81R25395 JAM-D
By: Chisum H.B. No. 3317
Substitute the following for H.B. No. 3317:
By: Chisum C.S.H.B. No. 3317
A BILL TO BE ENTITLED
AN ACT
relating to the idling of motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0191, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (c), the [The]
commission may not prohibit or limit the idling of any [a] motor
vehicle with a gross vehicle weight rating greater than 8,500
pounds that is equipped with a 2008 or subsequent model year
heavy-duty diesel engine that has been certified by the United
States Environmental Protection Agency or another state
environmental agency to emit no more than 30 grams of nitrogen
oxides per hour 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. 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].
(b-1) Notwithstanding any provision to the contrary, a
vehicle is not subject to idling restrictions if the primary
propulsion engine is being used to power a mechanical operation
used to perform essential functions related to electric utility
construction or maintenance.
SECTION 2. Subchapter Z, Chapter 622, Transportation Code,
is amended by adding Section 622.955 to read as follows:
Sec. 622.955. INCREASE OF MAXIMUM WEIGHT FOR VEHICLES WITH
IDLE REDUCTION SYSTEMS. (a) For purposes of this section, "idle
reduction system" means a system that provides heating, cooling, or
electrical service to a commercial vehicle's sleeper berth for the
purpose of reducing the idling of a motor vehicle.
(b) Notwithstanding any provision to the contrary, the
maximum gross vehicle weight limit and axle weight limit for any
vehicle or combination of vehicles equipped with an idle reduction
system shall be increased by an amount necessary to compensate for
the additional weight of the idle reduction system.
(c) The weight increase under Subsection (b) may not be
greater than 400 pounds.
(d) On request by an appropriate law enforcement officer or
an official of an appropriate regulatory agency, the vehicle
operator shall provide proof that:
(1) the idle reduction technology is fully functional
at all times; and
(2) the weight increase is not used for any purpose
other than the use of an idle reduction system.
SECTION 3. Section 382.0191(d), Health and Safety Code, is
repealed.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect August 31, 2009.
(b) Section 382.0191(b), Health and Safety Code, as amended
by this Act, takes effect November 1, 2010.