By Capelo                                             H.B. No. 2649
         77R8058 MI-F                           
                                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(g), Health and Safety Code, is
1-13     amended to read as follows:
1-14           (g)  The commission may not establish vehicle fuel content
1-15     standards to provide for vehicle fuel content for clean motor
1-16     vehicle fuels for any area of the state that are more stringent or
1-17     restrictive [other] than those standards promulgated by the United
1-18     States Environmental Protection Agency applicable to that area
1-19     unless specifically authorized by the legislature [or unless it is
1-20     demonstrated to be necessary for the attainment of federal ozone
1-21     ambient air quality standards or, following appropriate health
1-22     studies and in consultation with the Texas Department of Health, it
1-23     is determined to be necessary for the protection of public health].
1-24           SECTION 3. Section 382.039(a), Health and Safety Code, is
 2-1     amended to read as follows:
 2-2           (a)  Except as provided by Section 382.037(g) or another
 2-3     provision of this chapter, the [The] commission shall coordinate
 2-4     with federal, state, and local transportation planning agencies to
 2-5     develop and implement transportation programs and other measures
 2-6     necessary to demonstrate and maintain attainment of national
 2-7     ambient air quality standards and to protect the public from
 2-8     exposure to hazardous air contaminants from motor vehicles.
 2-9           SECTION 4. This Act takes effect September 1, 2001.