Floor Packet Page No. 152
Amend CSHB 2912 as follows:
(1) Add a new article to the bill, with the article and the
sections in the article to be numbered appropriately, to read as
follows:
ARTICLE ___. EMISSIONS REQUIREMENTS FOR VEHICLES IN FLEET
SECTION ___. Section 1232.104(a), Government Code, is amended
to read as follows:
(a) If the authority determines that a project is
financially viable and sufficient revenue is or will be available,
the authority may issue and sell obligations the proceeds of which
shall be used for the financing of:
(1) the conversion of state agency vehicles and other
sources of substantial energy output to an alternative fuel <under
Subchapter A, Chapter 2158>;
(2) the construction, acquisition, or maintenance by
the commission of fueling stations supplying alternative fuels or
equipment enhancing the use of engine-driven technology to support
state agency vehicles and other energy applications that use an
alternative fuel;
(3) the conversion of school district motor vehicles
and other sources of substantial energy output to an alternative
fuel;
(4) the construction, acquisition, or maintenance by a
school district of fueling stations supplying alternative fuels or
equipment enhancing the use of engine-driven technology to support
school district motor vehicles and other energy applications that
use an alternative fuel;
(5) the conversion of local mass transit authority or
department motor vehicles and other sources of substantial energy
output to an alternative fuel <under Chapters 451, 452, and 453,
Transportation Code>;
(6) the construction, acquisition, or maintenance of
fueling stations supplying alternative fuels or equipment enhancing
the use of engine-driven technology by a local mass transit
authority or department to support transit authority or department
vehicles and other energy applications that use an alternative
fuel;
(7) the conversion of motor vehicles and other sources
of substantial energy output of a county, a municipality, or a
public health district established under Chapter 121, <local
government, as defined by Section 382.003,> Health and Safety Code,
to an alternative fuel <under Section 382.134, Health and Safety
Code>;
(8) <as required by Subchapter A, Chapter
2158>.
SECTION ___. Chapter 382, Health and Safety Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. TEXAS CLEAN FLEET PROGRAM
Sec. 382.151. DEFINITIONS. In this subchapter:
(1) "Affected area" means the following counties:
Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell,
Bexar, Bosque, Bowie, Brazoria, Brazos, Burleson, Caldwell,
Calhoun, Camp, Cass, Chambers, Cherokee, Collin, Colorado, Comal,
Cooke, Coryell, Dallas, De Witt, Delta, Denton, Ellis, El Paso,
Falls, Fannin, Fayette, Fort Bend, Franklin, Freestone, Galveston,
Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hardin,
Harris, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston,
Hunt, Jackson, Jasper, Jefferson, Johnson, Karnes, Kaufman, Lamar,
Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Madison, Marion,
Matagorda, McLennan, Milam, Montgomery, Morris, Nacogdoches,
Navarro, Newton, Nueces, Orange, Panola, Parker, Polk, Rains, Red
River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Jacinto, San
Patricio, San Augustine, Shelby, Smith, Somervell, Tarrant, Titus,
Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker,
Waller, Washington, Wharton, Williamson, Wilson, Wise, and Wood.
(2) "Annually" means the 12-month period from
September 1 through August 31.
(3) "Lease" means the exclusive use and control of a
motor vehicle pursuant to a contractual agreement for a term of 120
days or more for consideration.
(4) "Local government" means a school district,
county, municipality, junior college district, river authority, or
any other special district, or political subdivision created under
the constitution or a statute of this state. The term does not
include a mass transit authority or a state agency.
(5) "Mass transit authority" means a transportation or
transit authority or a department established under Chapter 451,
452, 453, or 457, Transportation Code, that operates a mass transit
system.
(6) "Motor vehicle" means a self-propelled device
designed to transport persons or property on a highway that is
required to be registered under Chapter 502, Transportation Code,
and that has a gross vehicle weight rating of 10,000 pounds or
less. The term does not include:
(A) a motor vehicle used exclusively for law
enforcement or emergency purposes;
(B) a motor vehicle used in the maintenance or
repair of underground mass transit facilities that is required by
federal law to operate on diesel fuel;
(C) a motor vehicle used for manufacturer
product evaluations or tests, including a motor vehicle owned or
held by a university research department, independent testing
laboratory, another evaluation facility, or a state agency whose
primary purpose is to evaluate performance of motor vehicles for
engineering, research, and development or quality control reasons;
or
(D) a motor vehicle held for sale by a motor
vehicle dealer, including a demonstration vehicle.
(7) "State agency" means a board, commission,
department, office, agency, institution of higher education, or
other governmental entity in the executive, judicial, or
legislative branch of state government.
Sec. 382.152. APPLICABILITY. This subchapter applies only
to:
(1) a state agency that owns, operates, or leases a
fleet of 15 or more motor vehicles in this state;
(2) a local government that owns, operates, or leases
a fleet of 25 or more motor vehicles in an affected area;
(3) a mass transit authority that owns, operates, or
leases a fleet of 25 or more vehicles in an affected area; or
(4) any other person who owns, operates, or leases a
fleet of 25 or more motor vehicles.
