SRC-MKV H.B. 2134 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2134
By: Chisum (Brown, J. E. "Buster")
Natural Resources
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Federal law requires certain air quality standards and imposes strict
deadlines and penalties for noncompliance.  The Texas Natural Resource
Conservation Commission recently adopted new regulations requiring more
than 90% reductions in auto emissions to comply with federal law.  H.B.
2134 provides the Texas Natural Resource Conservation Commission and the
Texas Department of Public Safety with expanded authority and flexibility
relating to vehicle emissions testing.     

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Public
Safety of the State of Texas in SECTION 1 (Section 382.203, Health and
Safety Code), to the Texas Natural Resource Conservation Commission and the
Department of Public Safety of the State of Texas in SECTION 1 (Sections
382.205 and 382.209, Health and Safety Code), to the Texas Natural Resource
Conservation Commission in SECTION 1 (Sections 382.210 and 382.212, Health
and Safety Code), and to the advisory created by this Act in SECTION 7
(Section 548.006, Transportation Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 382, Health and Safety Code, by adding
Subchapter G and Sections 382.037-382.039, Health and Safety Code, by
transferring them to new Subchapter G, renumbering them as Sections
382.202-382.208 and amending those sections. 

SUBCHAPTER G.  VEHICLE EMISSIONS

 Sec. 382.201.  DEFINITIONS
  
Sec. 382.202.  VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM.

 Sec. 382.203.  VEHICLES SUBJECT TO PROGRAM; EXEMPTIONS. 

 Sec. 382.204.  REMOTE SENSING PROGRAM COMPONENT. 

 Sec. 382.205.  INSPECTION EQUIPMENT AND PROCEDURES. 

 Sec. 382.206.  COLLECTION OF DATA; REPORT. 

 Sec. 382.207.  INSPECTION STATIONS; QUALITY CONTROL AUDITS.  

 Sec. 382.208.  ATTAINMENT PROGRAM.

 Sec. 382.209.  LOW-INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND 
 ACCELERATED VEHICLE RETIREMENT PROGRAM.
  
 Sec. 382.210.  IMPLEMENTATION GUIDELINES. 

 Sec. 382.211.  LOCAL ADVISORY PANEL. 

 Sec. 382.212.  EMISSIONS REDUCTION CREDIT.

 Sec. 382.213.  DISPOSITION OF RETIRED VEHICLE.

 Sec. 382.214.  SALE OF VEHICLE WITH INTENT TO DEFRAUD.

 Sec. 382.215.  SALE OF VEHICLE NOT REQUIRED.

Sec. 382.216.  INCENTIVES FOR VOLUNTARY PARTICIPATION IN VEHICLE EMISSIONS
INSPECTION AND MAINTENANCE PROGRAM. 

SECTION 2.  Amends Section 382.0622(a), Health and Safety Code.
 
SECTION 3.  Amends Chapter 501B, Transportation Code, by adding Section
501.0276: 

Sec. 501.0276.  DENIAL OF TITLE RECEIPT OR CERTIFICATE OF TITLE FOR FAILURE
TO PROVIDE PROOF OF EMISSIONS TESTING. 
 
SECTION 4.  Amends Section 502.009(a), Transportation Code.
 
SECTION 5.  Amends Chapter 502D, Transportation Code, by adding Section
502.1535: 

 Sec. 502.1535.  EVIDENCE OF VEHICLE EMISSIONS INSPECTION.
 
SECTION 6. Amends Section 547.605, Transportation Code, by adding
Subsections (d) and (e). 
 
SECTION 7.  Amends Chapter 548A, Transportation Code, by adding Section
548.006: 

 Sec. 548.006.  ADVISORY COMMITTEE.
 
SECTION 8.  Amends Section 548.301(c), Transportation Code.
 
SECTION 9.  Amends Chapter 548F, Transportation Code, by adding Sections
548.3011 and 548.3012: 

 Sec. 548.3011.  EMISSIONS TEST ON RESALE. 

Sec. 548.3012.  EXEMPTION:  VEHICLE NOT USED PRIMARILY IN COUNTY OF
REGISTRATION.  
 
SECTION 10.  Amends Section 548.306, Transportation Code.
 
SECTION 11. Amends Chapter 548F, Transportation Code, by adding Section
548.3065: 

 Sec. 548.3065.  ADMINISTRATIVE PENALTY.
 
SECTION 12.  (a)  Requires that not later than January 1, 2002, the members
of the Public Safety Commission appoint certain persons to the advisory
committee created under Section 548.006, Transportation Code, as added by
this Act. 
 
 (b)  Requires that not later than January 1, 2002, the members of the
Texas Natural Resource Conservation Commission appoint certain persons as
members to the advisory committee created under Section 548.006,
Transportation Code, as added by this Act. 
  
SECTION 13.  (a)  Requires the Texas Natural Resource Conservation
Commission to seek a binding commitment from the United States
Environmental Protection Agency that any county that is not required by law
but voluntarily chooses to participate in a motor vehicle inspection and
maintenance program under Chapter 548F, Transportation Code, and a
low-income vehicle repair assistance, retrofit, and accelerated vehicle
retirement program authorized by Section 382.209, Health and Safety Code,
as added by this Act: 

(1)  will receive recognition and credit for taking voluntary steps to
reduce air pollution if the county is later determined to exceed federally
established clean air standards; and 

(2)  will not be penalized for having voluntarily created programs to curb
air pollution.  

(b)  Authorizes the Texas Natural Resource Conservation Commission to
request assistance from the Texas congressional delegation, counties
interested in voluntarily participating in a program, or another state or
federal agency in order to obtain a binding commitment under Subsection (a)
of this section.  
 
SECTION 14.  Makes application of this Act prospective.
 
SECTION 15.  Effective date: upon passage or September 1, 2001.