By: Huberty H.B. No. 402       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 403.071(b), Government Code, is amended   to read as follows:          (b)  A claim may not be paid from an appropriation unless the   claim is presented to the comptroller for payment not later than two   years after the end of the fiscal year for which the appropriation   was made. However, a claim may be presented not later than four   years after the end of the fiscal year for which the appropriation   from which the claim is to be paid was made if the appropriation   relates to:                (1)  new construction contracts;                (2)  funding for a local initiative project described   by Section 382.220 or 382.221, Health and Safety Code, that   involves construction in a county described by Section 382.221,   Health and Safety Code;                (3)  [, to] grants awarded under Chapter 391, Health   and Safety Code;                (4)  [, or to] repair and remodeling projects that   exceed the amount of $20,000, including furniture and other   equipment, architects' and engineering fees; or                (5)  [, and] other costs related to the contracts, [or]   projects, or grants.          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 low-income vehicle repair assistance, retrofit, and   accelerated vehicle retirement programs created under Section   382.209; and                (2)  to the extent practicable, distribute available   funding created under Subsection (e) among [to] participating   counties:                      (A)  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; and                      (B)  so that a county with a population of at least   four million receives 90 percent of the revenue derived from fees   collected in the county.          SECTION 3.  Section 382.209, Health and Safety Code, is   amended by adding Subsections (k), (l), and (m) to read as follows:          (k)  The commissioners court of a participating county may   adopt a resolution to end the low-income vehicle repair assistance,   retrofit, and accelerated vehicle retirement program in the county.   The commissioners court shall submit the resolution to the   commission and to the county tax assessor-collector. The   resolution must include a date on which a fee may not be imposed   under Section 382.202 or 382.302 for the purposes of the county's   low-income vehicle repair assistance, retrofit, and accelerated   vehicle retirement program on vehicles being inspected or   registered in the county. The date must be:                 (1)  the first day of a month; and                (2)  at least 30 days after the date the resolution is   submitted to the commission.          (l)  On receipt of a resolution under Subsection (k), the   commission shall notify, in writing, the Texas Department of Motor   Vehicles, the Department of Public Safety, and the Legislative   Budget Board that a fee may not be imposed under Section 382.202 or   382.302 for the purposes of the county's low-income vehicle repair   assistance, retrofit, and accelerated vehicle retirement program   on vehicles being inspected or registered in the county after the   date established under Subsection (k).          (m)  To the extent practicable, the commission shall   distribute to the county money collected in the county before the   date established under Subsection (k) from a fee authorized under   Section 382.202 or 382.302 for the purposes of the county's   low-income vehicle repair assistance, retrofit, and accelerated   vehicle retirement program. The county may use money distributed to   the county under this subsection for remaining expenses of the   program or for any other purpose.                    SECTION 4.  Subchapter G, Chapter 382, Health and Safety   Code, is amended by adding Section 382.221 to read as follows:          Sec. 382.221.  LOW-INCOME VEHICLE REPAIR ASSISTANCE,   RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM AND LOCAL   INITIATIVE PROJECTS IN CERTAIN COUNTIES. (a) This section applies   only to a county with a population of at least 420,000 that   participates in the low-income vehicle repair assistance,   retrofit, and accelerated vehicle retirement program created under   Section 382.209.          (b)  To the extent that this section is inconsistent or in   conflict with another provision of this subchapter, this section   prevails.          (c)  A project a county implements under Section 382.220 may   include a program to enhance transportation system improvements,   including improvements meant to reduce congestion on existing   roads, but not including toll projects.          (d)  A county may use fees collected under Sections 382.202   and 382.302 for a program or project described by Section 382.220 or   this section. A county that receives money under Section 382.220 or   this section:                 (1)  is not required to provide matching funds for a   program or project; and                (2)  may allocate money to a program or project under   Section 382.209, Section 382.220, or this section at the discretion   of the county.          (e)  Money used by a county to implement a program or project   under Section 382.220 or this section that involves construction   for a fiscal year may be distributed to the county to be used for the   program or project in subsequent fiscal years if the money has been   made available to the county and has been treated as a binding   encumbrance by the commission before the end of the appropriation   year of the money appropriated for those purposes. Distribution of   the money is subject to Section 403.071, Government Code.          SECTION 5.  This Act takes effect September 1, 2017.