By Hope H.B. No. 3284
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to purchasing or leasing requirements for mass transit,
1-3 local government, private, and state fleet vehicles.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 382, Health and Safety Code, is amended
1-6 by adding Subchapter G to read as follows:
1-7 SUBCHAPTER G. TEXAS CLEAN FLEET PROGRAM
1-8 Sec. 382.144. DEFINITIONS. In this subchapter:
1-9 (1) "Affected area" means the following counties:
1-10 Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell,
1-11 Bexar, Bosque, Bowie, Brazoria, Brazos, Burleson, Caldwell,
1-12 Calhoun, Camp, Cass, Chambers, Cherokee, Collin, Colorado, Comal,
1-13 Cooke, Coryell, Dallas, De Witt, Delta, Denton, Ellis, El Paso,
1-14 Falls, Fannin, Fayette, Fort Bend, Franklin, Freestone, Galveston,
1-15 Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hardin,
1-16 Harris, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston,
1-17 Hunt, Jackson, Jasper, Jefferson, Johnson, Karnes, Kaufman, Lamar,
1-18 Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Madison, Marion,
1-19 Matagorda, McLennan, Milam, Montgomery, Morris, Nacogdoches,
1-20 Navarro, Newton, Nueces, Orange, Panola, Parker, Polk, Rains, Red
1-21 River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Jacinto, San
1-22 Patricio, San Augustine, Shelby, Smith, Somervell, Tarrant, Titus,
1-23 Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker,
2-1 Waller, Washington, Wharton, Williamson, Wilson, Wise, and Wood.
2-2 (2) "Annually" means the 12 month period from
2-3 September 1 through August 31.
2-4 (3) "Lease" means the use and control of a vehicle for
2-5 transportation purposes pursuant to a rental contract with a term
2-6 of 120 days or more.
2-7 (4) "Local government" means a school district,
2-8 county, municipality, junior college district, river authority, or
2-9 any other special district, or political subdivision created under
2-10 the state constitution or statutes. The term does not include a
2-11 mass transit authority or a state agency.
2-12 (5) "Mass transit authority" means a transportation or
2-13 transit authority or department established under Chapter 451, 452,
2-14 453, or 457, Transportation Code, that operates a mass transit
2-15 system.
2-16 (6) "State agency" means a board, commission,
2-17 department, office, agency, institution of higher education, or
2-18 other governmental entity in the executive, judicial, or
2-19 legislative branch of state government.
2-20 (7) "Vehicle" means a self-propelled device designed
2-21 for transporting persons or property on a public highway that is
2-22 required to be registered under Chapter 502, Transportation Code,
2-23 and that has a gross vehicle weight rating of 10,000 pounds or
2-24 less. The term does not include:
2-25 (A) a law enforcement or emergency vehicle;
2-26 (B) a vehicle used in the maintenance or repair
3-1 of underground mass transit facilities that is required by federal
3-2 law to operate on diesel fuel;
3-3 (C) a vehicle used for vehicle manufacturer
3-4 product evaluations or tests, including but not limited to vehicles
3-5 owned or held by a university research department, independent
3-6 testing laboratory, state agency, or other evaluation facility
3-7 whose primary purpose is to evaluate performance of vehicles for
3-8 engineering, research, and development or quality control reasons;
3-9 or
3-10 (D) a vehicle held for sale by vehicle dealers,
3-11 including demonstration vehicles.
3-12 Sec. 382.145. APPLICABILITY. (a) This subchapter applies
3-13 only to:
3-14 (1) a state agency that owns, operates, or leases a
3-15 fleet of 15 or more vehicles;
3-16 (2) a local government that owns, operates, or leases
3-17 a fleet of 25 or more vehicles in an affected area;
3-18 (3) a mass transit authority that owns, operates, or
3-19 leases a fleet of 25 or more vehicles in an affected area; or
3-20 (4) any other person not specifically covered under
3-21 this section that owns, operates, or leases a fleet of 25 or more
3-22 vehicles in an affected area.
3-23 Sec. 382.146. PURCHASING AND LEASING REQUIREMENTS. (a) The
3-24 following percentages of vehicles purchased or leased annually, by
3-25 a state agency, mass transit authority, local government, or any
3-26 other person shall not exceed an average of nitrogen oxide
4-1 standards of Bin 3 under 40 C.F.R. Section 86.1811-04 as published
4-2 in the February 10, 2000, Federal Register regarding the Tier II
4-3 exhaust emission standards:
4-4 (1) 25 percent of vehicles purchased or leased on or
4-5 after September 1, 2003;
4-6 (2) 50 percent of vehicles purchased or leased on or
4-7 after September 1, 2004;
4-8 (3) 65 percent of vehicles purchased or leased on or
4-9 after September 1, 2005;
4-10 (4) 80 percent of vehicles purchased or leased after
4-11 on or after September 1, 2006;
4-12 (5) 90 percent of vehicles purchased or leased on or
4-13 after September 1, 2007; and
4-14 (6) 100 percent of vehicles purchased or leased on or
4-15 after September 1, 2008.
4-16 (b) The commission may waive the requirements of this
4-17 section or reduce the percentage requirements of this section if a
4-18 state agency, local government, mass transit authority, or any
4-19 other person, demonstrates by evidence acceptable to the commission
4-20 that vehicles that meet the specific federal nitrogen oxide
4-21 standard under Section 382.146(a) are not available for purchase or
4-22 lease in the state.
4-23 Sec. 382.147. ADOPTION OF RULES. The commission shall adopt
4-24 rules to implement this subchapter.
4-25 Sec. 382.148. REPORTING REQUIREMENTS. The commission, by
4-26 rule, shall require state agencies, mass transit authorities, local
5-1 governments, or any other persons to maintain records and submit
5-2 reports to demonstrate compliance with this subchapter.
