Texas 2009 - 81st Regular

Texas House Bill HB650 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3307 JTS-D
2	2	By: Rodriguez H.B. No. 650
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the low-income vehicle repair assistance, retrofit, and
8	8	accelerated vehicle retirement program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 382.201, Health and Safety Code, is
11	11	amended by adding Subdivision (1-a) to read as follows:
12	12	(1-a) "Alternative fuel motor vehicle" means a motor
13	13	vehicle that operates on at least one alternative fuel, including:
14	14	(A) methanol, denatured ethanol, or another
15	15	alcohol, separately or in mixtures of 85 percent or more by volume,
16	16	or another percentage not less than 70 percent, as determined by
17	17	United States Department of Energy rule, with gasoline or other
18	18	fuels;
19	19	(B) compressed natural gas;
20	20	(C) liquefied natural gas;
21	21	(D) liquefied petroleum gas;
22	22	(E) hydrogen; and
23	23	(F) a rechargeable electric energy storage
24	24	system.
25	25	SECTION 2. Sections 382.209(d), (e), (i), and (j), Health
26	26	and Safety Code, are amended to read as follows:
27	27	(d) Subject to the availability of funds, a low-income
28	28	vehicle repair assistance, retrofit, and accelerated vehicle
29	29	retirement program established under this section shall provide
30	30	monetary or other compensatory assistance for:
31	31	(1) repairs directly related to bringing certain
32	32	vehicles that have failed a required emissions test into compliance
33	33	with emissions requirements;
34	34	(2) alternative transportation options, including a
35	35	replacement vehicle, after the retirement of [a replacement vehicle
36	36	or replacement assistance for] a vehicle that has failed a required
37	37	emissions test and for which the cost of repairs needed to bring the
38	38	vehicle into compliance is uneconomical; and
39	39	(3) installing retrofit equipment on vehicles that
40	40	have failed a required emissions test, if practically and
41	41	economically feasible, in lieu of or in combination with repairs
42	42	performed under Subdivision (1). The commission and the Department
43	43	of Public Safety of the State of Texas shall establish standards and
44	44	specifications for retrofit equipment that may be used under this
45	45	section.
46	46	(e) A vehicle is not eligible to participate in a low-income
47	47	vehicle repair assistance, retrofit, and accelerated vehicle
48	48	retirement program established under this section unless:
49	49	(1) the vehicle is capable of being operated;
50	50	(2) the registration of the vehicle:
51	51	(A) is current; and
52	52	(B) reflects that the vehicle has been registered
53	53	in the county implementing the program for the 12 months preceding
54	54	the application for participation in the program;
55	55	(3) the commissioners court of the county
56	56	administering the program determines that the vehicle meets the
57	57	eligibility criteria adopted by the commission, the Texas
58	58	Department of Transportation, and the Public Safety Commission;
59	59	(4) if the vehicle is to be repaired, the repair is
60	60	done by a repair facility recognized by the Department of Public
61	61	Safety, which may be an independent or private entity licensed by
62	62	the state; and
63	63	(5) if the vehicle is to be retired under this
64	64	subsection and Section 382.213, the replacement motor vehicle , if
65	65	any, is a qualifying motor vehicle.
66	66	(i) Notwithstanding the vehicle retirement [replacement]
67	67	requirements provided by Subsection (d)(2), the commission by rule
68	68	may provide monetary or other compensatory assistance under the
69	69	low-income vehicle repair assistance, retrofit, and accelerated
70	70	vehicle retirement program, subject to the availability of funds,
71	71	for the retirement [replacement] of a vehicle that meets the
72	72	following criteria:
73	73	(1) the vehicle is gasoline-powered and is at least 10
74	74	years old;
75	75	(2) the vehicle owner meets applicable financial
76	76	eligibility criteria;
77	77	(3) the vehicle meets the requirements provided by
78	78	Subsections (e)(1) and (2); and
79	79	(4) the vehicle has passed a Department of Public
80	80	Safety motor vehicle safety inspection or safety and emissions
81	81	inspection within the 15-month period before the application is
82	82	submitted.
