Suspending limitations on conference committee
jurisdiction, H.B. No. 2793 (Bonnen/Jackson)
By: Bonnen H.R. No. 2249
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 79th Legislature, Regular Session, 2005, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill No. 2793, relating to the
removal and collection of convenience switches from motor vehicles,
to consider and take action on the following matters:
(1) House Rule 13, Sections 9(a)(1) and (2) are suspended to
permit the committee to change "375.004" to "375.003" in newly
added Subchapter A of Chapter 375, Health and Safety Code, and to
omit added Section 375.003, Health and Safety Code:
Sec. 375.003. PURPOSE; COMMISSION AUTHORITY TO AMEND
PROCEDURES. (a) It is the purpose of this chapter to establish a
convenience switch recovery program for this state that is
recognized by the United States Environmental Protection Agency as
a method of compliance with regulations promulgated under Section
112 of the federal Clean Air Act (42 U.S.C. Section 7412) to the
extent that the regulations recognize state convenience switch
recovery programs as a method of compliance.
(b) Consistent with the purpose expressed in Subsection
(a), the commission may amend procedures adopted to implement this
chapter to include additional program elements paid for from the
convenience switch recovery account established under Section
375.251 if, after January 1, 2007, the attorney general certifies
that the state will not have a recognized program without
implementing those additional elements based on:
(1) information included in the annual implementation
report required under Section 375.151; and
(2) a final written guidance document or rule,
including a preamble to the guidance document or rule, developed
for Section 112 of the federal Clean Air Act (42 U.S.C. Section
7412) and provided by the United States Environmental Protection
Agency.
Explanation: This change is necessary to eliminate the
purpose statement for the chapter and the authority of the
commission to amend program procedures.
(2) House Rule 13, Section 9(a)(1) is suspended to permit
the committee to change added Section 375.101, Health and Safety
Code to read as follows:
Sec. 375.101. REMOVAL AND MANAGEMENT OF CONVENIENCE
SWITCHES. (a) A vehicle recycler or scrap metal recycling facility
that removes convenience switches from eligible vehicles in
accordance with educational materials received under this chapter
shall be provided regulatory incentives by the commission under
programs implemented pursuant to Section 5.755, Water Code,
including on-site technical assistance and compliance history
classification adjustments.
(b) In order to qualify for the regulatory incentives
provided by this Section, a vehicle recycler or scrap metal
recycling facility must submit a report to the commission by
November 15 of each year documenting:
(1) the number of convenience switches collected
during the prior 12 months; and
(2) the total number of eligible vehicles processed
for recycling during the same time period.
(c) Nothing in this chapter shall be construed to require
scrap metal recycling facilities or vehicle recyclers to remove
convenience switches or maintain records regarding convenience
switches they have not removed, and the commission shall not
promulgate regulations that create such requirements.
Explanation: This change is necessary in order for the
convenience switch recovery program to be implemented as a
voluntary program.
(3) House Rule 13, Section 9(a)(2) is suspended to permit
the committee to omit the following Sections from newly added
Chapter 375, Health and Safety Code that were included in both the
house and senate versions:
Sec. 375.102. VEHICLE RECYCLER AND SCRAP METAL RECYCLING
FACILITY RECORDS. (a) A vehicle recycler or scrap metal recycling
facility that removes convenience switches under Section 375.101
shall maintain records documenting:
(1) the number of convenience switches collected;
(2) the total number of end-of-life vehicles processed
for recycling; and
(3) the number of convenience switches that were
inaccessible because of damage to the end-of-life vehicle.
(b) A vehicle recycler that removes convenience switches
shall note on the inventory receipt for surrendered certificates of
title or other evidence of ownership required to be maintained
under Chapter 2302, Occupations Code, the following additional
information:
(1) whether a vehicle for which title or other
evidence of ownership was surrendered was an eligible vehicle; and
(2) a certification that all identified convenience
switches were recovered and placed in containers specified by the
applicable convenience switch recovery program.
Sec. 375.103. LIMITATION ON DUTIES OF VEHICLE RECYCLER OR
SCRAP RECYCLING FACILITY. (a) The commission may not require a
vehicle recycler or scrap metal recycling facility to undertake any
action beyond the actions reasonably arising from obligations
created under this chapter.
(b) A summary of the records required under Section 375.102
must be reported to the commission by September 1 of each year.
Sec. 375.104. HONEST CONVEYANCE; RECEIPT OF VEHICLE. (a) A
person may not represent that a convenience switch has been removed
from an end-of-life vehicle being conveyed for recycling or other
processing unless that person:
(1) removed the convenience switch; or
(2) has good cause to believe that another person
removed the convenience switch.
(b) A scrap metal recycling facility or other person that
acquires scrap metal, including scrap metal in the form of an
intentionally flattened, crushed, shredded, or baled vehicle, is
not considered to be in violation of this subchapter solely because
a convenience switch is found in the scrap metal after acquisition.
