Texas 2009 - 81st Regular

Texas House Bill HB3317 Compare Versions

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Old	New	Differences
1	1	81R25395 JAM-D
2	2	By: Chisum H.B. No. 3317
3	3	Substitute the following for H.B. No. 3317:
4	4	By: Chisum C.S.H.B. No. 3317
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the idling of motor vehicles.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 382.0191, Health and Safety Code, is
12	12	amended by amending Subsection (b) and adding Subsection (b-1) to
13	13	read as follows:
14	14	(b) Except as provided by Subsection (c), the [The]
15	15	commission may not prohibit or limit the idling of any [a] motor
16	16	vehicle with a gross vehicle weight rating greater than 8,500
17	17	pounds that is equipped with a 2008 or subsequent model year
18	18	heavy-duty diesel engine that has been certified by the United
19	19	States Environmental Protection Agency or another state
20	20	environmental agency to emit no more than 30 grams of nitrogen
21	21	oxides per hour when idling [is necessary to power a heater or air
22	22	conditioner while a driver is using the vehicle's sleeper berth for
23	23	a government-mandated rest period. Idling is not necessary to
24	24	power a heater or air conditioner if the vehicle is within two miles
25	25	of a facility offering external heating and air conditioning
26	26	connections at a time when those connections are available].
27	27	(b-1) Notwithstanding any provision to the contrary, a
28	28	vehicle is not subject to idling restrictions if the primary
29	29	propulsion engine is being used to power a mechanical operation
30	30	used to perform essential functions related to electric utility
31	31	construction or maintenance.
32	32	SECTION 2. Subchapter Z, Chapter 622, Transportation Code,
33	33	is amended by adding Section 622.955 to read as follows:
34	34	Sec. 622.955. INCREASE OF MAXIMUM WEIGHT FOR VEHICLES WITH
35	35	IDLE REDUCTION SYSTEMS. (a) For purposes of this section, "idle
36	36	reduction system" means a system that provides heating, cooling, or
37	37	electrical service to a commercial vehicle's sleeper berth for the
38	38	purpose of reducing the idling of a motor vehicle.
39	39	(b) Notwithstanding any provision to the contrary, the
40	40	maximum gross vehicle weight limit and axle weight limit for any
41	41	vehicle or combination of vehicles equipped with an idle reduction
42	42	system shall be increased by an amount necessary to compensate for
43	43	the additional weight of the idle reduction system.
44	44	(c) The weight increase under Subsection (b) may not be
45	45	greater than 400 pounds.
46	46	(d) On request by an appropriate law enforcement officer or
47	47	an official of an appropriate regulatory agency, the vehicle
48	48	operator shall provide proof that:
49	49	(1) the idle reduction technology is fully functional
50	50	at all times; and
51	51	(2) the weight increase is not used for any purpose
52	52	other than the use of an idle reduction system.
53	53	SECTION 3. Section 382.0191(d), Health and Safety Code, is
54	54	repealed.
55	55	SECTION 4. (a) Except as provided by Subsection (b) of this
56	56	section, this Act takes effect August 31, 2009.
57	57	(b) Section 382.0191(b), Health and Safety Code, as amended
58	58	by this Act, takes effect November 1, 2010.