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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation by the Texas Commission on Environmental |
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Quality of the idling of a motor vehicle while the driver is using |
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the vehicle's sleeper berth. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 382.0191(b), (c), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(b) The commission may not prohibit or limit the idling of a |
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motor vehicle when idling is necessary to power a heater or air |
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conditioner while a driver is using the vehicle's sleeper berth for |
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a government-mandated rest period. Idling is not necessary to power |
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a heater or air conditioner if the vehicle is within two miles of a |
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facility offering external heating and air conditioning |
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connections at a time when those connections are available. |
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(c) No driver using the vehicle's sleeper berth may idle the |
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vehicle in a residential area as defined by Section 244.001, Local |
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Government Code, or in a school zone or within 1,000 feet of a |
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hospital or a public school during its hours of operation. An |
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offense under this subsection shall be punishable by a fine not to |
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exceed $500. |
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(d) This section expires September 1, 2009 [2007]. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |