Bill Text: TX SB922 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to authorizing the optional imposition of a county air quality fee at the time other emissions-related inspection fees are collected.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-09 - Referred to Natural Resources & Economic Development [SB922 Detail]
Download: Texas-2015-SB922-Introduced.html
84R3177 JXC-D | ||
By: Watson | S.B. No. 922 |
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relating to authorizing the optional imposition of a county air | ||
quality fee at the time other emissions-related inspection fees are | ||
collected. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter G, Chapter 382, Health and Safety | ||
Code, is amended by adding Section 382.221 to read as follows: | ||
Sec. 382.221. COUNTY AIR QUALITY FEE. (a) In this section: | ||
(1) "Department" means the Texas Department of Motor | ||
Vehicles. | ||
(2) "State-funded air quality program" means: | ||
(A) the low-income vehicle repair assistance, | ||
retrofit, and accelerated vehicle retirement program under Section | ||
382.209; and | ||
(B) a local initiative project program under | ||
Section 382.220. | ||
(b) An affected county in which a fee is not collected for a | ||
state-funded air quality program and that has incidents | ||
approaching, or monitors incidents that exceed, the eight-hour | ||
national ambient air quality standard for ozone may by order adopt a | ||
county air quality fee to be used by the county only for a | ||
county-funded version of a state-funded air quality program. The | ||
county-funded program must be overseen by the commission. | ||
(c) A county may not discontinue a state-funded air quality | ||
program in the county in anticipation of imposing a fee under this | ||
section if the discontinuance would cause a violation of 42 U.S.C. | ||
Section 7511d. | ||
(d) A fee imposed under this section is not a Clean Air Act | ||
fee. | ||
(e) A county that adopts a fee under this section shall | ||
notify the department, in a manner determined by the department, of | ||
the fee and the fee amount not later than the 60th day before the | ||
date the county imposes the fee. | ||
(f) The amount of a fee imposed under this section must be: | ||
(1) in an amount equal to the amount of a fee that was | ||
imposed in the county for the purposes of a state-funded air quality | ||
program before the county imposed the fee under this section, if | ||
applicable; or | ||
(2) in an amount the county determines is necessary to | ||
cover the costs to the county of implementing a county-funded | ||
version of a state-funded air quality program, as approved by the | ||
commission. | ||
(g) The county assessor-collector of a county imposing a fee | ||
under this section shall collect the additional fee for a vehicle at | ||
the time of registration, when other fees imposed under this | ||
chapter and Chapter 548, Transportation Code, are collected under | ||
Section 548.509, Transportation Code. | ||
(h) The department shall collect the additional fee on a | ||
vehicle that is owned by a resident of a county imposing a fee under | ||
this section and that must be registered directly with the | ||
department. The department shall send all fees collected for a | ||
county under this subsection to the county treasurer. The | ||
department may deduct for administrative costs an amount of not | ||
more than two percent of the amount of fees collected under this | ||
section. | ||
(i) The department shall adopt rules necessary to implement | ||
this section. | ||
SECTION 2. (a) Notwithstanding Section 382.221(e), Health | ||
and Safety Code, as added by this Act, the first county in this | ||
state that adopts a fee under Section 382.221, Health and Safety | ||
Code, as added by this Act, must notify the Texas Department of | ||
Motor Vehicles, in a manner determined by the department, of the fee | ||
and the fee amount not later than the 120th day before the date the | ||
county imposes the fee. | ||
(b) A second or subsequent county in this state that adopts | ||
a fee under Section 382.221, Health and Safety Code, as added by | ||
this Act, may not impose the adopted fee before the date the county | ||
described by Subsection (a) of this section imposes the fee adopted | ||
by that county. | ||
SECTION 3. This Act takes effect September 1, 2015. |