83	83	(j) The commission may provide monetary or other
84	84	compensatory assistance under the low-income vehicle repair
85	85	assistance, retrofit, and accelerated vehicle retirement program
86	86	for a replacement motor vehicle or replacement assistance for a
87	87	pre-1996 model year replacement motor vehicle that passes the
88	88	required United States Environmental Protection Agency Start-Up
89	89	Acceleration Simulation Mode Standards emissions test but that
90	90	would have failed the United States Environmental Protection Agency
91	91	Final Acceleration Simulation Mode Standards emissions test or
92	92	failed to meet some other criterion determined by the commission;
93	93	provided, however, that a replacement motor vehicle under this
94	94	subsection must be a qualifying motor vehicle.
95	95	SECTION 3. Sections 382.210(a), (b), (d), and (e), Health
96	96	and Safety Code, are amended to read as follows:
97	97	(a) The commission by rule shall adopt guidelines to assist
98	98	a participating county in implementing a low-income vehicle repair
99	99	assistance, retrofit, and accelerated vehicle retirement program
100	100	authorized under Section 382.209. The guidelines at a minimum
101	101	shall recommend:
102	102	(1) a minimum and maximum amount for repair
103	103	assistance;
104	104	(2) a minimum and maximum amount toward the purchase
105	105	price of a replacement motor vehicle qualified for the accelerated
106	106	retirement program, based on vehicle type and model year, with the
107	107	maximum amount not to exceed:
108	108	(A) $3,000 for a replacement motor vehicle [car]
109	109	of the current model year or the previous five [three] model years,
110	110	except as provided by Paragraph (C);
111	111	(B) $3,000 for a replacement truck of the current
112	112	model year or the previous five [two] model years, except as
113	113	provided by Paragraph (C); and
114	114	(C) $3,500 for a replacement alternative fuel
115	115	motor vehicle or hybrid motor vehicle of the current model year or
116	116	the previous five model years [year];
117	117	(2-a) a minimum and maximum amount of assistance, not
118	118	to exceed $3,000, for a person whose vehicle is retired under the
119	119	accelerated retirement program to use for fuel-efficient or
120	120	low-emissions transportation options other than a replacement
121	121	motor vehicle, including:
122	122	(A) a bicycle, electric bicycle, or motor
123	123	scooter; and
124	124	(B) a pass or passes for use on a public transit
125	125	system;
126	126	(3) criteria for determining eligibility, taking into
127	127	account:
128	128	(A) the vehicle owner's income, which may not
129	129	exceed 300 percent of the federal poverty level;
130	130	(B) the fair market value of the vehicle; and
131	131	(C) any other relevant considerations;
132	132	(4) safeguards for preventing fraud in the repair,
133	133	purchase, or sale of a vehicle in the program; and
134	134	(5) procedures for determining the degree and amount
135	135	of repair assistance a vehicle is allowed, based on:
136	136	(A) the amount of money the vehicle owner has
137	137	spent on repairs;
138	138	(B) the vehicle owner's income; and
139	139	(C) any other relevant factors.
140	140	(b) A replacement motor vehicle described by Subsection
141	141	(a)(2) must:
142	142	(1) except as provided by Subsection (c), be a vehicle
143	143	in a class or category of vehicles that has been certified to meet
144	144	federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R.
145	145	Section 86.1811-04, as published in the February 10, 2000, Federal
146	146	Register; and
147	147	(2) have a gross vehicle weight rating of less than
148	148	10,000 pounds[; and
149	149	[(3) be a vehicle the total cost of which does not
150	150	exceed $25,000].
151	151	(d) A participating county shall provide an electronic
152	152	means for distributing vehicle repair or retirement [replacement]
153	153	funds once all program criteria have been met with regard to the
154	154	repair or retirement [replacement]. The county shall ensure that
155	155	funds for repairs or motor vehicle replacement are transferred to a
156	156	participating dealer under this section not later than five
157	157	business days after the date the county receives proof of the sale
158	158	and any required administrative documents from the participating
159	159	dealer.
