By: Fraser S.B. No. 493
(In the Senate - Filed February 1, 2011; February 14, 2011,
read first time and referred to Committee on Natural Resources;
March 16, 2011, reported favorably by the following vote: Yeas 10,
Nays 0; March 16, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the idling of motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0191 to read as follows:
Sec. 382.0191. IDLING OF MOTOR VEHICLE. (a) In this
section, "idling" means allowing an engine to run while the motor
vehicle is not engaged in forward or reverse motion.
(b) The commission may not prohibit or limit the idling of
any motor vehicle with a gross vehicle weight rating greater than
8,500 pounds that is equipped with a 2008 or subsequent model year
heavy-duty diesel engine that has been certified by the United
States Environmental Protection Agency or another state
environmental agency to emit no more than 30 grams of nitrogen
oxides emissions per hour when idling.
SECTION 2. Subchapter Z, Chapter 622, Transportation Code,
is amended by adding Section 622.955 to read as follows:
Sec. 622.955. INCREASE OF MAXIMUM WEIGHT FOR VEHICLES WITH
IDLE REDUCTION SYSTEMS. (a) For purposes of this section, "idle
reduction system" means a system that provides heating, cooling, or
electrical service to a commercial vehicle's sleeper berth for the
purpose of reducing the idling of a motor vehicle.
(b) Notwithstanding any provision to the contrary, the
maximum gross vehicle weight limit and axle weight limit for any
vehicle or combination of vehicles equipped with an idle reduction
system shall be increased by an amount necessary to compensate for
the additional weight of the idle reduction system.
(c) The weight increase under Subsection (b) may not be
greater than 400 pounds.
(d) On request by an appropriate law enforcement officer or
an official of an appropriate regulatory agency, the vehicle
operator shall provide proof that:
(1) the idle reduction technology is fully functional
at all times; and
(2) the weight increase is not used for any purpose
other than the use of an idle reduction system.
SECTION 3. 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, 2011.
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