By: Lucio III, Anchia, Strama, Leibowitz, H.B. No. 432
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the acquisition by state agencies of low-emissions
vehicles and vehicles using alternative fuels.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2158.003(a), Government Code, is amended
to read as follows:
(a) A state agency may not purchase or lease a vehicle
designed or used primarily for the transportation of individuals,
including a station wagon, that has a wheelbase longer than 113
inches or that has more than 160 SAE net horsepower. The vehicle
may have a wheelbase of up to 116 inches or SAE net horsepower of up
to 280 if the vehicle will be converted so that it uses [is capable
of using] compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, or electricity. This exception to the wheelbase and
horsepower limitations applies to a state agency regardless of the
size of the agency's vehicle fleet.
SECTION 2. Section 2158.004(a), Government Code, is amended
to read as follows:
(a) A state agency operating a fleet of more than 15
vehicles, excluding law enforcement and emergency vehicles, may not
purchase or lease a motor vehicle unless that vehicle uses [is
capable of using] compressed natural gas, liquefied natural gas,
liquefied petroleum gas, methanol or methanol/gasoline blends of 85
percent or greater, ethanol or ethanol/gasoline blends of 85
percent or greater, or electricity.
SECTION 3. Section 2158.005, Government Code, is amended to
read as follows:
Sec. 2158.005. PERCENTAGE REQUIREMENTS FOR VEHICLES
[CAPABLE OF] USING ALTERNATIVE FUELS[; PROGRAM REVIEW]. (a) Not
later than September 30, 2010 [1, 1996], a state agency that
operates a fleet of more than 15 motor vehicles, excluding law
enforcement and emergency vehicles, shall have a fleet consisting
of vehicles of which at least 50 percent use [are capable of using]
compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater, or
electricity.
(b) [The Texas Natural Resource Conservation Commission
shall review the program established by this subchapter by December
31, 1996. If the Texas Natural Resource Conservation Commission
determines that the program has been effective in reducing total
annual emissions from motor vehicles in the area, then after August
31, 1998, a state agency operating a fleet of more than 15 motor
vehicles shall have a fleet consisting of vehicles of which at least
90 percent are capable of using compressed natural gas, liquefied
natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, or electricity.
[(c) The commission shall support the Texas Natural
Resource Conservation Commission in collecting reasonable
information needed to determine the air quality benefits from use
of compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, or electricity at affected agencies.
[(d)] A state agency in its annual financial report to the
legislature shall report its progress in achieving the percentage
requirements of this section by [itemizing]:
(1) itemizing purchases, leases, and conversions of
motor vehicles; [and]
(2) itemizing usage of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, or electricity;
and
(3) describing the availability of compressed natural
gas, liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, or electricity.
(c) [(e)] A state agency may meet the percentage
requirements of this section through purchase of new vehicles or
the conversion of existing vehicles, in accordance with federal and
state requirements and applicable safety laws. The Texas State
Technical College System shall develop a program and provide
training to a state agency converting an existing vehicle to meet
the requirements of this section.
(d) [(f)] The comptroller [commission] may reduce a
percentage specified by this section or waive the requirements of
this section for a state agency on receipt of certification
supported by evidence acceptable to the comptroller [commission]
that:
(1) the agency's vehicles will be operating primarily
in an area in which neither the agency nor a supplier has or can
reasonably be expected to establish adequate refueling for
compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater, or
electricity; or
(2) the agency is unable to obtain equipment or
refueling facilities necessary to operate vehicles using
compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater, or
electricity at a projected cost that is reasonably expected to be no
greater than the net costs of continued use of conventional
gasoline or diesel fuels, measured over the expected useful life of
the equipment or facilities supplied.
SECTION 4. Section 2158.008, Government Code, is amended to
read as follows:
Sec. 2158.008. WHEN VEHICLE CONSIDERED TO BE [CAPABLE OF]
USING ALTERNATIVE FUELS. In this subchapter, a vehicle is
considered to be [capable of] using compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, or electricity if
the vehicle uses [is capable of using] those fuels:
(1) not less than 80 percent of the time the vehicle is
driven; and
(2) either in its original equipment engine or in an
engine that has been converted to use those fuels.
SECTION 5. Section 2158.009(b), Government Code, is amended
to read as follows:
(b) A state agency authorized to purchase passenger
vehicles or other ground transportation vehicles for general use
shall ensure that not less than 20 [10] percent of its vehicle
purchases during any state fiscal biennium are purchases of
vehicles that meet or exceed the emissions standards necessary to
be rated by the United States Environmental Protection Agency as a
Tier II, Bin 3, emissions standard vehicle that has a greenhouse gas
score of eight under regulations of that agency as they existed
September 1, 2007.
SECTION 6. Section 2158.009(a), Government Code, is
repealed.
SECTION 7. This Act takes effect September 1, 2009.