BILL ANALYSIS H.B. 2142 By: Horn 04-19-95 Committee Report (Unamended) BACKGROUND The Environmental Protection Agency is, by rule (58 FR 65018), phasing out the production of ozone-depleting chemicals specified in section 604 of the Clean Air Act, as amended in 1990. This phaseout includes all chloroflourocarbons (Freon being among them) due to the belief that the substances classified within this group are harmful to the environment. Section 382.0205, Health and Safety Code, allows the Texas Natural Resource Conservation Commission to, by rule, control air contaminants as necessary in a manner consistent with applicable federal law. Recently, several other states have either introduced or passed legislation that would allow for the use of Freon. PURPOSE HB 2142 allows a person to possess, use, manufacture, purchase, install, transport or sell chloroflourocarbons without penalty. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Subchapter B, Chapter 382, Health and Safety Code, is amended by amending Section 382.0205 which renumbers existing language as (a) and adds Subsections (b) and (c) which allows for the use, manufacture, purchase, installation, transport, or sale of chloroflourocarbons, and stipulates that a person will not be subject to penalty for any of these actions. SECTION 2. Effective Date: September 1, 1995. SECTION 3. Emergency Clause. SUMMARY OF COMMITTEE ACTION HB 2142 was considered by the House Committee on Environmental Regulation in a public hearing on April 11, 1995. Rep. Horn was recognized to explain the bill. Katheryn Keller, representing Texas Farm Bureau, testified in favor of the bill. Fred Kain, representing the Texas Air Conditioning Contractors Association, testified against the bill. Without objection, HB 2142 was left pending. HB 2142 was considered by the House Committee on Environmental Regulation in a formal meeting on April 19, 1995. The bill was reported favorably without amendment with the recommendation that it do pass and be printed, by a record vote of five (5) yeas, one (1) nay, no (0) pnv, and three (3) absent.