SRC-JGS H.B. 37 78(3)   BILL ANALYSIS


Senate Research Center   H.B. 37
By: Bonnen (Ogden)
Finance
9/17/2003
Engrossed


DIGEST AND PURPOSE 

H.B. 1365, enacted in the 78th Regular Session, provides funding for the
Texas Emissions Reduction Plan.  H.B. 1365 contained a provision intended
to allow state agencies and governmental agencies in areas that are in
nonattainment or near nonattainment in the Clean Air Act to give a limited
preference to a vendor that uses heavy-duty trucks and equipment that meet
or exceed existing state or federal environmental standards. 

The language in H.B. 1365, "affected counties," could be interpreted to
apply only to nearnonattainment counties and to exclude the nonattainment
counties. 

H.B. 37 adds nonattainment counties to the list of counties eligible to
give preference to a vendor that uses heavy-duty trucks and equipment that
meet or exceed existing state or federal environmental standards and
provides that the duties of the Texas Council on Environmental Technology
are transferred to the Texas Commission on Environmental Quality.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2155.451(a), Government Code, as added by
Section 19, Chapter 1331, 78th Legislature, Regular Session to provide
that this section applies only to a contract to be performed, wholly or
partly in a nonattainment area or in an affected county, rather than
solely in an affected county, as those terms are defined by Section
386.001, Health and Safety Code. 

SECTION 2.  Amends Section 271.907(b), Local Government Code, as added by
Section 20, Chapter 1331, 78th Legislature, Regular Session, 2003, to
provide that this section applies only to a contract to be formed, wholly
or partly in a nonattainment area or in an affected county, rather than
solely in an affected county, as those terms are defined by Section
386.001, Health and Safety Code.   

SECTION 3.  Amends Section 386.051(b), Health and Safety Code, to delete
the Texas Council on Environmental Quality as an entity which provides
funding for certain programs. 

SECTION 4.  Amends Section 387.001, Health and Safety Code,  as follows:

          Sec. 387.001.  New heading:  DEFINITIONS. Defines "commission."

SECTION 5.  Amends Section 387.003, Health and Safety Code, as amended by
Chapters 29 and 1331, Acts of the 78th Legislature, Regular Session, 2003,
as follows: 

(a) Requires the Texas Commission on Environmental Quality in consultation
with the Texas Council on Environmental Technology to develop a certain
program previously required to be  developed solely by the council. 
  
  (b) and (c) Make conforming changes.

SECTION 6.  Amends Section 387.004, Health and Safety Code, to make a
conforming change. 

SECTION 7.  Amends Sections 387.005(b) and (c), Health and Safety Code, to
make conforming changes. 

SECTION 8.  Amends Section 387.006(b), Health and Safety Code, to make a
conforming change. 

SECTION 9.  Amends Section 387.007, Health and Safety Code, to make
conforming changes. 

SECTION 10.  Amends Section 387.008(b), Health and Safety Code, to make a
conforming change. 

SECTION 11.  Amends Section 387.009, Health and Safety Code, to make
conforming and nonsubstantive changes.  

SECTION 12.  Amends Section 387.010, Health and Safety Code, to make a
conforming change. 

SECTION 13.  Repealer:  Section 387.002(c), Health and Safety Code
(regarding the location of offices for the Texas Council on Environmental
Technology). 
  
SECTION 14.  Effective date:  upon passage or the 91st day after the end
of the legislative session.