74R5345 MI-D
          By Henderson, Haywood                                  S.B. No. 290
          Substitute the following for S.B. No. 290:
          By Kuempel                                         C.S.S.B. No. 290
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the delay of the employer trip reduction program.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  (a)  Notwithstanding any rule of the Texas
    1-5  Natural Resource Conservation Commission to the contrary, the Texas
    1-6  Natural Resource Conservation Commission shall immediately suspend,
    1-7  until the 181st day after the effective date of this Act,
    1-8  implementation of the employer trip reduction program:
    1-9              (1)  prescribed by Section 182(d)(1)(B) of the federal
   1-10  Clean Air Act (42 U.S.C. Section 7511a(d)(1)(B)); and
   1-11              (2)  to be developed in accordance with guidance issued
   1-12  by the administrator of the Environmental Protection Agency.
   1-13        (b)  An employer required by rule of the Texas Natural
   1-14  Resource Conservation Commission to perform an act, other than the
   1-15  submission of an employer trip reduction plan, to comply with the
   1-16  employer trip reduction program is not required to perform the act
   1-17  until the 181st day after the effective date of this Act.
   1-18        SECTION 2.  (a)  The governor may extend the suspension of
   1-19  the employer trip reduction program imposed by this Act as provided
   1-20  by this section.
   1-21        (b)  The governor by executive order, with the consent by
   1-22  resolution of the house of representatives and the senate, may
   1-23  extend the suspension of the employer trip reduction program
   1-24  imposed by this Act for 45 days, beginning on the date the
    2-1  suspension expires.  The governor may order additional, successive
    2-2  45-day suspensions under this section as the governor considers
    2-3  necessary or desirable.
    2-4        (c)  The governor may seek from the United States
    2-5  Environmental Protection Agency a series of successive 45-day
    2-6  waivers of federal enforcement of, and federal compliance deadlines
    2-7  for, the employer trip reduction program.
    2-8        (d)  The Texas Natural Resource Conservation Commission may
    2-9  not seek from the United States Environmental Protection Agency a
   2-10  waiver of federal enforcement of, or federal compliance deadlines
   2-11  for, the employer trip reduction program.
   2-12        SECTION 3.  (a)  Notwithstanding any rule of the Texas
   2-13  Natural Resource Conservation Commission to the contrary, an
   2-14  employer who makes a good faith effort to comply with commission
   2-15  rules governing the employer trip reduction program is considered
   2-16  to be in compliance with those rules.
   2-17        (b)  Notwithstanding any rule of the Texas Natural Resource
   2-18  Conservation Commission or any provision of an employer trip
   2-19  reduction program adopted under a rule of the Texas Natural
   2-20  Resource Conservation Commission, an employee may not be required
   2-21  to participate in an employer trip reduction plan if the employee:
   2-22              (1)  travels no more than 30 miles one-way from the
   2-23  employee's residence to the employee's place of employment; or
   2-24              (2)  spends not longer than one hour traveling one way
   2-25  from the employee's residence to the employee's place of
   2-26  employment.
   2-27        (c)  A letter from the employee to the employer stating that
    3-1  the employee meets the requirements of Subsection (b) of this
    3-2  section is sufficient evidence that the employee qualifies for
    3-3  exemption under this section from an employer trip reduction plan.
    3-4        SECTION 4.  The Texas Natural Resource Conservation
    3-5  Commission may not take any enforcement action against or impose
    3-6  any penalty on an employer related to the employer trip reduction
    3-7  program if the employer has complied with the commission's
    3-8  requirement to submit an employer trip reduction plan.
    3-9        SECTION 5.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended,
   3-14  and that this Act take effect and be in force from and after its
   3-15  passage, and it is so enacted.