Sec. 382.153. PURCHASING AND LEASING REQUIREMENTS. (a) The
following percentages of motor vehicles purchased or leased
annually by a state agency, mass transit authority, local
government, or other person may not exceed an average of oxides of
nitrogen standards of bin 3, 40 C.F.R. 86.1811-04 as published in
the February 10, 2000, Federal Register for Tier 2 exhaust emission
standards:
(1) 25 percent of vehicles purchased or leased on or
after September 1, 2003;
(2) 50 percent of vehicles purchased or leased on or
after September 1, 2004;
(3) 65 percent of vehicles purchased or leased on or
after September 1, 2005;
(4) 80 percent of vehicles purchased or leased on or
after September 1, 2006;
(5) 90 percent of vehicles purchased or leased on or
after September 1, 2007; and
(6) 100 percent of vehicles purchased or leased on or
after September 1, 2008.
(b) A state agency, mass transit authority, local
government, or other person may purchase or lease a motor vehicle
that is converted to a fuel or power source other than gasoline or
diesel to satisfy the percentage requirements under this section.
(c) All motor vehicles purchased or leased under this
section must be certified to meet the federal Tier 2 exhaust
emission bin standards.
(d) The commission may waive the requirements of this
section or reduce the percentage requirements of this section if:
(1) the state agency, mass transit authority, local
government, or any other person demonstrates by evidence acceptable
to the commission that motor vehicles that meet the specific
average exhaust emission standard for oxides of nitrogen under
Subsection (a) are not available for purchase or lease in this
state; or
(2) a mass transit authority demonstrates by evidence
acceptable to the commission that complying with the requirements
would unduly compromise a public transportation alternative that
reduces motor vehicle miles travelled.
Sec. 382.154. ADOPTION OF RULES. The commission shall adopt
rules to implement this subchapter.
Sec. 382.155. REPORTING REQUIREMENTS. The commission by rule
shall require each state agency, mass transit authority, local
government, or other person to whom this subchapter applies to
maintain records and submit reports to demonstrate compliance with
this subchapter.
Sec. 382.156. RELATIONSHIP TO OTHER LAW. This subchapter
does not require the purchase or lease of a motor vehicle in
violation of the alternative fuel transportation program under the
Energy Policy Act of 1992 (Pub. L. No. 102-486), as amended, or any
other applicable federal or state law.
SECTION ___. Section 113.287(e), Natural Resources Code, is
amended to read as follows:
(e) A state agency, county, municipality, school district,
or mass transit authority or department is eligible to receive a
loan, grant, or other disbursement under this subchapter to carry
out an eligible conversion or infrastructure project regarding LPG
or another environmentally beneficial fuel <to comply with fuel
requirements provided by or by rules adopted under:>
<(1) Subchapter F, Chapter 382, Health and Safety
Code;>
<(2) Subchapter A, Chapter 2158, Government Code;>
<(3) Subchapter C, Chapter 2171, Government Code;>
<(4) Subchapter G, Chapter 451, Transportation Code;>
<(5) Subchapter F, Chapter 452, Transportation Code;
or>
<(6) Subchapter F, Chapter 453, Transportation Code>.
SECTION ___. Section 5.178(b), Water Code, is amended to read
as follows:
(b) The report due by December 1 of an even-numbered year
must <shall> include, in addition:
(1) the commission's recommendations for necessary and
desirable legislation; and
(2) the following reports:
(A) the assessments and reports required by
Sections 361.0219(c), 361.0232, <361.485,> 361.510, and 371.063,
<and 382.141,> Health and Safety Code; and
(B) the reports required by Section 26.0135(d)
of this code and Section 5.02, Chapter 133, Acts of the 69th
Legislature, Regular Session, 1985.
SECTION ___. The following laws are repealed:
(1) Subchapter A, Chapter 2158, Government Code;
(2) Subchapter F, Chapter 382, Health and Safety Code;
(3) Subchapter G, Chapter 451, Transportation Code;
(4) Subchapter F, Chapter 452, Transportation Code;
(5) Subchapter F, Chapter 453, Transportation Code;
and
(6) Subchapter E, Chapter 457, Transportation Code.
SECTION ___. The Texas Natural Resource Conservation
Commission shall examine the feasibility and effectiveness of fleet
program requirements similar to the requirements under Subchapter
G, Chapter 382, Health and Safety Code, as added by this article,
for motor vehicles that have a gross vehicle weight rating of more
than 10,000 pounds. The commission shall report its findings and
recommendations to the legislature by December 1, 2002.
SECTION ___. (a) Except as otherwise provided by this
section, this article takes effect September 1, 2001.
(b) The sections of this article that amend Sections
1232.104(a) and 2171.103(b), Government Code, Section 113.287(e),
Natural Resources Code, and Section 5.178(b), Water Code, take
effect September 1, 2003.
(c) The section of this article that repeals certain
statutes takes effect September 1, 2003.
(2) Renumber the subsequent articles and sections of the
bill appropriately.