HBA-EDN H.B. 2134 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2134
By: Chisum
Environmental Regulation
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Federal law requires certain air quality standards and imposes strict
deadlines and penalties for noncompliance.  The Texas Natural Resource
Conservation Commission recently adopted new regulations requiring more
than 90% reductions in auto emissions to comply with federal law.  House
Bill 2134 provides the Texas Natural Resource Conservation Commission and
the Texas Department of Public Safety with expanded authority and
flexibility relating to vehicle emissions testing.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is  expressly delegated to the Department of Public Safety in
SECTION 1 (Sec. 382.203, Health and Safety Code); to the Texas Natural
Resource Conservation Commission in SECTION 1 (Secs. 382.210 and 382.212,
Health and Safety Code); and to the Texas Natural Resource Conservation
Commission, the Texas Department of Transportation, and the Public Safety
Commission in SECTION 1 (Sec. 382.209, Health and Safety Code) of this
bill.   

ANALYSIS

House Bill 2134 amends the Health and Safety and Transportation codes
relating to the regulation of motor vehicle emissions and provides for
certain penalties. 

The bill amends the Health and Safety Code to authorize the Texas Natural
Resource Conservation Commission (TNRCC), by rule, to establish, implement,
and administer a program requiring emissionsrelated inspections of motor
vehicles to be performed at inspection facilities consistent  with the
requirements of the federal Clean Air Act and its subsequent amendments.
TNRCC is required, rather than authorized, to adopt vehicle emissions
inspection and maintenance requirements for counties not subject to a
specific federal requirement.  The bill requires TNRCC to use part of the
fees collected for vehicle emissions-related inspections to fund low-income
and accelerated vehicle retirement programs and to distribute available
funding to participating counties in reasonable proportion to the amount of
fees collected in those counties or regions.  TNRCC is authorized to set
fees at the same rate for each vehicle in a county and to set different
fees for different counties or regions.  The bill provides that the
inspection and maintenance program applies to any gasoline-powered vehicle
that is subject to test-on-resale requirements.  The bill replaces
references to "Dallas, Tarrant, El Paso, or Harris County" with "an
affected county."  The Department of Public Safety (DPS) is authorized, by
rule, to waive program requirements for certain vehicles.  The program does
not apply to a vehicle that is registered but not operated primarily in a
county or group of counties subject to a motor vehicle emissions inspection
program (Secs. 382.202 and 382.203).   

The bill requires TNRCC and DPS to jointly develop a program component for
enforcing vehicle emissions testing and to develop standards by use of
remote or automatic emissions detection and analysis equipment and sets
forth provisions relating to inspection equipment and procedures (Secs.
382.204 and 382.205). 

H.B. 2134 requires TNRCC, the Texas Department of Transportation (TxDOT),
and the Public Safety  Commission, by joint rule, to establish and
authorize the commissioners court of an affected county to implement a
low-income vehicle repair assistance and accelerated vehicle retirement
program.  The bill requires TNRCC to provide funding for vehicle repair
assistance and accelerated vehicle retirement programs with available funds
collected from vehicle-related emissions inspections and requires TNRCC, by
rule to adopt guidelines and establish a local advisory panel to assist a
participating county in such a program.  The bill requires TNRCC, by rule,
to authorize the assignment, transfer, or use of an emissions reduction
credit.  The bill sets forth provisions regarding the administration and
operation of such programs and provides that a person commits a third
degree felony who sells a vehicle with intent to defraud under an
accelerated vehicle retirement program.  The bill authorizes TNRCC, TxDOT,
and the Public Safety Commission to develop incentives for voluntary
participation in a vehicle emissions inspection and maintenance program
(Secs. 382.209-382.216). 

The bill amends the Transportation Code to prohibit a county clerk from
issuing a title receipt, the commission  from issuing a certificate of
title, and a county assessor-collector from registering a motor vehicle
unless proof that the vehicle has passed a vehicle emissions test is
provided.  This prohibition also applies to a vehicle that is being resold
(Secs. 501.0276, 502.1535, and 548.3011).  The bill provides that a person
commits a misdemeanor offense if the person operates, or as an owner
knowingly permits another person to operate a vehicle that emits visible
smoke (Sec. 547.605).  The bill provides that a motor vehicle emissions
inspection and maintenance program may include reregistration-based
enforcement (Sec. 548.301).    

The bill modifies provisions relating to excessive motor vehicle emissions
and sets forth provisions relating to administrative penalties for
violations of motor vehicle emissions standards (Secs.  548.306 and
548.3065).   
            
EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.