H.B. 37 78(3)    BILL ANALYSIS


H.B. 37
By: Bonnen
Environmental Regulation
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

HB 1365 from the 78th session provided funding for the Texas Emissions
Reduction Plan.  The bill 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 HB 1365 only granted this authority to the "affected
counties".  This term could only be interpreted to apply only the
near-nonattainment counties and excluded the nonattainment counties.  HB
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. 

Additionally, the Texas Council on Environmental Technology had its
functions transferred to the Texas Commission on Environmental Quality
during the 78th session.  HB 37 will do away with the agency all together. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

ANALYSIS

HB 37 adds cleans up TERP language that was inadvertently left out of HB
1365.  It adds "nonattainment" areas to the areas in which vendors can get
preference on contracts if they have cleaner burning equipment that meet
certain state and federal standards. 

It also amends the Health and Safety Code by transferring all of the
duties of the Texas Council on Environmental Technology over to the Texas
Commission on Environmental Quality.   

EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive the vote necessary
for immediate effect, this Act takes effect December 1, 2003.