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By:  Jackson                                                      S.B. No. 473
	(In the Senate - Filed February 11, 2005; February 22, 2005, 
read first time and referred to Committee on Natural Resources; 
March 21, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 7, Nays 0; March 21, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 473                                    By:  Jackson


A BILL TO BE ENTITLED

AN ACT


relating to a prohibition on the regulation of emissions from 
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.  PROHIBITION ON 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 (MMBtu/hr) or less.
	(b)  The commission may not adopt or enforce a rule, 
determination, or order that relates to emissions from residential 
water heaters.
	(c)  Any emissions 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 
emissions 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.



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