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.