By: Pickett	H.B. No. 3393

	A BILL TO BE ENTITLED
	AN ACT
	relating to the extension of fees and surcharges providing revenue
	to the Texas emissions reduction plan fund.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 386.251(c), Health and Safety Code, is
	amended to read as follows:
	(c)  The fund consists of:
	(1)  the amount of money deposited to the credit of the
	fund under:
	(A)  Section 386.056;
	(B)  Sections 151.0515 and 152.0215, Tax Code; and
	(C)  Sections [501.138,] 502.358[,] and 548.5055,
	Transportation Code; and
	(2)  grant money recaptured under Section 386.111(d)
	and Chapter 391.
	SECTION 2.  Section 151.0515, Tax Code, is amended to add
	Section (c-1) and to amend Section (d) read as follows:
	(c-1)  (1) Collection of the surcharge imposed by this
	section shall be suspended for a period beginning September 1,
	2017, and ending August 31, 2025, with collections to resume
	September 1, 2025, provided that this section has not expired prior
	to that date.
	(2)  During the period of suspension in (1), should the
	Texas commission on environmental quality estimate a balance in the
	fund at an amount that continued appropriations, transfers, and
	other deductions out of the fund for the following state fiscal
	biennium at then-current levels will cause the balance in the fund
	to fall below $500 million during that biennium, the commission
	shall notify the comptroller that the fund is estimated to be below
	the desired base level. If the comptroller concurs with that
	estimate, the suspension period will terminate early, and the
	comptroller shall cause collection of the surcharge to resume
	beginning September 1 of the following state fiscal biennium or as
	soon thereafter as is feasible, provided that this section has not
	expired prior to that date.
	(d)  This section expires on the last day of the state fiscal
	biennium containing the date marking five years from the United
	States Environmental Protection Agency publication of
	certification in the Federal Register that, with respect to each
	national ambient air quality standard for ozone under 40 C.F.R.
	Section 81.344, the United States Environmental Protection Agency
	has, for each designated area in Texas under that section:
	(1)  designated the area as attainment or
	unclassifiable; or
	(2)  approved a redesignation substitute making a
	finding of attainment for the area [August 31, 2019].
	SECTION 28.  Section 152.0215, Tax Code, is amended to add
	subsection (b-1) and to amend subsection (c) to read as follows:
	(b-1)  (1) Collection of the surcharge imposed by this
	section shall be suspended for a period beginning September 1,
	2017, and ending August 31, 2025, with collections to resume
	September 1, 2025, provided that this section has not expired prior
	to that date.
	(2)  During the period of suspension in (1), should the
	Texas commission on environmental quality estimate a balance in the
	Texas emissions reduction plan fund at an amount that continued
	appropriations, transfers, and other deductions out of the fund for
	the following state fiscal biennium at then-current levels will
	cause the balance in the fund to fall below $500 million during that
	biennium, the commission shall notify the comptroller that the fund
	is estimated to be below the desired base level.  If the comptroller
	concurs with that estimate, the suspension period will terminate
	early, and the comptroller shall cause collection of the surcharge
	to resume beginning September 1 of the following state fiscal
	biennium or as soon thereafter as is feasible, provided that this
	section has not expired prior to that date.
	(c)  This section expires on the last day of the state fiscal
	biennium containing the date marking five years from the United
	States Environmental Protection Agency publication of
	certification in the Federal Register that, with respect to each
	national ambient air quality standard for ozone under 40 C.F.R.
	Section 81.344, the United States Environmental Protection Agency
	has, for each designated area in Texas under that section:
	(1)  designated the area as attainment or
	unclassifiable; or
	(2)  approved a redesignation substitute making a
	finding of attainment for the area [August 31, 2019].
	SECTION 3.  Section 501.138(b-1), Transportation Code, is
	amended to read as follows:
	(b-1)  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].
