BILL ANALYSIS



S.B. 19
By: Whitmire (Hamric)
1-24-95
Committee Report (Unamended)


BACKGROUND

As a result of the Clean Air Act Amendments adopted by Congress in
1990, the EPA established pollution reduction requirements for the
most polluted regions of the United States.  The 1990 amendments
included a vehicle emissions testing program to be administered in
Houston, El Paso, Dallas/Fort Worth and Beaumont/Port Arthur. 
Constituents affected by the program have complained that it is
inefficient and costly and should be examined by the State's
legislative leaders before being implemented.

PURPOSE

As proposed, S.B. 19 provides for a 91-day delay of the vehicle
emissions inspection and maintenance program.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 382.037, Health and Safety Code, by
adding Subsection (o), to prohibit the vehicle emissions inspection
and maintenance program (program) from beginning operation until 91
days after the effective date of this subsection.  Provides
sections under which this subsection applies to implementation of
the Texas Department of Transportation program.

SECTION 2. Requires the Texas Natural Resource Conservation
Commission, the Texas Department of Transportation and the Public
Safety Commission to suspend the operation of any program begun
under specific sections prior to the effective date of this Act.

SECTION 3. Emergency clause.
           Effective date: upon passage.

SUMMARY OF COMMITTEE ACTION

Pursuant to suspension of the 5 day posting rule, the House Select
Committee on S.B. 19 met in a public hearing on January 24, 1995. 
Testifying for the bill were the following: Norma Chavez,
Independent Garage/Station Owners; Ray Cornett, Tax Assessor
Collectors Association; Jim Terrell, North Texas Mobil Dealers;
Michael Nowels, North Texas Mobil Dealers & independent repair
shops.  Testifying against the bill were the following: Bob Miller,
Tejas Testing Technology; Brad Laughlin, Tejas Testing Technology;
Darrell David, Tejas Testing Technology; Bob Paul, Allen Group,
Inc. & Marta Technologies; Peggy Roark, all operating contractors;
David Harris, Environmental Testing, Inc.; Rick Lucero,
operators/owners of emissions stations in Dallas, Fort Worth and
Houston; Ken Kramer, Sierra Club; Robert Williams, representing
himself & Automotive Service Association of Texas; David Sokolow,
Tejas Testing Technology; Donald Mansfield, Automobile Service
Association; Rick Sharbrough, Automotive Service Association; Bob
Marwill representing himself & Cadence Group; Glen Young
representing himself; Wade Thomason, American Lung Association of
Texas; and Ray Moon representing himself & Beechnut Auto Repair. 
Testifying neutrally the bill were the following: John Hall, Texas
Natural Resource Conservation Commission; A. Stanley Meiburg, U.S.
Environmental Protection Agency; James Woodrick, Texas Chemical
Council; Jim Sewell, Associated General Contractors Building
Branch; Cindy Morphew, Mid-Continent Oil and Gas Association; and
Stephen Smith, S.A. Smith Contracting, Inc..

A motion to report S.B. 19 without amendment to the full House with
the recommendation that 
it do pass and be printed carried with a vote of 5 Ayes, 2 Nays, 2
PNV and 0 Absent.