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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(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) This section expires November 1, 2010 [September 1,
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2009]. |
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SECTION 2. Subchapter B, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0192 to read as follows: |
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Sec. 382.0192. CERTIFICATION FOR OPTIONAL IDLING EMISSION |
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STANDARDS. (a) The commission shall: |
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(1) adopt rules establishing: |
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(A) an optional nitrogen oxide idling emission |
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standard for heavy-duty diesel engines manufactured during or after |
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the 2008 model year; and |
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(B) a certification process for heavy-duty |
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diesel engines that meet the standard established under Paragraph |
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(A), including a method to visually verify that an engine is |
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certified; and |
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(2) certify diesel engines that comply with rules |
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adopted under this section. |
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(b) A diesel engine certified under this section may not be |
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modified or altered unless the modification or alteration has been |
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approved by the commission. |
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(c) Notwithstanding any provision to the contrary, a |
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vehicle is not subject to idling restrictions if the vehicle: |
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(1) is powered by a diesel engine certified: |
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(A) by the commission under this section; or |
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(B) by a state whose certification standards are |
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comparable to the standards developed by the commission under this |
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section, as identified by the commission; and |
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(2) is marked or labeled as being powered by a diesel |
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engine certified as described by Subdivision (1). |
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SECTION 3. 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 4. This Act takes effect August 31, 2009. |