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A BILL TO BE ENTITLED
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AN ACT
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relating to the idling of motor vehicles. |
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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 by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) Except as provided by Subsection (c), the [The] |
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commission may not prohibit or limit the idling of any [a] motor |
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vehicle with a gross vehicle weight rating greater than 8,500 |
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pounds that is equipped with a 2008 or subsequent model year |
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heavy-duty diesel engine that has been certified by the United |
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States Environmental Protection Agency or another state |
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environmental agency to emit no more than 30 grams of nitrogen |
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oxides per hour when idling [is necessary to power a heater or air
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conditioner while a driver is using the vehicle's sleeper berth for
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a government-mandated rest period.
Idling is not necessary to
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power a heater or air conditioner if the vehicle is within two miles
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of a facility offering external heating and air conditioning
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connections at a time when those connections are available]. |
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(b-1) Notwithstanding any provision to the contrary, a |
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vehicle is not subject to idling restrictions if the primary |
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propulsion engine is being used to power a mechanical operation |
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used to perform essential functions related to electric utility |
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construction or maintenance. |
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SECTION 2. Subchapter Z, Chapter 622, Transportation Code, |
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is amended by adding Section 622.955 to read as follows: |
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Sec. 622.955. INCREASE OF MAXIMUM WEIGHT FOR VEHICLES WITH |
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IDLE REDUCTION SYSTEMS. (a) For purposes of this section, "idle |
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reduction system" means a system that provides heating, cooling, or |
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electrical service to a commercial vehicle's sleeper berth for the |
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purpose of reducing the idling of a motor vehicle. |
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(b) Notwithstanding any provision to the contrary, the |
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maximum gross vehicle weight limit and axle weight limit for any |
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vehicle or combination of vehicles equipped with an idle reduction |
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system shall be increased by an amount necessary to compensate for |
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the additional weight of the idle reduction system. |
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(c) The weight increase under Subsection (b) may not be |
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greater than 400 pounds. |
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(d) On request by an appropriate law enforcement officer or |
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an official of an appropriate regulatory agency, the vehicle |
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operator shall provide proof that: |
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(1) the idle reduction technology is fully functional |
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at all times; and |
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(2) the weight increase is not used for any purpose |
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other than the use of an idle reduction system. |
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SECTION 3. Section 382.0191(d), Health and Safety Code, is |
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repealed. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect August 31, 2009. |
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(b) Section 382.0191(b), Health and Safety Code, as amended |
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by this Act, takes effect November 1, 2010. |