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.