H.B. No. 965




AN ACT

relating to the regulation of emissions from certain residential 
water heaters.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 382, Health and Safety 
Code, is amended by adding Section 382.0275 to read as follows:
	Sec. 382.0275.  COMMISSION ACTION RELATING TO RESIDENTIAL 
WATER HEATERS.  (a)  In this section, "residential water heater" 
means a water heater that:
		(1)  is designed primarily for residential use; and                    
		(2)  has a maximum rated capacity of 75,000 British 
thermal units per hour (Btu/hr) or less.
	(b)  The commission shall direct the executive director to 
perform a study, to be completed by December 31, 2005, regarding the 
technical and economic feasibility of regulating residential water 
heaters.  If the executive director's study shows that regulation 
of residential water heaters is technically or economically 
infeasible, the executive director shall recommend to the 
commission that the rules concerning water heaters be repealed not 
later than December 31, 2006, and shall propose emission reductions 
to offset the loss of state implementation plan credits from the 
rules.  The commission shall provide notice of and hold a public 
hearing on the study.
	(c)  Any emission reductions related to residential gas 
water heaters that the commission does not adopt because of 
Subsection (b) shall be replaced by a requirement that will obtain 
emission reductions from the same category.
	SECTION 2.  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 September 1, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 965 was passed by the House on March 
31, 2005, by the following vote:  Yeas 143, Nays 1, 2 present not 
voting; and that the House concurred in Senate amendments to H.B. 
No. 965 on May 4, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 965 was passed by the Senate, with 
amendments, on May 2, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor