| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to rules of the Texas Commission on Environmental Quality |
|
|
related to motor vehicle idling. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 382.0191, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 382.0191. [IDLING OF] MOTOR VEHICLE IDLING; OFFENSE |
|
|
[WHILE USING SLEEPER BERTH]. (a) In this section, "idling" means |
|
|
allowing an engine to run while the motor vehicle is not engaged in |
|
|
forward or reverse motion. |
|
|
(b) A rule adopted by the commission under Section 382.019 |
|
|
that limits or prohibits the idling of motor vehicles: |
|
|
(1) [The commission] may not prohibit or limit the |
|
|
idling of a motor vehicle 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; |
|
|
(2) must apply only to vehicles with a gross vehicle |
|
|
weight rating of 6,000 pounds or more; and |
|
|
(3) must be enforced year-round. |
|
|
(b-1) For the purposes of Subsection (b)(1), |
|
|
idling [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. |
|
|
(c) No driver using the vehicle's sleeper berth may idle the |
|
|
vehicle in a residential area as defined by Section 244.001, Local |
|
|
Government Code, or in a school zone or within 1,000 feet of a |
|
|
hospital or a public school during its hours of operation. An |
|
|
offense under this subsection shall be punishable by a fine not to |
|
|
exceed $500. |
|
|
[(d) This section expires September 1, 2009.] |
|
|
SECTION 2. The Texas Commission on Environmental Quality |
|
|
shall adopt rules that comply with Section 382.0191, Health and |
|
|
Safety Code, as amended by this Act, not later than January 1, 2010. |
|
|
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, 2009. |