Explanation: This change is necessary to eliminate language
governing recordkeeping requirements and other obligations of
vehicle recyclers and scrap metal recycling facilities and to make
other conforming changes necessary to implement the convenience
switch recovery program as a voluntary program.
(4) House Rule 13, Section 9(a)(1) is suspended to permit
the committee to change added Section 375.151(a), Health and Safety
Code to read as follows:
Sec. 375.151. ANNUAL IMPLEMENTATION REPORT. (a) On or
before December 31 of each year, the commission shall:
(1) publish a report that documents the capture rate
achieved through the implementation of this chapter; and
(2) issue recommendations to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the chair of each standing committee of the legislature with
jurisdiction over environmental issues, which identifies
legislative action that may be appropriate to improve the capture
rate referenced in Subsection (a)(1) while promoting vehicle
recycling and preventing the export of scrap metal from the state.
Explanation: This change is necessary to change the
reporting requirements to reflect the implementation of the
convenience switch recovery program as a voluntary program and the
elimination of the mandatory recordkeeping requirements for
vehicle recyclers and scrap metal recycling facilities.
(5) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change "January" to "November" and "calendar year"
to "12 months" in added Section 375.152, Health and Safety Code.
Explanation: This change is necessary to ensure that the
annual manufacturer's report is provided to the commission before
the commission is required to publish its annual implementation
report.
(6) House Rule 13, Section 9(a)(1) is suspended to permit
the committee to omit the following language from newly added
Chapter 375, Health and Safety Code, that was included in both the
house and senate versions:
SUBCHAPTER E. PENALTIES AND ENFORCEMENT
Sec. 375.201. PENALTIES AND ENFORCEMENT. A person who
violates a provision of this chapter, or a rule or order issued
under this chapter, is subject to the penalty and enforcement
provisions of Chapter 7, Water Code.
Explanation: This change is necessary as a conforming change
to reflect the implementation of the convenience switch recovery
program as a voluntary program.
(7) House Rule 13, Section 9(a)(2) is suspended to permit
the committee to omit the following section of the bill amending
Section 386.252, Health and Safety Code, which was included in both
the house and senate versions:
SECTION 2. Section 386.252, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsection (c), money [Money] in
the fund may be used only to implement and administer programs
established under the plan and shall be allocated as follows:
(1) for the diesel emissions reduction incentive
program, 87.5 percent of the money in the fund, of which not more
than 10 percent may be used for on-road diesel purchase or lease
incentives;
(2) for the new technology research and development
program, 9.5 percent of the money in the fund, of which up to
$250,000 is allocated for administration, up to $200,000 is
allocated for a health effects study, $500,000 is to be deposited in
the state treasury to the credit of the clean air account created
under Section 382.0622 to supplement funding for air quality
planning activities in affected counties, and not less than 20
percent is to be allocated each year to support research related to
air quality for the Houston-Galveston-Brazoria and Dallas-Fort
Worth nonattainment areas by a nonprofit organization based in
Houston; and
(3) for administrative costs incurred by the
commission and the laboratory, three percent.
(c) Except as provided by Section 375.003(b), this
subsection takes effect only if the attorney general certifies that
the United States Environmental Protection Agency has promulgated
final regulations under Section 112 of the federal Clean Air Act (42
U.S.C. Section 7412) that recognize state convenience switch
recovery programs as a method of compliance with those final
regulations and that require an incentive as provided by Section
375.055 for a program's approval by the United States Environmental
Protection Agency. If the attorney general's certification is made
before September 1, 2006, money collected but not appropriated for
any program or activity under Subsection (a) for the fiscal year
beginning September 1, 2005, shall be reallocated to the
convenience switch recovery account established under Section
375.251 on or before the 90th day after the date of the
certification and not later than August 31, 2006, in an amount not
to exceed $24 million. If the attorney general's certification is
made on or after September 1, 2006, or the attorney general's
certification under Section 375.003 is made on or after January 1,
2007, money collected but not appropriated for any program or
activity under Subsection (a) for the fiscal year immediately
preceding the fiscal year in which the certification occurs shall
be reallocated to the convenience switch recovery account
established under Section 375.251 on or before the 90th day after
the date of the certification and not later than August 31 of the
fiscal year in which the certification occurs in an amount not to
exceed $24 million. If after an attorney general's certification
is made, the amount collected and reallocated to the convenience
switch recovery account is less than $24 million, additional
reallocations of money collected in excess of the amounts
appropriated for any program or activity under Subsection (a) to
the convenience switch recovery account shall occur before November
1 of each fiscal year after the fiscal year of the initial
reallocation until the total cumulative amount reallocated equals
$24 million.
Explanation: This change is necessary to eliminate the use
of a portion of the unexpended balance of the Texas emissions
reduction plan fund to fund the convenience switch recovery
program.