81R167 SMH-D
By: Ellis S.B. No. 119
A BILL TO BE ENTITLED
AN ACT
relating to the implementation by the Texas Commission on
Environmental Quality of a low-emission vehicle program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Low-Emission Vehicle
Act.
SECTION 2. The legislature finds that:
(1) air pollution from motor vehicles is dangerous to
the health of the residents of this state;
(2) motor vehicles are a major source of pollution in
this state and contribute to the emission of greenhouse gases that
cause worldwide climate change; and
(3) technology can significantly reduce dangerous
emissions from motor vehicles.
SECTION 3. This Act is intended to protect the health and
safety of the residents of this state.
SECTION 4. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0192 to read as follows:
Sec. 382.0192. LOW-EMISSION VEHICLE PROGRAM. (a) In this
section, "California Low-Emission Vehicle program" means the
low-emission vehicle program being implemented in California
pursuant to the provisions of the federal Clean Air Act (42 U.S.C.
Section 7401 et seq.) and the California Code of Regulations.
(b) The commission shall implement a low-emission vehicle
program that is consistent with the California Low-Emission Vehicle
program. The program applies only to motor vehicles with a model
year of 2012 or later.
(c) The commission shall adopt rules as necessary to
implement this section in a manner that maintains consistency with
the California Low-Emission Vehicle program.
(d) Notwithstanding Subsections (b) and (c), if after the
effective date of the law enacting this section California adopts
standards relating to the control of emissions from new motor
vehicles or new motor vehicle engines that are inconsistent with
the California Low-Emission Vehicle program as that program existed
on the effective date of the law enacting this section or if after
that date the federal standards relating to the control of
emissions from new motor vehicles or new motor vehicle engines are
amended, the commission may adopt the federal standards if the
commission determines that the federal standards provide a more
cost-effective method of achieving any reductions in emissions of
air contaminants required by state or federal law.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.