85R3310 SLB-F     By: Watson S.B. No. 2003       A BILL TO BE ENTITLED   AN ACT   relating to the low-income vehicle repair assistance, retrofit, and   accelerated vehicle retirement program and local initiative air   quality projects.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 382.209(e), Health and Safety Code, is   amended to read as follows:          (e)  A vehicle is not eligible to participate in a low-income   vehicle repair assistance, retrofit, and accelerated vehicle   retirement program established under this section unless:                (1)  the vehicle is capable of being operated;                (2)  the registration of the vehicle:                      (A)  is current; and                      (B)  reflects that the vehicle is [has been]   registered in a [the] county implementing the program [for at least   12 of the 15 months preceding the application for participation in   the program];                (3)  the commissioners court of the county   administering the program determines that the vehicle meets the   eligibility criteria adopted by the commission, the Texas   Department of Motor Vehicles, and the Public Safety Commission;                (4)  if the vehicle is to be repaired, the repair is   done by a repair facility recognized by the Department of Public   Safety, which may be an independent or private entity licensed by   the state; and                (5)  if the vehicle is to be retired under this   subsection and Section 382.213, the replacement vehicle is a   qualifying motor vehicle.          SECTION 2.  Sections 382.210(a) and (b), Health and Safety   Code, are amended to read as follows:          (a)  The commission by rule shall adopt guidelines to assist   a participating county in implementing a low-income vehicle repair   assistance, retrofit, and accelerated vehicle retirement program   authorized under Section 382.209.  The guidelines at a minimum   shall recommend:                (1)  a minimum and maximum amount for repair   assistance;                (2)  a minimum and maximum amount toward the purchase   price of a replacement vehicle qualified for the accelerated   retirement program, based on vehicle type and model year, with the   maximum amount not to exceed:                      (A)  $3,500 [$3,000] for a replacement car of the   current model year or the previous four [three] model years, except   as provided by Paragraph (C);                      (B)  $3,500 [$3,000] for a replacement truck of   the current model year or the previous three [two] model years,   except as provided by Paragraph (C); and                      (C)  $4,000 [$3,500] for a replacement vehicle of   the current model year or the previous four [three] model years   that:                            (i)  is a hybrid vehicle, electric vehicle,   or natural gas vehicle; and [or]                            (ii)  has been certified to meet federal   Tier 3 [2], Bin 85 [3] or a cleaner Bin certification under 40   C.F.R. Section 86.1811-17 [86.1811-04], as that section existed on   January 1, 2017 [published in the February 10, 2000, Federal   Register];                (3)  criteria for determining eligibility, taking into   account:                      (A)  the vehicle owner's income, which may not   exceed 300 percent of the federal poverty level;                      (B)  the fair market value of the vehicle; and                      (C)  any other relevant considerations;                (4)  safeguards for preventing fraud in the repair,   purchase, or sale of a vehicle in the program; and                (5)  procedures for determining the degree and amount   of repair assistance a vehicle is allowed, based on:                      (A)  the amount of money the vehicle owner has   spent on repairs;                      (B)  the vehicle owner's income; and                      (C)  any other relevant factors.          (b)  A replacement vehicle described by Subsection (a)(2)   must:                (1)  except as provided by Subsection (c), be a vehicle   in a class or category of vehicles that has been certified to meet   federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R.   Section 86.1811-04, as published in the February 10, 2000, Federal   Register;                (2)  have a gross vehicle weight rating of less than   10,000 pounds;                (3)  have an odometer reading of not more than 85,000   [70,000] miles; and                (4)  be a vehicle the total cost of which does not   exceed:                      (A)  for a vehicle described by Subsection   (a)(2)(A) or (B), $35,000; or                      (B)  for a vehicle described by Subsection   (a)(2)(C), $45,000.          SECTION 3.  Section 382.220, Health and Safety Code, is   amended by amending Subsections (b), (c), and (d) and adding   Subsection (e) to read as follows:          (b)  A program under this section must be implemented in   consultation with the commission and may include a program to:                (1)  expand and enhance the AirCheck Texas Repair and   Replacement Assistance Program;                (2)  develop and implement programs or systems that   remotely determine vehicle emissions and notify the vehicle's   operator;                (3)  develop and implement projects to implement the   commission's smoking vehicle program;                (4)  develop and implement projects in consultation   with the director of the Department of Public Safety for   coordinating with local law enforcement officials to reduce the use   of counterfeit registration insignia and vehicle inspection   reports by providing local law enforcement officials with funds to   identify vehicles with counterfeit registration insignia and   vehicle inspection reports and to carry out appropriate actions;                (5)  develop and implement programs to enhance   transportation system improvements; [or]                (6)  develop and implement new air control strategies   designed to assist local areas in complying with state and federal   air quality rules and regulations; or                (7)  improve air quality as authorized by Subsection   (e).          (c)  Except as provided by Subsection (e), money [Money] that   is made available for the implementation of a program under   Subsection (b) may not be expended for local government fleet or   vehicle acquisition or replacement, call center management,   application oversight, invoice analysis, education, outreach, or   advertising purposes.          (d)  Money that is made available to counties [Fees   collected] under Sections 382.202 and 382.302 may be used [in an   amount not to exceed $7 million per fiscal year] for projects   described by Subsection (b) and[, of which $2 million may be used   only for projects described by Subsection (b)(4). The remaining $5   million may be used for any project described by Subsection (b).     The fees] shall be made available only to counties participating in   the low-income vehicle repair assistance, retrofit, and   accelerated vehicle retirement programs created under Section   382.209 [and only on a matching basis, whereby the commission   provides money to a county in the same amount that the county   dedicates to a project authorized by Subsection (b).     The   commission may reduce the match requirement for a county that   proposes to develop and implement independent test facility fraud   detection programs, including the use of remote sensing technology   for coordinating with law enforcement officials to detect, prevent,   and prosecute the use of counterfeit registration insignia and   vehicle inspection reports].          (e)  A participating county may use money that has been   allocated by the commission to the county for a program under   Subsection (b) and that has not been spent by the last day of the   fiscal year in which the money was allocated for the replacement and   retirement of local government fleet vehicles. Money available for   use under this subsection must be spent not later than the second   anniversary of the last day of the fiscal year in which the   commission allocated the funds.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.