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SENATE CONCURRENT RESOLUTION
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WHEREAS, Senate Bill No. 1727 has been adopted by the house of |
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representatives and the senate; and |
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WHEREAS, The bill contains technical errors that should be |
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corrected; now, therefore, be it |
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RESOLVED by the 83rd Legislature of the State of Texas, That |
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the enrolling clerk of the senate be instructed to make the |
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following corrections: |
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(1) In the SECTION of the bill that amends Section 386.104, |
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Health and Safety Code, in added Subsection (f-1) of the section as |
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amended on third reading by Floor Amendment No. 1 by Isaac, strike |
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"the conversion of heavy-duty diesel on-road vehicle engines or |
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stationary engines" and substitute "the conversion of heavy-duty |
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diesel on-road vehicle engines or non-road engines". |
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(2) Strike the SECTION of the bill that amends Section |
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386.158, Health and Safety Code, and substitute the following |
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appropriately numbered SECTION: |
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SECTION ____. Sections 386.158(a) and (c), Health and |
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Safety Code, are amended to read as follows: |
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(a) A person who purchases or leases a new light-duty motor |
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vehicle described by Section 386.153 and [that has been] listed |
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under Section 386.156(a) [386.155] is eligible to apply for an |
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incentive under this subchapter. |
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(c) To receive money under an incentive program provided by |
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this subchapter, the purchaser or lessee of a new light-duty motor |
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vehicle who is eligible to apply for an incentive under this |
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subchapter shall apply for the incentive in the manner provided by |
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law or by rule of the commission [comptroller]. |
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(3) Add the following appropriately numbered SECTIONS to |
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the bill: |
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SECTION ____. Section 386.058(b), Health and Safety Code, |
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is amended to read as follows: |
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(b) The governor shall appoint to the advisory board: |
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(1) a representative of the trucking industry; |
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(2) a representative of the air conditioning |
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manufacturing industry; |
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(3) a representative of the electric utility industry; |
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(4) a representative of regional transportation; and |
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(5) a representative of the nonprofit organization |
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described by Section 387.002 [386.252(a)(2)]. |
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SECTION ____. Section 386.160, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 386.160. COMMISSION [COMPTROLLER] TO ACCOUNT FOR MOTOR |
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VEHICLE PURCHASE OR LEASE INCENTIVES. (a) The commission |
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[comptroller] by rule shall develop a method to administer and |
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account for the motor vehicle purchase or lease incentives |
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authorized by this subchapter and to pay incentive money to the |
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purchaser or lessee of a new motor vehicle, on application of the |
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purchaser or lessee as provided by this subchapter. |
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(b) The commission [comptroller] shall develop and publish |
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forms and instructions for the purchaser or lessee of a new motor |
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vehicle to use in applying to the commission [comptroller] for an |
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incentive payment under this subchapter. The commission |
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[comptroller] shall make the forms available to new motor vehicle |
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dealers and leasing agents. Dealers and leasing agents shall make |
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the forms available to their prospective purchasers or lessees. |
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(c) In addition to other forms developed and published under |
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this section, the commission [comptroller] shall develop and |
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publish a verification form by which, with information provided by |
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the dealer or leasing agent, the commission [comptroller] can |
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verify the sale of a vehicle covered by this subchapter. The |
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verification form shall include at least the name of the purchaser, |
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the vehicle identification number of the vehicle involved, the date |
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of the purchase, and the name of the new motor dealer or leasing |
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agent involved in the transaction. At the time of sale or lease of a |
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vehicle eligible for an incentive under this subchapter, the dealer |
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or leasing agent shall complete the verification form supplied to |
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the dealer by the commission [comptroller]. The purchaser or |
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lessee shall include the completed verification form as part of the |
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purchaser's application for an incentive. The dealer shall |
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maintain a copy of the completed verification form for at least two |
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years from the date of the transaction. |
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SECTION ____. The heading to Section 386.161, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 386.161. [REPORT TO COMMISSION;] SUSPENSION OF |
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PURCHASE OR LEASE INCENTIVES. |
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SECTION ____. Sections 386.161(b), (c), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(b) If the balance available for motor vehicle purchase or |
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lease incentives falls below 15 percent of the total allocated for |
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the incentives during that fiscal year, the commission |
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[comptroller] by order shall suspend the incentives until the date |
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the comptroller can certify that the balance available in the fund |
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for incentives is an amount adequate to resume the incentives or the |
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beginning of the next fiscal year, whichever is earlier. If the |
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commission [comptroller] suspends the incentives, the commission |
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[comptroller] shall immediately notify [the commission and] all new |
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motor vehicle dealers and leasing agents that the incentives have |
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been suspended. |
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(c) The commission [comptroller] shall establish a |
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toll-free telephone number available to motor vehicle dealers and |
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leasing agents for the dealers and agents to call to verify that |
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incentives are available. The commission [comptroller] may provide |
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for issuing verification numbers over the telephone line. |
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(d) Reliance by a dealer or leasing agent on information |
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provided by the [comptroller or] commission is a complete defense |
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to an action involving or based on eligibility of a vehicle for an |
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incentive or availability of vehicles eligible for an incentive. |
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(4) In the SECTION of the bill repealing provisions of the |
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law, add the following appropriately numbered subdivision and |
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renumber the subsequent subdivisions of the SECTION accordingly: |
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(__) Section 386.161(a), Health and Safety Code; |
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(5) Renumber the SECTIONS of the bill accordingly. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.C.R. No. 41 was adopted by the Senate |
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on May 26, 2013, by the following vote: Yeas 30, Nays 0, one |
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present not voting. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.C.R. No. 41 was adopted by the House |
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on May 27, 2013, by the following vote: Yeas 137, Nays 11, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |