1-1     By:  Capelo (Senate Sponsor - Duncan)                 H.B. No. 2649
 1-2           (In the Senate - Received from the House May 4, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to prohibiting the Texas Natural Resource Conservation
 1-9     Commission from imposing controls more stringent than federal
1-10     controls on motor fuel content.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 382.019(a), Health and Safety Code, is
1-13     amended to read as follows:
1-14           (a)  Except as provided by Section 382.037(g), or another
1-15     provision of this chapter, the [The] commission by rule may provide
1-16     requirements concerning the particular method to be used to control
1-17     and reduce emissions from engines used to propel land vehicles.
1-18           SECTION 2. Section 382.037, Health and Safety Code, is
1-19     amended by amending Subsection (g) and adding Subsections (h) and
1-20     (i) to read as follows:
1-21           (g)  The commission may not establish, before January 1,
1-22     2004, vehicle fuel content standards to provide for vehicle fuel
1-23     content for clean motor vehicle fuels for any area of the state
1-24     that are more stringent or restrictive [other] than those standards
1-25     promulgated by the United States Environmental Protection Agency
1-26     applicable to that area, except for the fuel described in
1-27     Subsection (h), unless the fuel is specifically authorized by the
1-28     legislature [or unless it is demonstrated to be necessary for the
1-29     attainment of federal ozone ambient air quality standards or,
1-30     following appropriate health studies and in consultation with the
1-31     Texas Department of Health, it is determined to be necessary for
1-32     the protection of public health].
1-33           (h)  The commission may not require the distribution of Texas
1-34     low-emission diesel as described in revisions to the State
1-35     Implementation Plan for the control of ozone air pollution before
1-36     February 1, 2005.
1-37           (i)  The commission may consider, as an alternative method of
1-38     compliance with Subsection (h), fuels to achieve equivalent
1-39     emissions reductions.
1-40           SECTION 3. Section 382.039(a), Health and Safety Code, is
1-41     amended to read as follows:
1-42           (a)  Except as provided by Section 382.037(g) or another
1-43     provision of this chapter, the [The] commission shall coordinate
1-44     with federal, state, and local transportation planning agencies to
1-45     develop and implement transportation programs and other measures
1-46     necessary to demonstrate and maintain attainment of national
1-47     ambient air quality standards and to protect the public from
1-48     exposure to hazardous air contaminants from motor vehicles.
1-49           SECTION 4. The changes in law made by this Act do not apply
1-50     to fuel standards adopted by the Texas Natural Resource
1-51     Conservation Commission before September 1, 2000.
1-52           SECTION 5.  This Act takes effect September 1, 2001.
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