For expiration of Subsections (b-1), (b-2), and (b-3), see Subsection (b-3).
Sec. 501.138.  COLLECTION AND DISPOSITION OF FEES.
(a)  An applicant for a title, other than the state or a political subdivision of the state, must pay a fee of:
(1)  $33 if the applicant's residence is a county located within a nonattainment area as defined under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407), as amended, or is an affected county, as defined by Section 386.001, Health and Safety Code; or
(2)  $28 if the applicant's residence is any other county.
(b)  The fees shall be distributed as follows:
(1)  $5 of the fee to the county treasurer for deposit in the officers' salary fund;
(2)  $8 of the fee to the department:
(A)  together with the application within the time prescribed by Section 501.023; or
(B)  if the fee is deposited in an interest-bearing account or certificate in the county depository or invested in an investment authorized by Subchapter A, Chapter 2256, Government Code, not later than the 35th day after the date on which the fee is received; and
(3)  the following amount to the comptroller at the time and in the manner prescribed by the comptroller:
(A)  $20 of the fee if the applicant's residence is a county located within a nonattainment area as defined under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407), as amended, or is an affected county, as defined by Section 386.001, Health and Safety Code; or
(B)  $15 of the fee if the applicant's residence is any other county.
(b-1)  Except as provided by Subsection (b-4), fees collected under Subsection (b) to be sent to the comptroller shall be deposited to the credit of the Texas emissions reduction plan fund.
(b-2)  The comptroller shall establish a record of the amount of the fees deposited to the credit of the Texas emissions reduction plan fund under Subsection (b-1).  On or before the fifth workday of each month, the Texas Department of Transportation shall remit to the comptroller for deposit to the credit of the Texas Mobility Fund an amount of money equal to the amount of the fees deposited by the comptroller to the credit of the Texas emissions reduction plan fund under Subsection (b-1) in the preceding month.  The Texas Department of Transportation shall use for remittance to the comptroller as required by this subsection money in the state highway fund that is not required to be used for a purpose specified by Section 7-a, Article VIII, Texas Constitution, and may not use for that remittance money received by this state under the congestion mitigation and air quality improvement program established under 23 U.S.C. Section 149.
(b-3)  This subsection and Subsections (b-1) and (b-2) expire on the last day of the state fiscal biennium during which the Texas Commission on Environmental Quality publishes in the Texas Register the notice required by Section 382.037, Health and Safety Code.
(b-4)  Fees collected under Subsection (b) to be sent to the comptroller shall be deposited to the credit of the Texas Mobility Fund if the fees are collected on or after the last day of the state fiscal biennium during which the Texas Commission on Environmental Quality publishes in the Texas Register the notice required by Section 382.037, Health and Safety Code.
(c)  Of the amount received under Subsection (b)(2), the department shall deposit:
(1)  $5 in the general revenue fund; and
(2)  $3 to the credit of the Texas Department of Motor Vehicles fund to recover the expenses necessary to administer this chapter.
(d)  The county owns all interest earned on fees deposited or invested under Subsection (b)(2)(B).  The county treasurer shall credit that interest to the county general fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 24, eff. June 20, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 19, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.15, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.16, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 20, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 58, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 58, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 11, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1301 (H.B. 3745), Sec. 2.03, eff. August 30, 2019.
Acts 2021, 87th Leg., R.S., Ch. 1043 (H.B. 4472), Sec. 10, eff. September 1, 2021.