By Cuellar                                            H.B. No. 2567
         76R7859 CBH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to incentives for the use of clean-burning alternative
 1-3     motor fuels and motor vehicles propelled by alternative motor
 1-4     fuels.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
 1-7     by adding Sections 151.333 and 151.3335 to read as follows:
 1-8           Sec. 151.333.  PROPERTY USED TO CONVERT MOTOR VEHICLE TO USE
 1-9     CLEAN FUEL.  (a)  In this section:
1-10                 (1)  "Clean-burning fuel" has the meaning assigned by
1-11     Section 179A(e), Internal Revenue Code of 1986, as amended.
1-12                 (2)  "Qualified clean-fuel vehicle property" has the
1-13     meaning assigned by Section 179A(c), Internal Revenue Code of 1986,
1-14     as amended.
1-15           (b)  The tax imposed by this chapter does not apply to the
1-16     sale of qualified clean-fuel vehicle property used to convert a
1-17     motor vehicle so that the vehicle can be propelled using a
1-18     clean-burning fuel either exclusively or interchangeably with
1-19     another motor fuel.
1-20           (c)  This section applies only to the conversion of a motor
1-21     vehicle that was manufactured not earlier than the 1996 vehicle
1-22     model year.
1-23           (d)  This section expires September 30, 2003.
1-24           Sec. 151.3335.  CLEAN-FUEL VEHICLE REFUELING PROPERTY.  (a)
 2-1     In this section, "qualified clean-fuel vehicle refueling property"
 2-2     has the meaning assigned by Section 179A(d), Internal Revenue Code
 2-3     of 1986, as amended.
 2-4           (b)  The taxes imposed by this chapter do not apply to
 2-5     qualified clean-fuel vehicle refueling property.
 2-6           (c)  This section expires September 30, 2004.
 2-7           SECTION 2.  Subchapter E, Chapter 152, Tax Code, is amended
 2-8     by adding Section 152.094 to read as follows:
 2-9           Sec. 152.094.  MOTOR VEHICLES PROPELLED BY CLEAN-BURNING
2-10     FUEL.  (a)  In this section:
2-11                 (1)  "Clean-burning fuel" has the meaning assigned by
2-12     Section 179A(e), Internal Revenue Code of 1986, as amended.
2-13                 (2)  "Qualified clean-fuel vehicle property" has the
2-14     meaning assigned by Section 179A(c), Internal Revenue Code of 1986,
2-15     as amended.
2-16           (b)  The tax imposed by this chapter does not apply to a
2-17     motor vehicle that is also qualified clean-fuel vehicle property
2-18     and that is propelled using a clean-burning fuel either exclusively
2-19     or interchangeably with another motor fuel.
2-20           (c)  This section applies only to a motor vehicle that was
2-21     manufactured not earlier than the 1997 vehicle model year.
2-22           (d)  This section expires September 30, 2003.
2-23           SECTION 3.  Subchapter D, Chapter 153, Tax Code, is amended
2-24     by adding Sections 153.3022 and 153.3035 to read as follows:
2-25           Sec. 153.3022.  TEMPORARY EXEMPTION.  (a)  Notwithstanding
2-26     any other provision of this chapter, the tax imposed by this
2-27     chapter does not apply  to the sale or use of liquefied gas to
 3-1     propel a motor vehicle on the public highways of this state if the
 3-2     person registers under Section 153.3035 and pays the fee required
 3-3     by that section.
 3-4           (b)  This section applies regardless of whether the person
 3-5     owning the motor vehicle described by Subsection (a)  would
 3-6     otherwise pay the tax directly to a dealer or through the purchase
 3-7     of a liquefied gas tax decal permit.
 3-8           (c)  This section expires September 30, 2003.
 3-9           Sec. 153.3035.  REGISTRATION FOR TEMPORARY EXEMPTION.  (a)  A
3-10     person who owns a motor vehicle equipped to use liquefied gas must
3-11     register that motor vehicle with the comptroller in accordance with
3-12     this section to be eligible for the temporary exemption provided by
3-13     Section 153.3022.
3-14           (b)  The comptroller shall charge a $10 fee for each motor
3-15     vehicle registered under this section.
