Texas 2009 - 81st Regular

Texas Senate Bill SB2016 Compare Versions

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11 81R10621 MTB-D
22 By: Watson S.B. No. 2016
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the purchase and operation of plug-in hybrid electric
88 motor vehicles, including the establishment of a pilot program by
99 the state energy conservation office.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 411.063, Government Code, is amended by
1212 adding Subsection (f) to read as follows:
1313 (f) A motor vehicle displaying a "hybrid vehicle" insignia
1414 issued under Section 502.1865, Transportation Code, is exempt from
1515 the payment of a parking fee under Subsection (b)(5).
1616 SECTION 2. Chapter 447, Government Code, is amended by
1717 adding Section 447.015 to read as follows:
1818 Sec. 447.015. PLUG-IN HYBRID ELECTRIC MOTOR VEHICLE PILOT
1919 PROGRAM. (a) In this section, "plug-in hybrid electric motor
2020 vehicle" means a vehicle that:
2121 (1) draws motive power from a battery that:
2222 (A) has a capacity of at least four
2323 kilowatt-hours; and
2424 (B) can be recharged from an external source of
2525 electricity; and
2626 (2) is approved by the state energy conservation
2727 office.
2828 (b) The state energy conservation office shall develop a
2929 pilot project, in consultation with local electric utilities or
3030 private contractors, for the establishment and operation of
3131 charging stations for plug-in hybrid electric motor vehicles in
3232 state-owned parking lots and garages, including lots and garages in
3333 the Capitol Complex, as defined by Section 411.061.
3434 (c) The pilot project must also include:
3535 (1) demonstrations on the use of charging stations for
3636 plug-in hybrid electric motor vehicles in the Capitol Complex;
3737 (2) the solicitation of demonstrations of plug-in
3838 hybrid electric motor vehicles, including pickup trucks, delivery
3939 vehicles, and buses, for use in the state vehicle fleet; and
4040 (3) facilitation of the use of ride-sharing or
4141 car-pooling programs that use plug-in hybrid electric motor
4242 vehicles and are sponsored or promoted by local governments.
4343 (d) The state energy conservation office shall publish a
4444 list on the office's Internet website of vehicles that are approved
4545 by the office as plug-in hybrid electric motor vehicles based on
4646 manufacturer information.
4747 (e) The state energy conservation office may solicit and
4848 accept grants, gifts, and donations from any public or private
4949 source for the purposes of this section.
5050 SECTION 3. Section 2165.2035, Government Code, is amended
5151 by adding Subsection (k) to read as follows:
5252 (k) Any lease of a state-owned parking lot or garage under
5353 this section must provide that a motor vehicle displaying a "hybrid
5454 vehicle" insignia issued under Section 502.1865, Transportation
5555 Code, is exempt from the payment of a fee to park in the parking lot
5656 or garage.
5757 SECTION 4. Subchapter E, Chapter 152, Tax Code, is amended
5858 by adding Section 152.0902 to read as follows:
5959 Sec. 152.0902. CERTAIN PLUG-IN HYBRID ELECTRIC MOTOR
6060 VEHICLES. (a) In this section, "plug-in hybrid electric motor
6161 vehicle" has the meaning assigned by Section 447.015, Government
6262 Code.
6363 (b) The taxes imposed by this chapter do not apply to the
6464 sale or use of a plug-in hybrid electric motor vehicle.
6565 SECTION 5. Section 224.153, Transportation Code, is amended
6666 by adding Subsection (e) to read as follows:
6767 (e) A motor vehicle displaying the "hybrid vehicle"
6868 insignia issued under Section 502.1865 in an easily readable
6969 location on the back of the vehicle may use a high occupancy vehicle
7070 lane regardless of the number of occupants in the vehicle unless the
7171 use would impair the receipt of federal funds.
7272 SECTION 6. Chapter 371, Transportation Code, as added by
7373 Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th
7474 Legislature, Regular Session, 2007, is reenacted, redesignated as
7575 Chapter 372, Transportation Code, and amended to read as follows:
7676 CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF
7777 TOLL PROJECT
7878 SUBCHAPTER A. GENERAL PROVISIONS
7979 Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:
8080 (1) "Plug-in hybrid electric motor vehicle" has the
8181 meaning assigned by Section 447.015, Government Code.
8282 (2) "Toll project" means a toll project described by
8383 Section 201.001(b), regardless of whether the toll project:
8484 (A) is a part of the state highway system; or
8585 (B) is subject to the jurisdiction of the
8686 department.
