By: Burnam, Chisum (Senate Sponsor - Deuell) H.B. No. 3272
(In the Senate - Received from the House April 28, 2011;
May 3, 2011, read first time and referred to Committee on Natural
Resources; May 13, 2011, reported favorably by the following vote:
Yeas 8, Nays 1; May 13, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.003, Health and Safety Code, is
amended by adding Subdivisions (4-a) and (9-b) and amending
Subdivision (7-b) to read as follows:
(4-a) "Electric vehicle" means a motor vehicle that
draws propulsion energy only from a rechargeable energy storage
system.
(7-b) "Hybrid [motor] vehicle" means a motor vehicle
that draws propulsion energy from both gasoline or conventional
diesel fuel and a rechargeable energy storage system.
(9-b) "Natural gas vehicle" means a motor vehicle that
uses only compressed natural gas or liquefied natural gas as fuel.
SECTION 2. Section 382.209(e), Health and Safety Code, is
amended to read as follows:
(e) A vehicle is not eligible to participate in a low-income
vehicle repair assistance, retrofit, and accelerated vehicle
retirement program established under this section unless:
(1) the vehicle is capable of being operated;
(2) the registration of the vehicle:
(A) is current; and
(B) reflects that the vehicle has been registered
in the county implementing the program for at least [the] 12 of the
15 months preceding the application for participation in the
program;
(3) the commissioners court of the county
administering the program determines that the vehicle meets the
eligibility criteria adopted by the commission, the Texas
Department of Motor Vehicles, and the Public Safety Commission;
(4) if the vehicle is to be repaired, the repair is
done by a repair facility recognized by the Department of Public
Safety, which may be an independent or private entity licensed by
the state; and
(5) if the vehicle is to be retired under this
subsection and Section 382.213, the replacement vehicle is a
qualifying motor vehicle.
SECTION 3. Sections 382.210(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The commission by rule shall adopt guidelines to assist
a participating county in implementing a low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement program
authorized under Section 382.209. The guidelines at a minimum
shall recommend:
(1) a minimum and maximum amount for repair
assistance;
(2) a minimum and maximum amount toward the purchase
price of a replacement vehicle qualified for the accelerated
retirement program, based on vehicle type and model year, with the
maximum amount not to exceed:
(A) $3,000 for a replacement car of the current
model year or the previous three model years, except as provided by
Paragraph (C);
(B) $3,000 for a replacement truck of the current
model year or the previous two model years, except as provided by
Paragraph (C); and
(C) $3,500 for a replacement [hybrid] vehicle of
the current model year or the previous three model years that:
(i) is a hybrid vehicle, electric vehicle,
or natural gas vehicle; or
(ii) has been certified to meet federal
Tier 2, Bin 3 or a cleaner Bin certification under 40 C.F.R. Section
86.1811-04, as published in the February 10, 2000, Federal Register
[year];
(3) criteria for determining eligibility, taking into
account:
(A) the vehicle owner's income, which may not
exceed 300 percent of the federal poverty level;
(B) the fair market value of the vehicle; and
(C) any other relevant considerations;
(4) safeguards for preventing fraud in the repair,
purchase, or sale of a vehicle in the program; and
(5) procedures for determining the degree and amount
of repair assistance a vehicle is allowed, based on:
(A) the amount of money the vehicle owner has
spent on repairs;
(B) the vehicle owner's income; and
(C) any other relevant factors.
(b) A replacement vehicle described by Subsection (a)(2)
must:
(1) except as provided by Subsection (c), be a vehicle
in a class or category of vehicles that has been certified to meet
federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R.
Section 86.1811-04, as published in the February 10, 2000, Federal
Register;
(2) have a gross vehicle weight rating of less than
10,000 pounds; [and]
(3) have an odometer reading of not more than 70,000
miles; and
(4) be a vehicle the total cost of which does not
exceed:
(A) for a vehicle described by Subsection
(a)(2)(A) or (B), $35,000; or
(B) for a vehicle described by Subsection
(a)(2)(C), $45,000 [$25,000].
SECTION 4. Section 382.213, Health and Safety Code, is
amended by adding Subsection (a-1) and amending Subsection (h) to
read as follows:
(a-1) The commission shall establish a partnership with
representatives of the steel industry, automobile dismantlers, and
the scrap metal recycling industry to ensure that:
(1) vehicles retired under Section 382.209 are
scrapped or recycled; and
(2) proof of scrapping or recycling is provided to the
commission.
(h) The [For purposes of this section, the] commission shall
adopt rules:
(1) defining "emissions control equipment" and
"engine" for the purposes of this section; and
(2) providing a procedure for certifying that
emissions control equipment and vehicle engines have been scrapped
or recycled.["]
SECTION 5. This Act takes effect September 1, 2011.
* * * * *