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.