Suspending limitations on conference
committee jurisdiction, H.B. No. 2793 (Bonnen/Jackson)
By: Jackson S.R. No. 1096
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 79th
Legislature, Regular Session, 2005, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 2793, (relating to the removal and collection of
convenience switches from motor vehicles) to consider and take
action on the following matters:
(1) Senate Rules 12.03(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 Texas
Commission on Environmental Quality to amend program procedures.
(2) Senate Rule 12.03(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) Senate Rule 12.03(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 METAL 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) Senate Rule 12.03(1) is suspended to permit the
committee to change added Subsection (a), Section 375.151,
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) Senate Rule 12.03(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 Texas Commission
on Environmental Quality before the commission is required to
publish its annual implementation report.
(6) Senate Rule 12.03(2) 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) Senate Rule 12.03(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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 29, 2005, by
the following vote: Yeas 31,
Nays 0.
_______________________________
Secretary of the Senate