85R19403 JXC-F     By: Turner H.B. No. 2321     Substitute the following for H.B. No. 2321:     By:  Pickett C.S.H.B. No. 2321       A BILL TO BE ENTITLED   AN ACT   relating to low-income vehicle repair assistance, retrofit, and   accelerated vehicle retirement programs and local initiative   projects.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 382.201, Health and Safety Code, is   amended by adding Subdivision (4-a) to read as follows:                (4-a)  "Purchase" means a transaction in which a   person:                      (A)  buys a vehicle; or                      (B)  leases a vehicle for a period of at least   three years under an agreement that allows the vehicle to be driven   at least 12,000 miles a year without a penalty.          SECTION 2.  Section 382.202(g), Health and Safety Code, is   amended to read as follows:          (g)  The commission shall:                (1)  use part of the fee collected under Subsection (e)   to fund county [low-income vehicle repair assistance, retrofit, and   accelerated vehicle retirement] programs and projects as provided   by Section 382.220 [created under Section 382.209]; and                (2)  to the extent practicable, distribute available   funding created under Subsection (e) to participating counties in   reasonable proportion to the amount of fees collected under   Subsection (e) in those counties or in the regions in which those   counties are located.          SECTION 3.  Sections 382.209(b) and (e), Health and Safety   Code, are amended to read as follows:          (b)  The commission shall provide funding for local   low-income vehicle repair assistance, retrofit, and accelerated   vehicle retirement programs as provided by Section 382.220 [with   available funds collected under Section 382.202, 382.302, or other   designated and available funds].  The programs shall be   administered in accordance with Chapter 783, Government Code.   Program costs may include call center management, application   oversight, invoice analysis, education, outreach, and advertising.     Not more than 10 percent of the money provided to a local low-income   vehicle repair assistance, retrofit, and accelerated vehicle   retirement program [under this section] may be used for the   administration of the program [programs], including program costs.          (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 4.  Sections 382.210(a), (b), and (f), 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 of at least $800;                (2)  an [a minimum and maximum] amount to be put toward   the purchase price of a replacement vehicle qualified for the   accelerated retirement program, based on vehicle type and model   year, of at least [with the maximum amount not to exceed]:                      (A)  $4,000 [$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)  $4,000 [$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)  $4,500 [$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; or                            (ii)  has been certified to meet federal   Tier 2, Bin 3 or a cleaner Bin certification under 40 C.F.R. Section   86.1811-04, as 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 purchase price [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.          (f)  For the purposes of Subsection (b), a reference to the   total purchase price of a motor vehicle that is sold [In this   section, "total cost"] means the total amount of money paid or to be   paid for the purchase of a motor vehicle as set forth as "sales   price" in the form entitled "Application for Texas Certificate of   Title" promulgated by the Texas Department of Motor Vehicles. In a   transaction that does not involve the use of that form, the term   means an amount of money that is equivalent, or substantially   equivalent, to the amount that would appear as "sales price" on the   Application for Texas Certificate of Title if that form were   involved.          SECTION 5.  Section 382.220, Health and Safety Code, is   amended to read as follows:          Sec. 382.220.  COUNTY USE OF MONEY FROM VEHICLE EMISSIONS   INSPECTION FEES; [FUNDING FOR] LOCAL INITIATIVE PROJECTS.  (a) The   commission:                (1)  shall provide funding to participating counties   for local low-income vehicle repair assistance, retrofit, and   accelerated vehicle retirement programs under Section 382.209   using:                      (A)  available funds derived from fees collected   through vehicle emissions inspection and maintenance programs   under Sections 382.202 and 382.302; and                      (B)  other designated and available funds; and                (2)  may provide funding to participating counties for   local initiative projects under Subsection (b) using available   funds derived from fees collected through vehicle emissions   inspection and maintenance programs under Sections 382.202 and   382.302.          (a-1)  A participating county that implements a local   initiative project under Subsection (b) must use at least 50   percent of the money made available to the county under Section   382.202(g) or 382.302 for the county's low-income vehicle repair   assistance, retrofit, and accelerated vehicle retirement program.          (a-2)  Money that is made available to participating   counties under Section 382.202(g) or 382.302 may be appropriated   only for programs administered in accordance with Chapter 783,   Government Code, to improve air quality.          (a-3)  A participating county may agree to contract with any   appropriate entity, including a metropolitan planning organization   or a council of governments, to implement a program under Section   382.202 or[,] 382.209[,] or a project under Subsection (b) [this   section].          (b)  A participating county may implement a local initiative   project, which [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 through the replacement and   retirement of fleet vehicles as authorized by Subsection (d).          (c)  Except as provided by Subsection (d), 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)  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 [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),   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].          SECTION 6.  Section 382.302(e), Health and Safety Code, is   amended to read as follows:          (e)  A participating county may participate in the program   established under Section 382.209 and may implement a local   initiative project under Section 382.220.          SECTION 7.  This Act takes effect September 1, 2017.