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