By Swinford                                           H.B. No. 2820
         77R7249 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a prohibition on the sale of gasoline containing methyl
 1-3     tertiary butyl ether and a requirement for the substitution of
 1-4     gasoline containing ethyl tertiary butyl ether or ethanol for use
 1-5     in certain nonattainment areas.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. Subchapter B, Chapter 382, Health and Safety Code,
 1-8     is amended by adding Section 382.0191 to read as follows:
 1-9           Sec. 382.0191.  PROHIBITION ON SALE OF GASOLINE CONTAINING
1-10     METHYL TERTIARY BUTYL ETHER. (a)  In this section, "nonattainment
1-11     area" means an area designated as a nonattainment area under
1-12     Section 107(d), federal Clean Air Act (42 U.S.C. Section 7407).
1-13           (b)  A person may not sell or offer for sale in this state
1-14     gasoline containing methyl tertiary butyl ether (MTBE) after
1-15     September 1, 2003.
1-16           (c)  A state implementation plan for a nonattainment area
1-17     that authorizes the sale of gasoline containing methyl tertiary
1-18     butyl ether for use in motor vehicles shall, to the extent
1-19     permitted by federal law:
1-20                 (1)  phase out the sale of gasoline containing methyl
1-21     tertiary butyl ether not later than September 1, 2003; and
1-22                 (2)  require that, effective September 1, 2003, ethyl
1-23     tertiary butyl ether (ETBE) or ethanol be used as the oxygenate in
1-24     reformulated gasoline required to be used in the nonattainment
 2-1     area.
 2-2           SECTION 2. As soon as practicable after the effective date of
 2-3     this Act, the Texas Natural Resource Conservation Commission shall
 2-4     revise the state implementation plan for each air quality control
 2-5     region in the state as necessary to conform to the terms of Section
 2-6     382.0191, Health and Safety Code, as added by this Act, and submit
 2-7     the plan revision to the administrator of the United States
 2-8     Environmental Protection Agency under Section 110, federal Clean
 2-9     Air Act (42 U.S.C. Section 7410).
2-10           SECTION 3.  This Act takes effect immediately if it receives
2-11     a vote of two-thirds of all the members elected to each house, as
2-12     provided by Section 39, Article III, Texas Constitution.  If this
2-13     Act does not receive the vote necessary for immediate effect, this
2-14     Act takes effect September 1, 2001.