By: Hochberg (Senate Sponsor - Zaffirini) H.B. No. 3457
         (In the Senate - Received from the House May 9, 2007;
  May 10, 2007, read first time and referred to Committee on
  Education; May 16, 2007, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 0;
  May 16, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3457 By:  Zaffirini
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to idling the diesel engine of a school bus while the bus
  is parked at a public school or school event.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 34, Education Code, is amended by adding
  Section 34.0041 to read as follows:
         Sec. 34.0041.  IDLING BUS DIESEL ENGINE AT SCHOOL OR SCHOOL
  EVENT PROHIBITED. (a) In this section, "idling" means allowing an
  engine to run while the motor vehicle is not engaged in forward or
  reverse motion.
         (b)  Except as provided by Subsection (c), the driver of a
  school bus equipped with a diesel engine may not allow the idling of
  the bus engine while the bus is parked at a school or school event.
         (c)  Subsection (b) does not prohibit the idling of a school
  bus diesel engine:
               (1)  for the minimum time necessary to heat or cool the
  bus before departure, provided that the engine is turned off when a
  student is embarking or disembarking; or
               (2)  as necessary to accommodate the physical needs of
  a student who receives special education services, regardless of
  whether students are embarking or disembarking.
         SECTION 2.  Section 34.0041, Education Code, as added by
  this Act, applies beginning with the 2007-2008 school year.
         SECTION 3.  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, 2007.
 
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