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Amend CSHB 432 by adding the following appropriately numbered
SECTIONS to the bill and renumbering subsequent SECTIONS of the
bill accordingly:
SECTION __. (a) Subsection (d), Section 382.0191, Health
and Safety Code, is repealed.
(b) Effective November 1, 2010, Subsection (b), Section
382.0191, Health and Safety Code, is amended to read as follows:
(b) Except as provided by Subsection (c), the [The]
commission may not prohibit or limit the idling of any [a] motor
vehicle with a gross vehicle weight rating greater than 8,500
pounds that is equipped with a 2008 or subsequent model year
heavy-duty diesel engine that has been certified by the United
States Environmental Protection Agency or another state
environmental agency to emit no more than 30 grams of nitrogen
oxides emissions per hour when idling [is necessary to power a
heater or air conditioner while a driver is using the vehicle's
sleeper berth for a government-mandated rest period. Idling is not
necessary to power a heater or air conditioner if the vehicle is
within two miles of a facility offering external heating and air
conditioning connections at a time when those connections are
available].
SECTION __. Subchapter Z, Chapter 622, Transportation Code,
is amended by adding Section 622.955 to read as follows:
Sec. 622.955. INCREASE OF MAXIMUM WEIGHT FOR VEHICLES WITH
IDLE REDUCTION SYSTEMS. (a) For purposes of this section, "idle
reduction system" means a system that provides heating, cooling, or
electrical service to a commercial vehicle's sleeper berth for the
purpose of reducing the idling of a motor vehicle.
(b) Notwithstanding any provision to the contrary, the
maximum gross vehicle weight limit and axle weight limit for any
vehicle or combination of vehicles equipped with an idle reduction
system shall be increased by an amount necessary to compensate for
the additional weight of the idle reduction system.
(c) The weight increase under Subsection (b) may not be
greater than 400 pounds.
(d) On request by an appropriate law enforcement officer or
an official of an appropriate regulatory agency, the vehicle
operator shall provide proof that:
(1) the idle reduction technology is fully functional
at all times; and
(2) the weight increase is not used for any purpose
other than the use of an idle reduction system.
SECTION 3. Except as provided by Subsection (b), Section 1
of this Act, this Act takes effect August 31, 2009.