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  82R4453 JXC-D
 
  By: Carona S.B. No. 399
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a diesel vehicle emissions inspection and maintenance
  program and low-income vehicle repair assistance for diesel
  vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.203(b), Health and Safety Code, is
  amended to read as follows:
         (b)  In addition to a vehicle described by Subsection (a),
  the program applies to:
               (1)  a vehicle with United States governmental plates
  primarily operated in an affected county;
               (2)  a vehicle operated on a federal facility in an
  affected county; [and]
               (3)  a vehicle primarily operated in an affected county
  that is exempt from motor vehicle registration requirements or
  eligible under Chapter 502, Transportation Code, to display an
  "exempt" license plate; and
               (4)  a diesel vehicle that the commission determines
  under Section 382.202(i) should be inspected to minimize emissions.
         SECTION 2.  Section 382.209(i), Health and Safety Code, is
  amended to read as follows:
         (i)  Notwithstanding the vehicle replacement requirements
  provided by Subsection (d)(2), the commission by rule may provide
  monetary or other compensatory assistance under the low-income
  vehicle repair assistance, retrofit, and accelerated vehicle
  retirement program, subject to the availability of funds, for the
  replacement of a vehicle that meets the following criteria:
               (1)  the vehicle is gasoline-powered or diesel-powered
  and is at least 10 years old;
               (2)  the vehicle owner meets applicable financial
  eligibility criteria;
               (3)  the vehicle meets the requirements provided by
  Subsections (e)(1) and (2); and
               (4)  the vehicle has passed a Department of Public
  Safety motor vehicle safety inspection or safety and emissions
  inspection within the 15-month period before the application is
  submitted.
         SECTION 3.  This Act takes effect September 1, 2011.