3-16           (c)  The person registering a motor vehicle must include the
3-17     following information with the registration:
3-18                 (1)  the odometer reading of the motor vehicle;
3-19                 (2)  whether the vehicle is a dedicated,
3-20     flexible-fueled, or dual-fueled motor vehicle;
3-21                 (3)  the certified emissions standard of the motor
3-22     vehicle, such as transitional low-emission vehicle (TLEV),
3-23     low-emission vehicle (LEV), ultra low-emission vehicle (ULEV),
3-24     inherently low-emission vehicle (ILEV), or zero emission vehicle
3-25     (ZEV);
3-26                 (4)  whether the vehicle complies with the clean-fuel
3-27     emissions standards under the Clean Air Act (42 U.S.C. Section
 4-1     7583), as amended, or under rules adopted by the Administrator of
 4-2     the United States Environmental Protection Agency (40 C.F.R.
 4-3     Sections 88.311-93 and 88.105-94), as amended; and
 4-4                 (5)  any other information required by the comptroller.
 4-5           (d)  A person who registers under this section is not
 4-6     required to obtain any permit otherwise required by this subchapter
 4-7     or to submit any report otherwise required by this subchapter.
 4-8           (e)  This section expires September 30, 2003.
 4-9           SECTION 4.  Subchapter D, Chapter 502, Transportation Code,
4-10     is amended by adding Section 502.1735 to read as follows:
4-11           Sec. 502.1735.  OPTIONAL COUNTY FEE FOR ALTERNATIVE FUEL
4-12     PROJECTS.  (a)  In this section, "alternative fuel" has the meaning
4-13     assigned by Section 301, Energy Policy Act of 1992 (42 U.S.C.
4-14     Section 13211).
4-15           (b)  The commissioners court of a county may impose by order
4-16     an additional fee of not more than $2 for registering a vehicle in
4-17     the county.
4-18           (c)  A vehicle that may be registered under this chapter
4-19     without payment of a registration fee may be registered in a county
4-20     imposing a fee under this section without payment of the additional
4-21     fee.
4-22           (d)  A fee imposed under this section may take effect only on
4-23     January 1 of a year.  The county must adopt the order and notify
4-24     the department not later than September 1 of the year preceding the
4-25     year in which the fee takes effect.
4-26           (e)  A fee imposed under this section may be removed.  The
4-27     removal may take effect only on January 1 of a year.  A county may
 5-1     remove the fee only by:
 5-2                 (1)  rescinding the order imposing the fee; and
 5-3                 (2)  notifying the department not later than September
 5-4     1 of the year preceding the year in which the removal takes effect.
 5-5           (f)  The county assessor-collector of a county imposing a fee
 5-6     under this section shall collect the additional fee for a vehicle
 5-7     when other fees imposed under this chapter are collected.
 5-8           (g)  A county imposing a fee under this section may deduct
 5-9     for administrative costs an amount of not more than five percent of
5-10     the revenue it receives from the fee.   After making the deductions
5-11     provided for by this subsection, the county shall deposit the
5-12     remainder of the fee revenue in a separate fund in the county
5-13     treasury to be administered by the commissioners court.
5-14           (h)  A county may use the revenue in the separate fund only
5-15     to provide competitive grants to support the development of
5-16     projects, technology, and infrastructure related to the use of
5-17     alternative motor fuels and alternative fueled vehicles, including
5-18     the conversion or purchase of alternative fueled vehicles.
5-19           (i)  The commissioners court shall adopt rules and develop
5-20     forms necessary to administer this section not later than the 90th
5-21     day after the date on which the court adopts an order imposing the
5-22     fee.
5-23           SECTION 5.  (a)  This Act takes effect October 1, 1999.
5-24           (b)  The change in law made by this Act does not affect taxes
5-25     imposed before the effective date of this Act, and the law in
5-26     effect before that date is continued in effect for purposes of the
5-27     liability for and collection of those taxes.
 6-1           SECTION 6.  The importance of this legislation and the
 6-2     crowded condition of the calendars in both houses create an
 6-3     emergency and an imperative public necessity that the
 6-4     constitutional rule requiring bills to be read on three several
 6-5     days in each house be suspended, and this rule is hereby suspended.