HBA-EVB S.B. 845 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 845
By: Carona
Transportation
4/22/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, exclusive authorization for disposal of motor vehicles is
provided to motor vehicle demolishers.  Cities are allowed to dispose of
motor vehicles by sending them to a demolisher only if the abandoned motor
vehicle is totally inoperable.  If a city has possession of an abandoned
vehicle which does not meet qualified emission standards, but is classified
as operable under the law, the city must sell it at auction.  Selling high
emission vehicles at auction runs the risk of putting these vehicles back
on the street, and thus worsening urban air quality. 

According to the North Central Texas Council of Governments, 10 percent of
the vehicles currently running cause 50 percent of vehicle-produced
pollution.  The majority of these high pollution vehicles are 1979 and
older models that do not have efficient combustion technologies developed
since 1985.  In fact, 1970-1979 model vehicles emit 5.6-10.7 more
grams/mile of Volatile Organic Compounds emissions than 1985-1987 model
vehicles.  Even vehicles manufactured after 1979 can cause significant air
pollution from emission systems that have failed.  One way to significantly
decrease vehicle pollution and increase air quality is to reduce the number
of high emission vehicles running on Texas roads.  S.B. 845 grants
municipalities the authority to have abandoned motor vehicles that have no
motor or are otherwise totally inoperable that are more than eight years
old and do not meet current emissions standards demolished. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 683.051, Transportation Code, to authorize a
person to apply to the Texas Department of Transportation (TxDOT) for
authority to dispose of a motor vehicle to a demolisher if the abandoned
vehicle either has no motor or is otherwise totally inoperable or does not
comply with: all applicable air pollution emissions control related
requirements, including having a vehicle inspection certificate affixed to
the vehicle windshield; the vehicle emissions inspection and maintenance
requirements under Chapter 548 (Compulsory Inspection of Vehicles),
Transportation Code; or the state's air quality state implementation plan.  

SECTION 2.  Amends Section 683.054(b), Transportation Code, to make
conforming and nonsubstantive changes. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.