HBA-LJP H.B. 3205 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3205
By: Jones, Jesse
Environmental Regulation
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Current law prohibits a regional transportation authority (authority) under
the alternative fuel program (program) from purchasing or leasing certain
motor vehicles that are not capable of using alternative fuel, except when
the authority certifies certain facts relating to the inability of the
authority to comply with the program.  However, the authority is not
required to submit this certification for approval to the Texas Natural
Resource Conservation Commission (TNRCC) which administers and enforces the
program. House Bill 3205 requires a regional transportation authority that
is eligible for exemption and oversees a principal municipality with a
population of more than 800,000, to submit to TNRCC the certification of
facts to apply for an exemption, waiver, or reduction of requirements under
the program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 452.252, Transportation Code) of this
bill. 

ANALYSIS

House Bill 3205 amends the Transportation Code to authorize the Texas
Natural Resource Conservation Commission (TNRCC) to make exemptions, waive
requirements, or reduce percentage requirements under the alternative fuel
use program for a regional transportation authority (authority) that
oversees a subregional board (board) which governs a municipality with a
population of more than 800,000 if the board submits to TNRCC a
certification of facts with stipulated contents that are supported by
evidence acceptable to TNRCC. 

The bill requires TNRCC to adopt rules relating to the certification
process of the exemption, including requirements that the authority hold a
public hearing and propose an alternative implementation schedule to meet
the required percentages of vehicles using alternative fuel before applying
to TNRCC for a waiver or reduction of those requirements. 

EFFECTIVE DATE

September 1, 2001.