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.