H.B. No. 432
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 2158.001, Government Code, is amended to
read as follows:
Sec. 2158.001. DEFINITIONS [DEFINITION]. In this
subchapter:
(1) "Conventional [, "conventional] gasoline" means
any gasoline that does not meet specifications set by a
certification under Section 211(k) of the federal Clean Air Act (42
U.S.C. Section 7545(k)).
(2) "Golf cart" has the meaning assigned by Section
502.001, Transportation Code.
(3) "Light-duty motor vehicle" has the meaning
assigned by Section 386.151, Health and Safety Code.
(4) "Motor vehicle" has the meaning assigned by
Section 386.151, Health and Safety Code.
(5) "Neighborhood electric vehicle" means a motor
vehicle that:
(A) is originally manufactured to meet, and does
meet, the equipment requirements and safety standards established
for "low-speed vehicles" in Federal Motor Vehicle Safety Standard
500 (49 C.F.R. Section 571.500);
(B) is a slow-moving vehicle, as defined by
Section 547.001, Transportation Code, that is able to attain a
speed of more than 20 miles per hour but not more than 25 miles per
hour in one mile on a paved, level surface;
(C) is a four-wheeled motor vehicle;
(D) is powered by electricity or alternative
power sources;
(E) has a gross vehicle weight rating of less
than 3,000 pounds; and
(F) is not a golf cart.
(6) "Plug-in hybrid motor vehicle" means a vehicle
that:
(A) draws motive power from a battery with a
capacity of at least four kilowatt-hours;
(B) can be recharged from an external source of
electricity for motive power; and
(C) is a light-duty motor vehicle capable of
operating at highway speeds, excluding golf carts and neighborhood
electric vehicles.
SECTION 2. Subchapter A, Chapter 2158, Government Code, is
amended by adding Section 2158.0013 to read as follows:
Sec. 2158.0013. APPLICABILITY OF SUBCHAPTER. The
purchasing requirements relating to alternatively fueled vehicles
established by this subchapter do not apply if a state agency
demonstrates that the state agency will incur net costs in meeting
the requirements of this subchapter.
SECTION 3. 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, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle. This exception to the wheelbase and
horsepower limitations applies to a state agency regardless of the
size of the agency's vehicle fleet.
SECTION 4. Sections 2158.004(a), (b), (c), and (d),
Government Code, are 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, biodiesel or biodiesel/diesel blends of 20
percent or greater, or electricity, including electricity to power
a plug-in hybrid motor vehicle.
(b) A state agency may 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, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle:
(1) by purchase or lease as authorized by law;
(2) by gift or loan of the equipment or facilities; or
(3) by gift or loan of the equipment or facilities or
by another arrangement under a service contract for the supply 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,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle.
(c) If the equipment or facilities are donated, loaned, or
provided through another arrangement with the supplier 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,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle, the supplier is entitled to recoup its actual cost of
donating, loaning, or providing the equipment or facilities through
its fuel charges under the supply contract.
(d) The commission may waive the requirements of this
section for a state agency on receipt of certification supported by
evidence acceptable to the 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,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle; 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,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle, 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 5. Sections 2158.005, 2158.006, 2158.007, and
2158.008, Government Code, are 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,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle.
(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 Texas Commission on Environmental Quality
[commission] shall collect [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,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle, at affected agencies.
(c) [(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, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle;
(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, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle; and
(4) providing the information reasonably 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, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle.
(d) [(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.
(e) [(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,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle; 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,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle, 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.
Sec. 2158.006. DETERMINATION OF ALTERNATIVE FUELS PROGRAM
PARAMETERS. In developing the 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, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle, the
commission should work with state agency fleet operators, vehicle
manufacturers and converters, fuel distributors, and others to
determine the vehicles to be covered, taking into consideration:
(1) range;
(2) specialty uses;
(3) fuel availability;
(4) vehicle manufacturing and conversion capability;
(5) safety;
(6) resale values; and
(7) other relevant factors.
Sec. 2158.007. COMPLIANCE WITH APPLICABLE SAFETY
STANDARDS. In purchasing, leasing, maintaining, or converting
vehicles for use with 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, biodiesel or biodiesel/diesel blends of 20
percent or greater, or electricity, including electricity to power
a plug-in hybrid motor vehicle, the commission shall comply with
all applicable safety standards adopted by the United States
Department of Transportation and the Railroad Commission of Texas.
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, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle, 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 6. Section 2158.009, Government Code, is amended by
amending Subsection (b) and adding Subsection (d) 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 25 [10] percent of the vehicles the
agency [its vehicle] purchases during any state fiscal biennium,
other than vehicles the purchase of which is exempted from this
subsection by Subsection (c) or (d), 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.
(d) Subsection (b) does not apply to a state agency's
purchase of a vehicle to be used by a peace officer, as defined by
Article 2.12, Code of Criminal Procedure, whose duties include the
apprehension of persons for violation of a criminal law of this
state.
SECTION 7. Section 2158.009(a), Government Code, is
repealed.
SECTION 8. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 432 was passed by the House on April
22, 2009, by the following vote: Yeas 140, Nays 6, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 432 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 432 on May 31, 2009, by the following vote: Yeas 109,
Nays 36, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 432 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 29, Nays
2; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
432 on May 31, 2009, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor