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.