81R10621 MTB-D
By: Watson S.B. No. 2016
A BILL TO BE ENTITLED
AN ACT
relating to the purchase and operation of plug-in hybrid electric
motor vehicles, including the establishment of a pilot program by
the state energy conservation office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.063, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A motor vehicle displaying a "hybrid vehicle" insignia
issued under Section 502.1865, Transportation Code, is exempt from
the payment of a parking fee under Subsection (b)(5).
SECTION 2. Chapter 447, Government Code, is amended by
adding Section 447.015 to read as follows:
Sec. 447.015. PLUG-IN HYBRID ELECTRIC MOTOR VEHICLE PILOT
PROGRAM. (a) In this section, "plug-in hybrid electric motor
vehicle" means a vehicle that:
(1) draws motive power from a battery that:
(A) has a capacity of at least four
kilowatt-hours; and
(B) can be recharged from an external source of
electricity; and
(2) is approved by the state energy conservation
office.
(b) The state energy conservation office shall develop a
pilot project, in consultation with local electric utilities or
private contractors, for the establishment and operation of
charging stations for plug-in hybrid electric motor vehicles in
state-owned parking lots and garages, including lots and garages in
the Capitol Complex, as defined by Section 411.061.
(c) The pilot project must also include:
(1) demonstrations on the use of charging stations for
plug-in hybrid electric motor vehicles in the Capitol Complex;
(2) the solicitation of demonstrations of plug-in
hybrid electric motor vehicles, including pickup trucks, delivery
vehicles, and buses, for use in the state vehicle fleet; and
(3) facilitation of the use of ride-sharing or
car-pooling programs that use plug-in hybrid electric motor
vehicles and are sponsored or promoted by local governments.
(d) The state energy conservation office shall publish a
list on the office's Internet website of vehicles that are approved
by the office as plug-in hybrid electric motor vehicles based on
manufacturer information.
(e) The state energy conservation office may solicit and
accept grants, gifts, and donations from any public or private
source for the purposes of this section.
SECTION 3. Section 2165.2035, Government Code, is amended
by adding Subsection (k) to read as follows:
(k) Any lease of a state-owned parking lot or garage under
this section must provide that a motor vehicle displaying a "hybrid
vehicle" insignia issued under Section 502.1865, Transportation
Code, is exempt from the payment of a fee to park in the parking lot
or garage.
SECTION 4. Subchapter E, Chapter 152, Tax Code, is amended
by adding Section 152.0902 to read as follows:
Sec. 152.0902. CERTAIN PLUG-IN HYBRID ELECTRIC MOTOR
VEHICLES. (a) In this section, "plug-in hybrid electric motor
vehicle" has the meaning assigned by Section 447.015, Government
Code.
(b) The taxes imposed by this chapter do not apply to the
sale or use of a plug-in hybrid electric motor vehicle.
SECTION 5. Section 224.153, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) A motor vehicle displaying the "hybrid vehicle"
insignia issued under Section 502.1865 in an easily readable
location on the back of the vehicle may use a high occupancy vehicle
lane regardless of the number of occupants in the vehicle unless the
use would impair the receipt of federal funds.
SECTION 6. Chapter 371, Transportation Code, as added by
Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted, redesignated as
Chapter 372, Transportation Code, and amended to read as follows:
CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF
TOLL PROJECT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:
(1) "Plug-in hybrid electric motor vehicle" has the
meaning assigned by Section 447.015, Government Code.
(2) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project:
(A) is a part of the state highway system; or
(B) is subject to the jurisdiction of the
department.
(3) [(2)] "Toll project entity" means an entity
authorized by law to acquire, design, construct, finance, operate,
and maintain a toll project, including:
(A) the department under Chapter 227 or 228;
(B) a regional tollway authority under Chapter
366;
(C) a regional mobility authority under Chapter
370; or
(D) a county under Chapter 284.
SUBCHAPTER B. TOLL PROJECT OPERATION
Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION
OR LICENSE PLATE INFORMATION. (a) A toll project entity may not
use motor vehicle registration or other information derived from a
license plate on a vehicle using a toll project, including
information obtained by the use of automated enforcement technology
described by Section 228.058, for purposes other than those related
to:
(1) toll collection and toll collection enforcement;
and
(2) law enforcement purposes on request by a law
enforcement agency[, subject to Section 228.058(d)].
(b) If a toll project entity enters into an agreement with
an entity in another state that involves the exchange of motor
vehicle registration or license plate information for toll
collection or toll collection enforcement purposes, the agreement
must provide that the information may not be used for purposes other
than those described in Subsection (a).
Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT
DISASTER RELIEF ORGANIZATIONS. [(a) In this section:
[(1) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project is:
[(A) a part of the state highway system; or
[(B) subject to the jurisdiction of the
department.
[(2) "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
[(A) the department under Chapter 227 or 228;
[(B) a regional tollway authority under Chapter
366;
[(C) a regional mobility authority under Chapter
370; or
[(D) a county under Chapter 284.
[(b)] A toll project entity may not require a vehicle
registered under Section 502.203 to pay a toll for the use of a toll
project.
Sec. 372.053. PLUG-IN HYBRID ELECTRIC MOTOR VEHICLES. A
toll project entity may not require a plug-in hybrid electric motor
vehicle displaying a "hybrid vehicle" insignia issued under Section
502.1865 to pay a toll for the use of a toll project.
SECTION 7. Subchapter D, Chapter 502, Transportation Code,
is amended by adding Section 502.1865 to read as follows:
Sec. 502.1865. "HYBRID VEHICLE" INSIGNIA FOR CERTAIN MOTOR
VEHICLES. (a) In this section, "plug-in hybrid electric motor
vehicle" has the meaning assigned by Section 447.015, Government
Code.
(b) At the time of registration or reregistration of the
motor vehicle, the department shall issue a specially designed
"hybrid vehicle" insignia for a plug-in hybrid electric motor
vehicle.
(c) The department shall issue a "hybrid vehicle" insignia
under this section without the payment of any additional fee to a
person who:
(1) applies to the department on a form provided by the
department; and
(2) submits proof that the motor vehicle being
registered is a plug-in hybrid electric motor vehicle.
SECTION 8. (a) The changes in law made by Section
2165.2035(k), Government Code, as added by this Act, apply to a
lease entered into on or after the effective date of this Act. A
lease entered into before the effective date of this Act is governed
by the law in effect on the date the lease was entered into, and that
law is continued in effect for that purpose.
(b) The changes in law made by Section 152.0902, Tax Code,
as added by this Act, do not affect tax liability accruing before
the effective date of this Act. That liability continues in effect
as if this Act had not been enacted, and the former law is continued
in effect for the collection of taxes due and for civil and criminal
enforcement of the liability for those taxes.
SECTION 9. To the extent of any conflict, this Act prevails
over another Act of the 81st Legislature, Regular Session, 2009,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 10. This Act takes effect September 1, 2009.