| 1 | 1 | | 81R7148 JTS-D |
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| 2 | 2 | | By: Kent H.B. No. 1920 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to rules of the Texas Commission on Environmental Quality |
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| 8 | 8 | | related to motor vehicle idling. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 382.0191, Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 382.0191. [IDLING OF] MOTOR VEHICLE IDLING; OFFENSE |
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| 13 | 13 | | [WHILE USING SLEEPER BERTH]. (a) In this section, "idling" means |
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| 14 | 14 | | allowing an engine to run while the motor vehicle is not engaged in |
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| 15 | 15 | | forward or reverse motion. |
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| 16 | 16 | | (b) A rule adopted by the commission under Section 382.019 |
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| 17 | 17 | | that limits or prohibits the idling of motor vehicles: |
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| 18 | 18 | | (1) [The commission] may not prohibit or limit the |
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| 19 | 19 | | idling of a motor vehicle when idling is necessary to power a heater |
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| 20 | 20 | | or air conditioner while a driver is using the vehicle's sleeper |
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| 21 | 21 | | berth for a government-mandated rest period; |
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| 22 | 22 | | (2) must apply only to vehicles with a gross vehicle |
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| 23 | 23 | | weight rating of 6,000 pounds or more; and |
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| 24 | 24 | | (3) must be enforced year-round. |
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| 25 | 25 | | (b-1) For the purposes of Subsection (b)(1), |
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| 26 | 26 | | idling [Idling] is not necessary to power a heater or air |
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| 27 | 27 | | conditioner if the vehicle is within two miles of a facility |
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| 28 | 28 | | offering external heating and air conditioning connections at a |
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| 29 | 29 | | time when those connections are available. |
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| 30 | 30 | | (c) No driver using the vehicle's sleeper berth may idle the |
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| 31 | 31 | | vehicle in a residential area as defined by Section 244.001, Local |
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| 32 | 32 | | Government Code, or in a school zone or within 1,000 feet of a |
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| 33 | 33 | | hospital or a public school during its hours of operation. An |
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| 34 | 34 | | offense under this subsection shall be punishable by a fine not to |
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| 35 | 35 | | exceed $500. |
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| 36 | 36 | | [(d) This section expires September 1, 2009.] |
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| 37 | 37 | | SECTION 2. The Texas Commission on Environmental Quality |
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| 38 | 38 | | shall adopt rules that comply with Section 382.0191, Health and |
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| 39 | 39 | | Safety Code, as amended by this Act, not later than January 1, 2010. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2009. |
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