By Jones of Dallas H.B. No. 3205
77R5334 JAT-D
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 other than an authority described by Subsection (b)
1-9 may make exceptions to the requirements of Section 452.2515(a) if
1-10 the authority certifies the facts described by Subsection (c)
1-11 [(b)].
1-12 (b) The Texas Natural Resource Conservation Commission may
1-13 make exceptions to, waive the requirements of, or reduce the
1-14 applicable percentage provided by Section 452.2515 for an authority
1-15 consisting of one subregion governed by a subregional board created
1-16 under Subchapter O if the board submits to the commission a
1-17 certification of the facts described by Subsection (c) supported by
1-18 evidence acceptable to the commission.
1-19 (c) A certification under this section must state that:
1-20 (1) the authority's vehicles will be operating
1-21 primarily in an area in which neither the authority nor a supplier
1-22 has or can reasonably be expected to establish a central refueling
1-23 station for alternative fuel;
1-24 (2) the authority is unable to acquire or be provided
2-1 equipment or refueling facilities necessary to operate vehicles
2-2 using alternative fuels at a projected cost that is reasonably
2-3 expected to result in no greater net cost than the continued use of
2-4 conventional gasoline or diesel fuel measured over the expected
2-5 useful life of the equipment or facilities supplied; or
2-6 (3) the authority is unable to acquire or be provided
2-7 vehicles certified as low-emission vehicles (LEV) that meet the
2-8 normal requirements of the authority due to unavailability for
2-9 purchase from an original equipment manufacturer or as a
2-10 conversion.
2-11 (d) The Texas Natural Resource Conservation Commission shall
2-12 adopt rules for the certification process under Subsection (b),
2-13 including requirements that the authority:
2-14 (1) hold a public hearing; and
2-15 (2) propose an alternative implementation schedule for
2-16 meeting the percentages provided by Section 452.2515 before
2-17 applying to the commission for a waiver or reduction of those
2-18 percentage requirements.
2-19 SECTION 2. This Act takes effect September 1, 2001.