H.B. No. 1540




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 
during its hours of operation.  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.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1540 was passed by the House on April 
12, 2005, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 1540 on May 18, 2005, by a non-record 
vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 1540 was passed by the Senate, with 
amendments, on May 16, 2005, by the following vote:  Yeas 29, Nays 
1.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor