By:  Bonnen                                                       H.B. No. 1540



A BILL TO BE ENTITLED

AN ACT

relating to the regulation by the Texas Commission on Environmental 
Quality of the idling of a motor vehicle while the driver is using 
the vehicle's sleeper berth; providing a penalty.
	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 382.0191 to read as follows:
	Sec. 382.0191.  IDLING OF MOTOR VEHICLE WHILE USING SLEEPER 
BERTH.  (a)  In this section, "idling" means allowing an engine to 
run while the motor vehicle is not engaged in forward or reverse 
motion.
	(b)  The commission may not prohibit or limit the idling of a 
motor vehicle when idling is necessary to power a heater or air 
conditioner while a driver is using the vehicle's sleeper berth for 
a government-mandated rest period.
	(c)  No driver using the vehicle's sleeper berth may idle the 
vehicle in a school zone or within 1,000 feet of a public school.  An 
offense under this subsection shall be punishable by a fine not to 
exceed $500.
	(d)  This section expires September 1, 2007.                            
	SECTION 2.  This Act takes effect September 1, 2005.