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


Office of House Bill AnalysisC.S.H.B. 3205
By: Jones, Jesse
Environmental Regulation
5/4/2001
Committee Report (Substituted)



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. C.S.H.B. 3205 provides that an authority must submit a
certification of facts and supporting evidence to TNRCC to have the
authority to make exceptions to requirements of the alternative fuel use
program. 

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. 

ANALYSIS

C.S.H.B. 3205 amends the Transportation Code to provide that as a condition
of the authority of a regional transportation authority (authority) to make
exceptions to requirements of the alternative fuel use program, the
authority must submit a certification of facts and supporting evidence to
the Texas Natural Resource Conservation Commission (TNRCC).  The bill
requires TNRCC to comment on the certification and evidence submitted by
the board of the authority and to make the comments, certification, and
supporting evidence available to the public at any reasonable time. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3205 amends the original to remove the rulemaking authority of the
Texas Natural Resource Conservation Commission (TNRCC) to adopt rules
relating to the certification process of the exemption from the
requirements of the alternative fuel use program.  The substitute also
removes the authorization of TNRCC to make exemptions, waive requirements,
or reduce percentage requirements under the alternative fuel use program
for a regional transportation authority (authority) consisting of one
subregion which contains a municipality with a population of more than
800,000.  The substitute provides that a board must submit a certification
of facts and supporting evidence to TNRCC for the authority to make an
exemption to the requirements of the alternative fuel use program and
requires TNRCC to comment on the certification and evidence.