By: Bonnen (Senate Sponsor - Williams) H.B. No. 1540
(In the Senate - Received from the House April 13, 2005;
April 14, 2005, read first time and referred to Committee on
Natural Resources; May 6, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 6, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1540 By: Seliger
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
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.
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