By Henderson S.B. No. 721
74R3965 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain governmental purchasing requirements for
1-3 alternative fuel vehicles.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 3.29(c)(1) and (2), State Purchasing and
1-6 General Services Act (Article 601b, Vernon's Texas Civil Statutes),
1-7 are amended to read as follows:
1-8 (1) Any state agency which operates a fleet of more
1-9 than 15 motor vehicles, excluding law enforcement and emergency
1-10 vehicles, shall achieve the following percentages of vehicles
1-11 capable of using compressed natural gas or other alternative fuels
1-12 by the times specified:
1-13 (A) the percentage shall be equal to or greater
1-14 than 30 percent of the number of fleet vehicles operated by
1-15 September 1, 1998 <1994>; and
1-16 (B) equal to or greater than 50 percent of the
1-17 number of fleet vehicles operated by September 1, 2000 <1996>.
1-18 (2) The Texas Air Control Board must review this
1-19 alternative fuel use program by December 31, 2000 <1996>, and, if
1-20 the Texas Air Control Board determines that the program has been
1-21 effective in reducing total annual emissions from motor vehicles in
1-22 the area, state agencies operating fleets of more than 15 motor
1-23 vehicles shall achieve a percentage of fleet vehicles capable of
1-24 using compressed natural gas or other alternative fuels equal to or
2-1 greater than 90 percent of the number of fleet vehicles operated by
2-2 September 1, 2002 <1998>, and thereafter.
2-3 SECTION 2. Section 3.29(h), State Purchasing and General
2-4 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
2-5 amended to read as follows:
2-6 (h) The commission may extend the date by which a vehicle
2-7 powered by a traditional gasoline or diesel engine shall be capable
2-8 of using compressed natural gas or other alternative fuels as
2-9 required under this section for one or more periods of 90 days, but
2-10 not beyond September 1, 1996 <1992>, if it finds a lack of ability
2-11 to acquire such vehicles with original alternative fuels equipment,
2-12 to acquire such vehicles which are able to be converted, or to
2-13 convert such vehicles to use compressed natural gas or other
2-14 alternative fuels.
2-15 SECTION 3. Sections 14(d)(1) and (2), Chapter 141, Acts of
2-16 the 63rd Legislature, Regular Session, 1973 (Article 1118x,
2-17 Vernon's Texas Civil Statutes), are amended to read as follows:
2-18 (1) The board shall achieve the following percentages
2-19 of vehicles capable of using compressed natural gas or other
2-20 alternative fuels by the times specified:
2-21 (A) the percentage shall be equal to or greater
2-22 than 30 percent of the number of fleet vehicles operated in 1998
2-23 <1994>; and
2-24 (B) equal to or greater than 50 percent of the
2-25 number of fleet vehicles operated by September 1, 2000 <1996>.
2-26 (2) The Texas Air Control Board must review this
2-27 alternative fuel use program by December 31, 2000 <1996>, and, if
3-1 the Texas Air Control Board determines that the program has been
3-2 effective in reducing total annual emissions from motor vehicles in
3-3 the area, the board shall achieve a percentage of fleet vehicles
3-4 capable of using compressed natural gas or other alternative fuels
3-5 equal to or greater than 90 percent of the number of fleet vehicles
3-6 operated by September 1, 2002 <1998>, and thereafter.
3-7 SECTION 4. Sections 20(f)(1) and (2), Chapter 683, Acts of
3-8 the 66th Legislature, Regular Session, 1979 (Article 1118y,
3-9 Vernon's Texas Civil Statutes), are amended to read as follows:
3-10 (1) An authority shall achieve the following
3-11 percentages of vehicles capable of using compressed natural gas or
3-12 other alternative fuels by the times specified:
3-13 (A) the percentage shall be equal to or greater
3-14 than 30 percent of the number of fleet vehicles operated by
3-15 September 1, 1998 <1994>; and
3-16 (B) equal to or greater than 50 percent of the
3-17 number of fleet vehicles operated by September 1, 2000 <1996>.
3-18 (2) The Texas Air Control Board must review this
3-19 alternative fuel use program by December 31, 2000 <1996>, and, if
3-20 the Texas Air Control Board determines that the program has been
3-21 effective in reducing total annual emissions from motor vehicles in
3-22 the area, the authority shall achieve a percentage of fleet
3-23 vehicles capable of using compressed natural gas or other
3-24 alternative fuels equal to or greater than 90 percent of the number
3-25 of fleet vehicles operated by September 1, 2002 <1998>, and
3-26 thereafter.
3-27 SECTION 5. Sections 6(l)(1) and (2), Article 1118z, Revised
4-1 Statutes, are amended to read as follows:
4-2 (1) A department shall achieve the following
4-3 percentages of vehicles capable of using compressed natural gas or
4-4 other alternative fuels by the times specified:
4-5 (A) the percentage shall be equal to or greater
4-6 than 30 percent of the number of fleet vehicles operated by
4-7 September 1, 1998 <1994>; and
4-8 (B) equal to or greater than 50 percent of the
4-9 number of fleet vehicles operated by September 1, 2000 <1996>.
4-10 (2) The Texas Air Control Board must review this
4-11 alternative fuel use program by December 31, 2000 <1996>, and, if
4-12 the Texas Air Control Board determines that the program has been
4-13 effective in reducing total annual emissions from motor vehicles in
4-14 the area, departments shall achieve a percentage of fleet vehicles
4-15 capable of using compressed natural gas or other alternative fuels
4-16 equal to or greater than 90 percent of the number of fleet vehicles
4-17 operated by September 1, 2002 <1998>, and thereafter.
4-18 SECTION 6. Section 21.174(c)(1), Education Code, is amended
4-19 to read as follows:
4-20 (1) Except as provided in Subsections (e) and (f), no
4-21 county or local district school board may purchase or lease or
4-22 authorize the purchase or lease after September 1, 1997 <1993>, of
4-23 any motor vehicle used for transporting school children for any
4-24 county or local school district operating more than 50 such
4-25 vehicles unless that vehicle is capable of using compressed natural
4-26 gas or other alternative fuels which result in comparably lower
4-27 emissions of oxides of nitrogen, volatile organic compounds, carbon
5-1 monoxide, or particulates or any combination thereof.
5-2 SECTION 7. Sections 21.174(d) and (f), Education Code, are
5-3 amended to read as follows:
5-4 (d)(1) Any county or local district school board which
5-5 operates a fleet of more than 50 motor vehicles used for
5-6 transporting school children shall ensure that:
5-7 (A) not less than 50 percent of its fleet is
5-8 capable of using compressed natural gas or other alternative fuel
5-9 not later than the earlier of September 1, 2001 <1997>, or four
5-10 years from the date the fleet exceeds 50 vehicles; and
5-11 (B) not less than 90 percent of its fleet is
5-12 capable of using compressed natural gas or other alternative fuel
5-13 not later than September 1, 2005 <2001>.
5-14 (2) A school district may meet the fleet composition
5-15 requirements by converting new or existing vehicles to alternative
5-16 fuel, by replacing existing vehicle engines with alternative fuel
5-17 engines, or by purchasing new alternative fuel vehicles.
5-18 (3) School districts that achieve a fleet composition
5-19 of 30 percent or more alternative fuel vehicles by September 1,
5-20 1998 <1994>, have priority to receive appropriated or other funds
5-21 available for the purpose of fleet conversion to alternative fuel.
5-22 (f) The requirements of Subsections (c) and (d) do not
5-23 require any district to convert any vehicle put into service on or
5-24 before September 1, 1997 <1993>, to alternative fuel. The
5-25 requirements of Subsections (c) and (d) do not apply until
5-26 September 1, 1999 <1995>, for any district that applied for a
5-27 two-year life-cycle cost benefit waiver prior to September 1, 1997
6-1 <1993>, if that waiver is subsequently granted. The General
6-2 Services Commission shall expedite the process on all those waiver
6-3 applications.
6-4 SECTION 8. This Act does not affect the transfer of the
6-5 powers, rights, duties, and obligations of the Texas Air Control
6-6 Board to the Texas Natural Resource Conservation Commission as
6-7 provided by Sections 1.086 and 1.087, Chapter 3, Acts of the 72nd
6-8 Legislature, 1st Called Session, 1991.
6-9 SECTION 9. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended,
6-14 and that this Act take effect and be in force from and after its
6-15 passage, and it is so enacted.