HBA-LJP H.B. 3523 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3523
By: Madden
Environmental Regulation
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Under the federal Clean Air Act, areas with pollution that exceed the
standards of the United States Environmental Protection Agency, including
emission standards of motor vehicles, may be designated as nonattainment
and maintenance areas.  The Clean Air Act requires a state with
nonattainment areas to develop a plan that shows how each area will reduce
emissions of air pollutants.  The consolidation of these plans is the state
implementation plan (SIP).  Current law requires the Texas Natural Resource
Conservation Commission (TNRCC) to establish a motor vehicles' emissions
inspection and maintenance program for the SIP, while the Department of
Public Safety (department) is required to ensure compliance with the
program.  House Bill 3523 requires both the department and TNRCC to develop
comprehensive plans to inspect motor vehicle emissions to ensure compliance
with the standards of SIP and provides for cooperation between the two
agencies. 

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 and the
Texas Natural Resource Conservation Commission in SECTION 1 (Sec. 548.006,
Transportation Code) of this bill. 

ANALYSIS

House Bill 3523 amends the Transportation Code to require the Department of
Public Safety (department) and the Texas Natural Resource Conservation
Commission (TNRCC) to develop separate comprehensive plans to accomplish
inspections of motor vehicles in a manner that is in accordance with the
state implementation plan to meet federal ambient air quality standards.
The bill requires TNRCC to incorporate in its plan any applicable power or
duty of TNRCC under provisions relating to the Texas Clean Air Act. The
bill requires the department and TNRCC to seek and consider any
recommendations of the other agency in the development of the plans. 

The bill requires the department and TNRCC to adopt rules for the
administration of provisions relating to the compulsory inspection of motor
vehicles and authorizes these joint rules to address any power or duty of
either agency.  The bill requires the department and TNRCC to enter into a
memorandum of understanding clarifying to the agencies and the public the
powers and duties of the agencies. 

EFFECTIVE DATE

September 1, 2001.