By Hamric H.B. No. 3210
74R8614 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to rulemaking by the Texas Natural Resource Conservation
1-3 Commission in relation to vehicle emissions and similar clean air
1-4 programs and to advisory participation in that rulemaking.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 382, Health and Safety
1-7 Code, is amended by adding Sections 382.042 and 382.043 to read as
1-8 follows:
1-9 Sec. 382.042. CLEAN AIR COMPLIANCE BY RULE. (a) The
1-10 commission by emergency rule may take any action necessary to
1-11 conform the state's vehicle emissions inspection and maintenance
1-12 program established under Section 382.037 or any similar clean air
1-13 program to the most flexible, effective, efficient, economical, and
1-14 convenient method or system compatible with and acceptable under
1-15 federal law or regulations or other federal guidelines or
1-16 enforcement policies. The commission must consult the clean air
1-17 compliance advisory committee established under Section 382.043
1-18 regarding any proposed action under this subsection that
1-19 effectively suspends or changes state law.
1-20 (b) Any commission contract for vehicle emissions inspection
1-21 or maintenance services or other services to implement the vehicle
1-22 emissions inspection and maintenance program or a similar clean air
1-23 program must allow the commission to:
1-24 (1) renegotiate the contract to provide for the use of
2-1 a different inspection or maintenance, including testing, method,
2-2 system, or service or other service compatible with and acceptable
2-3 under federal law or regulations or other federal guidelines or
2-4 enforcement policies if the commission determines the method,
2-5 system, or service is more flexible, effective, efficient,
2-6 economical, or convenient; or
2-7 (2) terminate the contract if the provider is unable
2-8 or refuses to provide the different method, system, or service.
2-9 (c) The commission shall conduct ongoing studies to compare
2-10 and assess alternative vehicle emissions inspection and maintenance
2-11 methods and systems and vehicle emissions reduction methods to
2-12 determine the most flexible, effective, efficient, economical, and
2-13 convenient methods and systems compatible with and acceptable under
2-14 federal law and regulations or other federal guidelines or
2-15 enforcement policies. In implementing this section, the commission
2-16 regularly shall consult and shall cooperate with the agencies
2-17 responsible for administering vehicle emissions inspection and
2-18 maintenance programs in other states and with the United States
2-19 Environmental Protection Agency.
2-20 Sec. 382.043. CLEAN AIR COMPLIANCE ADVISORY COMMITTEE. (a)
2-21 The clean air compliance advisory committee consists of:
2-22 (1) three members appointed by the governor;
2-23 (2) three members appointed by the lieutenant
2-24 governor; and
2-25 (3) three members appointed by the speaker of the
2-26 house of representatives.
2-27 (b) A member appointed by the governor must, and a member
3-1 appointed by the lieutenant governor or the speaker of the house of
3-2 representatives may, represent an industry involved in vehicle
3-3 emissions or other clean air issues. A member appointed by the
3-4 lieutenant governor or the speaker of the house of representatives
3-5 may be a member of the legislature. A majority of the committee
3-6 must represent the nonattainment areas of the state.
3-7 (c) A member of the committee serves at the will of the
3-8 officer who appoints the member.
3-9 (d) The committee shall advise the commission generally on
3-10 broad issues relating to the vehicle emissions inspection and
3-11 maintenance program and other clean air compliance matters and
3-12 specifically on any action the commission proposes to take under
3-13 Section 382.042 that effectively suspends or changes state law.
3-14 (e) A member of the committee is not entitled to
3-15 compensation but is entitled to reimbursement of the member's
3-16 travel expenses as provided in the General Appropriations Act.
3-17 (f) The committee is not subject to Article 6252-33, Revised
3-18 Statutes.
3-19 SECTION 2. Immediately after the effective date of this Act,
3-20 the governor, the lieutenant governor, and the speaker of the house
3-21 of representatives shall appoint the clean air compliance advisory
3-22 committee established under Section 382.043, Health and Safety
3-23 Code, as added by this Act.
3-24 SECTION 3. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.