	SECTION 4.  Section 502.358, Transportation Code, is amended
	so add Subsection (b-1) and to amend Subsection (c) to read as
	follows:
	(b-1)  (1) Collection of the surcharge imposed by this
	section shall be suspended for a period beginning September 1,
	2017, and ending August 31, 2025, with collections to resume
	September 1, 2025, provided that this section has not expired prior
	to that date.
	(2)  During the period of suspension in (1), should the
	Texas commission on environmental quality estimate a balance in the
	Texas emissions reduction plan fund at an amount that continued
	appropriations, transfers, and other deductions out of the fund for
	the following state fiscal biennium at then-current levels will
	cause the balance in the fund to fall below $500 million during that
	biennium, the commission shall notify the comptroller that the fund
	is estimated to be below the desired base level. If the comptroller
	concurs with that estimate, the suspension period will terminate
	early, and the comptroller shall cause collection of the surcharge
	to resume beginning September 1 of the following state fiscal
	biennium or as soon thereafter as is feasible, provided that this
	section has not expired prior to that date.
	(c)  This section expires on the last day of the state fiscal
	biennium containing the date marking five years from the United
	States Environmental Protection Agency publication of
	certification in the Federal Register that, with respect to each
	national ambient air quality standard for ozone under 40 C.F.R.
	Section 81.344, the United States Environmental Protection Agency
	has, for each designated area in Texas under that section:
	(1)  designated the area as attainment or
	unclassifiable; or
	(2)  approved a redesignation substitute making a
	finding of attainment for the area [August 31, 2019].
	SECTION 5.  The heading to Section 548.5055, Transportation
	Code, is amended to read as follows:
	Sec. 548.5055.  TEXAS EMISSIONS [EMISSION] REDUCTION PLAN
	FEE.
	SECTION 6.  Sections 548.5055, Transportation Code, is
	amended to add Subsection (b-1) and to amend Subsections (b) and (c)
	to read as follows:
	(b)  The department shall remit fees collected under this
	section to the comptroller at the time and in the manner prescribed
	by the comptroller for deposit in the Texas emissions [emission]
	reduction plan fund.
	(b-1)  Collection of the fee imposed by this section shall be
	suspended for a period beginning September 1, 2017, and ending
	August 31, 2025, with collections to resume September 1, 2025,
	provided that this section has not expired prior to that date.
	(2)  During the period of suspension in (1), should the
	Texas commission on environmental quality estimate a balance in the
	Texas emissions reduction plan fund at an amount that continued
	appropriations, transfers, and other deductions out of the fund for
	the following state fiscal biennium at then-current levels will
	cause the balance in the fund to fall below $500 million during that
	biennium, the commission shall notify the comptroller and the
	department that the fund is estimated to be below the desired base
	level.  If the comptroller agrees with that estimate, the
	comptroller shall notify the department and the suspension period
	will terminate early. Upon notification, the department shall cause
	collection of the fee to resume beginning September 1 of the
	following state fiscal biennium or as soon thereafter as is
	feasible, provided that this section has not expired prior to that
	date.
	(c)  This section expires on the last day of the state fiscal
	biennium containing the date marking five years from the United
	States Environmental Protection Agency publication of
	certification in the Federal Register that, with respect to each
	national ambient air quality standard for ozone under 40 C.F.R.
	Section 81.344, the United States Environmental Protection Agency
	has, for each designated area in Texas under that section:
	(1)  designated the area as attainment or
	unclassifiable; or
	(2)  approved a redesignation substitute making a
	finding of attainment for the area [August 31, 2019].
	SECTION 7.  Sections 501.138(b-2) and (b-3), Transportation
	Code, are repealed.
	SECTION 8.  The changes in law made by this Act apply only to
	a fee or surcharge collected on or after the effective date of this
	Act. A fee or surcharge collected before the effective date of this
	Act is governed by the law in effect when the fee or surcharge was
	collected, and the former law is continued in effect for that
	purpose.
	SECTION 9.  This Act takes effect September 1, 2017.