80R979 SMH-D

By: Ellis S.B. No. 124

A BILL TO BE ENTITLED

AN ACT

relating to the implementation by the Texas Commission on Environmental Quality of a low-emission vehicle program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Low-Emission Vehicle Act.

SECTION 2. The legislature finds that:

(1) air pollution from motor vehicles is dangerous to the health of the residents of this state;

(2) motor vehicles are a major source of pollution in this state and contribute to the emission of greenhouse gases that cause worldwide climate change; and

(3) technology can significantly reduce dangerous emissions from motor vehicles.

SECTION 3. This A ct is intended to protect the health and safety of the residents of this state.

SECTION 4. Subchapter B, Chapter 382, Health and Safety Code, is amended by adding Section 382.0192 to read as follows:

Sec. 382.0192. LOW-EMISSION VEHICLE PROGRAM. (a) In this section, "Phase II of the California Low-Emission Vehicle program" means the second phase of the low-emission vehicle program being implemented in California pursuant to the provisions of the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) and the California Code of Regulations.

(b) The commission shall implement a low-emission vehicle program that is consistent with Phase II of the California Low-Emission Vehicle program. The program applies only to motor vehicles with a model year of 2009 or later.

(c) The commission shall adopt rules as necessary to implement this section in a manner that maintains consistency with Phase II of the California Low-Emission Vehicle program.

SECTION 5. 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.