8787 (3) [(2)] "Toll project entity" means an entity
8888 authorized by law to acquire, design, construct, finance, operate,
8989 and maintain a toll project, including:
9090 (A) the department under Chapter 227 or 228;
9191 (B) a regional tollway authority under Chapter
9292 366;
9393 (C) a regional mobility authority under Chapter
9494 370; or
9595 (D) a county under Chapter 284.
9696 SUBCHAPTER B. TOLL PROJECT OPERATION
9797 Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION
9898 OR LICENSE PLATE INFORMATION. (a) A toll project entity may not
9999 use motor vehicle registration or other information derived from a
100100 license plate on a vehicle using a toll project, including
101101 information obtained by the use of automated enforcement technology
102102 described by Section 228.058, for purposes other than those related
103103 to:
104104 (1) toll collection and toll collection enforcement;
105105 and
106106 (2) law enforcement purposes on request by a law
107107 enforcement agency[, subject to Section 228.058(d)].
108108 (b) If a toll project entity enters into an agreement with
109109 an entity in another state that involves the exchange of motor
110110 vehicle registration or license plate information for toll
111111 collection or toll collection enforcement purposes, the agreement
112112 must provide that the information may not be used for purposes other
113113 than those described in Subsection (a).
114114 Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT
115115 DISASTER RELIEF ORGANIZATIONS. [(a) In this section:
116116 [(1) "Toll project" means a toll project described by
117117 Section 201.001(b), regardless of whether the toll project is:
118118 [(A) a part of the state highway system; or
119119 [(B) subject to the jurisdiction of the
120120 department.
121121 [(2) "Toll project entity" means an entity authorized
122122 by law to acquire, design, construct, finance, operate, and
123123 maintain a toll project, including:
124124 [(A) the department under Chapter 227 or 228;
125125 [(B) a regional tollway authority under Chapter
126126 366;
127127 [(C) a regional mobility authority under Chapter
128128 370; or
129129 [(D) a county under Chapter 284.
130130 [(b)] A toll project entity may not require a vehicle
131131 registered under Section 502.203 to pay a toll for the use of a toll
132132 project.
133133 Sec. 372.053. PLUG-IN HYBRID ELECTRIC MOTOR VEHICLES. A
134134 toll project entity may not require a plug-in hybrid electric motor
135135 vehicle displaying a "hybrid vehicle" insignia issued under Section
136136 502.1865 to pay a toll for the use of a toll project.
137137 SECTION 7. Subchapter D, Chapter 502, Transportation Code,
138138 is amended by adding Section 502.1865 to read as follows:
139139 Sec. 502.1865. "HYBRID VEHICLE" INSIGNIA FOR CERTAIN MOTOR
140140 VEHICLES. (a) In this section, "plug-in hybrid electric motor
141141 vehicle" has the meaning assigned by Section 447.015, Government
142142 Code.
143143 (b) At the time of registration or reregistration of the
144144 motor vehicle, the department shall issue a specially designed
145145 "hybrid vehicle" insignia for a plug-in hybrid electric motor
146146 vehicle.
147147 (c) The department shall issue a "hybrid vehicle" insignia
148148 under this section without the payment of any additional fee to a
149149 person who:
150150 (1) applies to the department on a form provided by the
151151 department; and
152152 (2) submits proof that the motor vehicle being
153153 registered is a plug-in hybrid electric motor vehicle.
154154 SECTION 8. (a) The changes in law made by Section
155155 2165.2035(k), Government Code, as added by this Act, apply to a
156156 lease entered into on or after the effective date of this Act. A
157157 lease entered into before the effective date of this Act is governed
158158 by the law in effect on the date the lease was entered into, and that
159159 law is continued in effect for that purpose.
160160 (b) The changes in law made by Section 152.0902, Tax Code,
161161 as added by this Act, do not affect tax liability accruing before
162162 the effective date of this Act. That liability continues in effect
163163 as if this Act had not been enacted, and the former law is continued
164164 in effect for the collection of taxes due and for civil and criminal
165165 enforcement of the liability for those taxes.
166166 SECTION 9. To the extent of any conflict, this Act prevails
167167 over another Act of the 81st Legislature, Regular Session, 2009,
168168 relating to nonsubstantive additions to and corrections in enacted
169169 codes.
170170 SECTION 10. This Act takes effect September 1, 2009.