77R12137 JAT-D                           
         By Jones of Dallas                                    H.B. No. 3205
         Substitute the following for H.B. No. 3205:
         By Chisum                                         C.S.H.B. No. 3205
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the purchase or lease of certain motor vehicles by
 1-3     certain regional transit authorities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 452.252, Transportation Code, is amended
 1-6     to read as follows:
 1-7           Sec. 452.252.  ALTERNATIVE FUEL USE PROGRAM: EXCEPTIONS.  (a)
 1-8     An authority may make exceptions to the requirements of Section
 1-9     452.2515(a) if the authority certifies the facts described by
1-10     Subsection (b) and submits the certification and supporting
1-11     evidence to the Texas Natural Resource Conservation Commission.
1-12           (b)  A certification under this section must state that:
1-13                 (1)  the authority's vehicles will be operating
1-14     primarily in an area in which neither the authority nor a supplier
1-15     has or can reasonably be expected to establish a central refueling
1-16     station for alternative fuel;
1-17                 (2)  the authority is unable to acquire or be provided
1-18     equipment or refueling facilities necessary to operate vehicles
1-19     using alternative fuels at a projected cost that is reasonably
1-20     expected to result in no greater net cost than the continued use of
1-21     conventional gasoline or diesel fuel measured over the expected
1-22     useful life of the equipment or facilities supplied; or
1-23                 (3)  the authority is unable to acquire or be provided
1-24     vehicles certified as low-emission vehicles (LEV) that meet the
 2-1     normal requirements of the authority due to unavailability for
 2-2     purchase from an original equipment manufacturer or as a
 2-3     conversion.
 2-4           (c)  The Texas Natural Resource Conservation Commission shall
 2-5     comment on the certification and evidence submitted by the board
 2-6     under this section and shall make the comments, the certification,
 2-7     and the supporting evidence available to the public at any
 2-8     reasonable time.
 2-9           SECTION 2.  This Act takes effect September 1, 2001.