By Capelo                                             H.B. No. 2649
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting the Texas Natural Resource Conservation
 1-3     Commission from imposing controls more stringent than federal
 1-4     controls on motor fuel content.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 382.019(a), Health and Safety Code, is
 1-7     amended to read as follows:
 1-8           (a)  Except as provided by Section 382.037(g), or another
 1-9     provision of this chapter, the [The] commission by rule may provide
1-10     requirements concerning the particular method to be used to control
1-11     and reduce emissions from engines used to propel land vehicles.
1-12           SECTION 2. Section 382.037, Health and Safety Code, is
1-13     amended by amending Subsection (g) and adding Subsections (h) and
1-14     (i) to read as follows:
1-15           (g)  The commission may not establish, before January 1,
1-16     2004, vehicle fuel content standards to provide for vehicle fuel
1-17     content for clean motor vehicle fuels for any area of the state
1-18     that are more stringent or restrictive [other] than those standards
1-19     promulgated by the United States Environmental Protection Agency
1-20     applicable to that area, except for the fuel described in
1-21     Subsection (h), unless the fuel is specifically authorized by the
1-22     legislature [or unless it is demonstrated to be necessary for the
1-23     attainment of federal ozone ambient air quality standards or,
1-24     following appropriate health studies and in consultation with the
 2-1     Texas Department of Health, it is determined to be necessary for
 2-2     the protection of public health].
 2-3           (h)  The commission may not require the distribution of Texas
 2-4     low-emission diesel as described in revisions to the State
 2-5     Implementation Plan for the control of ozone air pollution before
 2-6     February 1, 2005.
 2-7           (i)  The commission may consider, as an alternative method of
 2-8     compliance with Subsection (h), fuels to achieve equivalent
 2-9     emissions reductions.
2-10           SECTION 3. Section 382.039(a), Health and Safety Code, is
2-11     amended to read as follows:
2-12           (a)  Except as provided by Section 382.037(g) or another
2-13     provision of this chapter, the [The] commission shall coordinate
2-14     with federal, state, and local transportation planning agencies to
2-15     develop and implement transportation programs and other measures
2-16     necessary to demonstrate and maintain attainment of national
2-17     ambient air quality standards and to protect the public from
2-18     exposure to hazardous air contaminants from motor vehicles.
2-19           SECTION 4. The changes in law made by this Act do not apply
2-20     to fuel standards adopted by the Texas Natural Resource
2-21     Conservation Commission before September 1, 2000.
2-22           SECTION 5.  This Act takes effect September 1, 2001.