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Amend CSSB 12 (House Committee Printing) in Article 3 of the
bill by inserting the following appropriately numbered SECTIONS and
renumbering subsequent SECTIONS accordingly:
SECTION 3.____. Subtitle C, Title 5, Health and Safety
Code, is amended by adding Chapter 392 to read as follows:
CHAPTER 392. APPLIANCE EFFICIENCY STANDARDS
Sec. 392.001. MINIMUM EFFICIENCY STANDARDS FOR CERTAIN
APPLIANCES. Not later than September 1, 2008, the comptroller, in
consultation with the state energy conservation office, shall adopt
rules establishing minimum efficiency standards for each type of
new product described by Section 392.002(a). The standards adopted
must be the same standards as have been adopted in at least one
other state to reduce energy use.
Sec. 392.002. APPLICABILITY; EXEMPTIONS. (a) This chapter
applies to the following new products sold, offered for sale, or
installed in this state:
(1) bottle-type water dispensers;
(2) commercial hot food holding cabinets;
(3) compact audio products;
(4) DVD players and recorders;
(5) metal halide lamp fixtures;
(6) portable electric spas;
(7) residential pool pumps;
(8) single-voltage external AC to DC power supplies;
and
(9) state-regulated incandescent reflector lamps.
(b) This chapter does not apply to:
(1) a new product manufactured in this state and sold
outside this state;
(2) a new product manufactured outside this state and
sold at wholesale inside this state for final retail sale and
installation outside this state; or
(3) a product installed in a mobile manufactured home
at the time of the home's construction.
Sec. 392.003. PRODUCT COMPLIANCE. (a) A new product
described by Section 392.002(a) may not be sold or offered for sale
in this state unless the efficiency of the new product meets or
exceeds the applicable efficiency standards prescribed by the rules
adopted under this chapter.
(b) On or after the first anniversary of the date the sale or
offering for sale of a new product becomes subject to an efficiency
standard adopted under this chapter, that product may not be
installed for compensation in this state unless the efficiency of
the product meets or exceeds the applicable efficiency standards
prescribed by the rules adopted under this chapter.
Sec. 392.004. PRODUCT CERTIFICATION. (a) Except as
provided by Subsection (c), the manufacturer of a new product
subject to an efficiency standard adopted under this chapter shall
certify in writing to the comptroller that the product is in
compliance with that standard. The comptroller shall accept as an
alternative certification a product's certification to another
state with like standards if that state publishes a database of
compliant products.
(b) The comptroller shall adopt rules governing the
certification of products under this section and shall coordinate
certification by this state with the certification programs of
other states and federal agencies with similar standards.
(c) Subsection (a) does not apply to a manufacturer of
single-voltage external AC to DC power supplies.
Sec. 392.005. COMPLAINTS. The comptroller shall
investigate a complaint received concerning a violation of this
chapter and shall report the results of the investigation to the
attorney general.
Sec. 392.006. ATTORNEY GENERAL ENFORCEMENT. The attorney
general may institute proceedings to enforce this chapter.
Sec. 392.007. VIOLATIONS AND PENALTIES. (a) The
comptroller shall issue a warning to a person for the person's first
violation of this chapter.
(b) A person's second and subsequent violations are subject
to a civil penalty of not more than $250.
(c) Each violation constitutes a separate violation, and
each day that a violation continues constitutes a separate
violation.
Sec. 392.008. RULES FOR IMPLEMENTATION AND ENFORCEMENT.
The comptroller may adopt additional rules necessary to ensure the
proper implementation and enforcement of this chapter.
SECTION 3.____. (a) The efficiency standards prescribed by
rules adopted under Chapter 392, Health and Safety Code, as added by
this article, apply only to the sale or offer of sale of a new
product to which that chapter applies that occurs on or after
January 1, 2009.
(b) Notwithstanding Subsection (a) of this section:
(1) a new residential pool pump that does not meet the
efficiency standards adopted under Chapter 392, Health and Safety
Code, as added by this article, may be sold in this state through
December 31, 2009; and
(2) a new single-voltage external AC to DC power
supply made available by a manufacturer directly to a consumer or to
a service or repair facility after and separate from the original
sale of a product requiring the power supply as a service part or
spare part is not required to meet the standards adopted under
Chapter 392, Health and Safety Code, as added by this article, until
January 1, 2013.