5-3 Sec. 382.149. REPORT REQUIRED. The commission shall examine
5-4 the feasibility and effectiveness of purchasing or leasing
5-5 requirements for compression ignition and spark ignition vehicles
5-6 which have a gross vehicle weight rating of more than 10,000
5-7 pounds. The commission shall report findings and recommendations
5-8 to the legislature by December 1, 2002.
5-9 Section 382.150. RELATIONSHIP TO OTHER LAW. Nothing in this
5-10 subchapter shall be construed to require the purchase or lease of a
5-11 vehicle in violation of the Alternative Fuel Transportation Program
5-12 under the Energy Policy Act of 1992 (Pub. L. No. 102-486) or any
5-13 other applicable federal or state laws.
5-14 SECTION 2. Effective September 1, 2003, Section 2171.103(b),
5-15 Government Code, is amended as follows:
5-16 (b) The office may:
5-17 (1) establish centralized refueling stations
5-18 throughout the state;
5-19 (2) operate regional conversion and repair facilities;
5-20 and
5-21 (3) provide all services and support necessary to
5-22 expedite the use of compressed natural gas or other alternative
5-23 fuels by state agencies. [as required by Subchapter A, Chapter
5-24 2158.]
5-25 SECTION 3. Effective September 1, 2003, Section
5-26 5.178(b)(2)(A), Water Code, is amended as follows:
6-1 (A) the assessments and reports required by
6-2 Sections 361.0219(c), 361.0232, 361.485, 361.510, and 37.063[, and
6-3 382.141], Health and Safety Code.
6-4 SECTION 4. Effective September 1, 2003, Section 1232.104(a),
6-5 Government Code, is amended as follows:
6-6 (a) If the authority determines that a project is
6-7 financially viable and sufficient revenue is or will be available,
6-8 the authority may issue and sell obligations the proceeds of which
6-9 shall be used for the financing of:
6-10 [(1) the conversion of state agency vehicles and other
6-11 sources of substantial energy output to an alternative fuel under
6-12 Subchapter A, Chapter 2158;]
6-13 (1) [(2)] the construction, acquisition, or
6-14 maintenance by the commission of fueling stations supplying
6-15 alternative fuels or equipment enhancing the use of engine-driven
6-16 technology to support state agency vehicles and other energy
6-17 applications that use an alternative fuel;
6-18 (2) [(3)] the conversion of school district motor
6-19 vehicles and other sources of substantial energy output to an
6-20 alternative fuel;
6-21 (3) [(4)] the construction, acquisition, or
6-22 maintenance by a school district of fueling stations supplying
6-23 alternative fuels or equipment enhancing the use of engine-driven
6-24 technology to support school district motor vehicles and other
6-25 energy applications that use an alternative fuel;
6-26 (4) [(5)] [the conversion of local mass transit
7-1 authority or department motor vehicles and other sources of
7-2 substantial energy output to an alternative fuel under Chapters
7-3 451, 452, and 453, Transportation Code;]
7-4 (5) [(6)] the construction, acquisition, or
7-5 maintenance of fueling stations supplying alternative fuels or
7-6 equipment enhancing the use of engine-driven technology by a local
7-7 mass transit authority or department to support transit authority
7-8 or department vehicles and other energy applications that use an
7-9 alternative fuel;
7-10 (6) [(7)] [the conversion of motor vehicles and other
7-11 sources of substantial energy output of a local government, as
7-12 defined by Section 382.003, Health and Safety Code, to an
7-13 alternative fuel under Section 382.134, Health and Safety Code;]
7-14 (7) [(8)] the conversion of motor vehicles and other
7-15 sources of substantial energy output of a hospital district or
7-16 authority, a housing authority, or a district or authority created
7-17 under Section 52, Article III, Texas Constitution, or Section 59,
7-18 Article XVI, Texas Constitution, to an alternative fuel;
7-19 (8) [(9)] the construction, acquisition, or
7-20 maintenance of fueling stations supplying alternative fuels or
7-21 equipment enhancing the use of engine-driven technology to support
7-22 motor vehicles and other energy applications that use an
7-23 alternative fuel by a county, a municipality, or an entity
7-24 described by Subdivision (7) [(8)]; or
7-25 (9) [(10)] a joint venture between the private sector
7-26 and a state agency or political subdivision that is required under
8-1 law to use an alternative fuel in the agency's or subdivision's
8-2 vehicles or other energy applications to:
8-3 (A) convert vehicles or other sources of
8-4 substantial energy output to an alternative fuel;
8-5 (B) develop fueling stations and resources for
8-6 the supply of alternative fuels and engine-driven applications;
8-7 (C) aid in the distribution of alternative
8-8 fuels; and
8-9 (D) engage in other projects to facilitate the
8-10 use of alternative fuels.
8-11 SECTION 5. REPEALER. Effective September 1, 2003, the
8-12 following laws are repealed:
8-13 (1) Subchapter F, Chapter 382, Health and Safety Code;
8-14 (2) Subchapter A, Chapter 2158, Texas Government Code;
8-15 (3) Subchapter G, Chapter 451, Texas Transportation
8-16 Code;
8-17 (4) Subchapter F, Chapter 452, Texas Transportation
8-18 Code;
8-19 (5) Subchapter F, Chapter 453, Texas Transportation
8-20 Code; and
8-21 (6) Subchapter E, Chapter 457, Texas Transportation
8-22 Code.
8-23 SECTION 6. Except as otherwise provided, this Act takes
8-24 effect September 1, 2001. Sections 2, 3, 4, and 5 take effect
8-25 September 1, 2003.