82R4453 JXC-D By: Carona S.B. No. 399 A BILL TO BE ENTITLED AN ACT relating to a diesel vehicle emissions inspection and maintenance program and low-income vehicle repair assistance for diesel vehicles. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 382.203(b), Health and Safety Code, is amended to read as follows: (b) In addition to a vehicle described by Subsection (a), the program applies to: (1) a vehicle with United States governmental plates primarily operated in an affected county; (2) a vehicle operated on a federal facility in an affected county; [and] (3) a vehicle primarily operated in an affected county that is exempt from motor vehicle registration requirements or eligible under Chapter 502, Transportation Code, to display an "exempt" license plate; and (4) a diesel vehicle that the commission determines under Section 382.202(i) should be inspected to minimize emissions. SECTION 2. Section 382.209(i), Health and Safety Code, is amended to read as follows: (i) Notwithstanding the vehicle replacement requirements provided by Subsection (d)(2), the commission by rule may provide monetary or other compensatory assistance under the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, subject to the availability of funds, for the replacement of a vehicle that meets the following criteria: (1) the vehicle is gasoline-powered or diesel-powered and is at least 10 years old; (2) the vehicle owner meets applicable financial eligibility criteria; (3) the vehicle meets the requirements provided by Subsections (e)(1) and (2); and (4) the vehicle has passed a Department of Public Safety motor vehicle safety inspection or safety and emissions inspection within the 15-month period before the application is submitted. SECTION 3. This Act takes effect September 1, 2011.