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A BILL TO BE ENTITLED
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AN ACT
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relating to rules of the Texas Commission on Environmental Quality |
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related to motor vehicle idling. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0191, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.0191. [IDLING OF] MOTOR VEHICLE IDLING; OFFENSE |
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[WHILE USING SLEEPER BERTH]. (a) In this section, "idling" means |
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allowing an engine to run while the motor vehicle is not engaged in |
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forward or reverse motion. |
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(b) A rule adopted by the commission under Section 382.019 |
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that limits or prohibits the idling of motor vehicles: |
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(1) [The commission] may not prohibit or limit the |
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idling of a motor vehicle when idling is necessary to power a heater |
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or air conditioner while a driver is using the vehicle's sleeper |
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berth for a government-mandated rest period; |
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(2) must apply only to vehicles with a gross vehicle |
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weight rating of 6,000 pounds or more; and |
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(3) must be enforced year-round. |
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(b-1) For the purposes of Subsection (b)(1), |
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idling [Idling] is not necessary to power a heater or air |
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conditioner if the vehicle is within two miles of a facility |
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offering external heating and air conditioning connections at a |
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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.] |
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SECTION 2. The Texas Commission on Environmental Quality |
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shall adopt rules that comply with Section 382.0191, Health and |
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Safety Code, as amended by this Act, not later than January 1, 2010. |
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SECTION 3. 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, 2009. |