160	160	(e) In rules adopted under this section, the commission
161	161	shall require a mandatory procedure that:
162	162	(1) produces a document confirming that a person is
163	163	eligible to purchase a replacement motor vehicle in the manner
164	164	provided by this chapter, and the amount of money available to the
165	165	participating purchaser;
166	166	(2) provides that a person who seeks to purchase a
167	167	replacement motor vehicle in the manner provided by this chapter is
168	168	required to have the document required by Subdivision (1) before
169	169	the person enters into negotiation for a replacement motor vehicle
170	170	in the manner provided by this chapter; and
171	171	(3) provides that a participating dealer who relies on
172	172	a document issued as required by Subdivision (1) has no duty to
173	173	otherwise confirm the eligibility of a person to purchase a
174	174	replacement motor vehicle in the manner provided by this chapter.
175	175	SECTION 4. Sections 382.213(a), (b), and (i), Health and
176	176	Safety Code, are amended to read as follows:
177	177	(a) Except as provided by Subsection (c) and Subdivision (5)
178	178	of this subsection, a vehicle retired under an accelerated vehicle
179	179	retirement program authorized by Section 382.209 may not be resold
180	180	or reused in its entirety in this or another state. Subject to the
181	181	provisions of Subsection (i), the automobile dealer who takes
182	182	possession of the vehicle must submit to the program administrator
183	183	proof, in a manner adopted by the commission, that the vehicle has
184	184	been retired. The vehicle must be:
185	185	(1) destroyed;
186	186	(2) recycled;
187	187	(3) dismantled and its parts sold as used parts or used
188	188	in the program;
189	189	(4) placed in a storage facility of a program
190	190	established under Section 382.209 and subsequently destroyed,
191	191	recycled, or dismantled and its parts sold or used in the program;
192	192	or
193	193	(5) repaired, brought into compliance, and used as a
194	194	replacement motor vehicle under Section 382.209(d)(2).
195	195	(b) Not more than 10 percent of all vehicles eligible for
196	196	retirement under this section may be used as replacement motor
197	197	vehicles under Subsection (a)(5).
198	198	(i) Notwithstanding any other provision of this section,
199	199	and except as provided by this subsection, a dealer is in compliance
200	200	with this section and incurs no civil or criminal liability as a
201	201	result of the disposal of a retired [replaced] vehicle if the dealer
202	202	produces proof of transfer of the retired [replaced] vehicle by the
203	203	dealer to a dismantler. The defense provided by this subsection is
204	204	not available to a dealer who knowingly and intentionally conspires
205	205	with another person to violate this section.
206	206	SECTION 5. Section 382.219, Health and Safety Code, is
207	207	amended to read as follows:
208	208	Sec. 382.219. PURCHASE OF REPLACEMENT MOTOR VEHICLE;
209	209	AUTOMOBILE DEALERSHIPS. (a) An amount described by Section
210	210	382.210(a)(2) may be used as a down payment toward the purchase of a
211	211	replacement motor vehicle.
212	212	(b) An automobile dealer that participates in the
213	213	procedures and programs offered by this chapter must be located in
214	214	the state. No dealer is required to participate in the procedures
215	215	and programs provided by this chapter.
216	216	SECTION 6. Section 382.220(d), Health and Safety Code, is
217	217	amended to read as follows:
218	218	(d) Fees collected under Sections 382.202 and 382.302 may be
219	219	used, in an amount not to exceed $5 million per fiscal year, for
220	220	projects described by Subsection (b). The fees shall be made
221	221	available only to participating counties [participating in the
222	222	low-income vehicle repair assistance, retrofit, and accelerated
223	223	vehicle retirement programs created under Section 382.209 and only]
224	224	on a matching basis, whereby the commission provides money to a
225	225	county in the same amount that the county dedicates to a project
226	226	authorized by Subsection (b). If the county is not in an area that
227	227	receives federal Congestion Mitigation Air Quality funding to
228	228	support projects authorized by Subsection (b), the commission shall
229	229	provide three times the amount of money that the county dedicates to
230	230	a project under that subsection.
231	231	SECTION 7. Section 382.210(f), Health and Safety Code, is
232	232	repealed.
233	233	SECTION 8. This Act takes effect September 1, 2009.