By Oakley                                             H.B. No. 2822
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of consumer incentive or rebate programs
    1-3  for appliances and equipment fueled by alternative fuels.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter I, Chapter 113, Natural Resources
    1-6  Code, is amended by adding Section 113.2435 to read as follows:
    1-7        Section 113.2435.  Consumer Incentive or Rebate Programs.
    1-8        (a)  The commission may establish consumer rebate programs
    1-9  for purchasers of appliances and equipment fueled by LPG or other
   1-10  environmentally beneficial alternative fuels for the purpose of
   1-11  achieving energy conservation and efficiency and improving the
   1-12  quality of air in this state.
   1-13        (b)  The commission may adopt rules necessary to establish a
   1-14  program under this section.
   1-15        (c)  Rules adopted and promulgated by the commission under
   1-16  this section shall specify the following:
   1-17              (1)  rebate levels for various types of equipment such
   1-18  that the rebates achieve and amount of public good comparable to
   1-19  the rebate amount;
   1-20              (2)  a condition that the recipient agree to practice
   1-21  environmentally sound operating principles;
   1-22              (3)  a condition that the rebate recipient agree to not
   1-23  modify the equipment for a specified number of years as set by the
    2-1  commission;
    2-2              (4)  any other conditions or restrictions determined by
    2-3  the commission that would help ensure that either of the desired
    2-4  goals of achieving energy conservation and efficiency or improving
    2-5  air quality in this state is furthered.
    2-6        SECTION 2.  Section 113.243(c), Natural Resources Code, is
    2-7  amended to read as follows:
    2-8        (c)  The fund may be used only by the commission to pay for
    2-9  activities relating to the specific fuel from which the fee was
   2-10  derived, including direct and indirect cost relating to:
   2-11              (1)  researching all possible uses of LPG and other
   2-12  alternative fuels to enhance air quality;
   2-13              (2)  researching, developing, and implementing
   2-14  marketing, advertising, and information programs relating to
   2-15  alternative fuels to make alternative fuels more understandable and
   2-16  readily available to consumers;
   2-17              (3)  developing conservation and distribution plans to
   2-18  minimize the frequency and severity of disruptions in the supply of
   2-19  alternative fuels;
   2-20              (4)  developing a public information plan that will
   2-21  provide advisory services relating to alternative fuels to
   2-22  consumers;
   2-23              (5)  developing voluntary participation plans to
   2-24  promote the use of alternative fuels by federal, state, and local
   2-25  agencies;
    3-1              (6)  implementing consumer incentive or rebate programs
    3-2  developed pursuant to Section 113.2435 of this subchapter:
    3-3              <(6)> (7)  other functions the commission determines
    3-4  are necessary to add a program established by the commission for
    3-5  the purpose of promoting the use of LPG or other environmentally
    3-6  beneficial alternative fuels; and
    3-7              <(7)> (8)  the administrative costs incurred by the
    3-8  commission under this subchapter.
    3-9        SECTION 3.  The importance of this legislation and the
   3-10  crowded conditions of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills be read on three several days
   3-13  in each house be suspended, and this rule is hereby suspended, and
   3-14  that this Act take effect and be in force from and after its
   3-15  passage, and it is so enacted.
   3-16                       COMMITTEE AMENDMENT NO. 1
   3-17  Amend H.B. 2822 on page 2, following line 1, by adding:
   3-18              (5)  A limitation on the proportion of the fund useable
   3-19  for the rebate program which limits the proportion usable to not
   3-20  more than 25 percent of the funds available.
   3-21                                                                 Cook