BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1235

                                                                                                                                           By: Driver

                                                                                                                  Environmental Regulation

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Under current federal law, commercial motor vehicle drivers are required to take periodic rest breaks. When a driver is in the sleeper berth of a truck, powering the air conditioner or heater might require that the engine be left idling.  Any restrictions placed on engine idling, and consequently on use of air conditioning or heating, would interfere with the federally mandated rest periods and the flow of goods across the state.  As proposed, House Bill 1235 extends until September 1, 2009, current law that prohibits the Texas Commission on Environmental Quality (TCEQ) from limiting idling when it is necessary to power a heater or air conditioner during a government-mandated rest period.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

ANALYSIS

 

The bill changes the expiration date of Sec. 382.0191, Health and Safety Code, from September 1, 2007, to September 1, 2009. 

 

EFFECTIVE DATE

 

This Act takes effect immediately if it receives a vote of two-thirds of all 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, 2007.