 501.138, Transportation Code, applies only to a fee collected on or |
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| 49 | 48 | | after the effective date of this Act. A fee collected before the |
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| 50 | 49 | | effective date of this Act is governed by the law in effect when the |
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| 51 | 50 | | fee was collected, and the former law is continued in effect for |
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| 52 | 51 | | that purpose. |
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| 53 | 52 | | SECTION 3. This Act takes effect September 1, 2021. |
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