| 1 | 1 | | By: Fraser S.B. No. 493 |
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| 2 | 2 | | (Smith of Harris) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the idling of motor vehicles. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 382, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 382.0191 to read as follows: |
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| 11 | 11 | | Sec. 382.0191. IDLING OF MOTOR VEHICLE. (a) In this |
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| 12 | 12 | | section, "idling" means allowing an engine to run while the motor |
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| 13 | 13 | | vehicle is not engaged in forward or reverse motion. |
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| 14 | 14 | | (b) The commission may not prohibit or limit the idling of |
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| 15 | 15 | | any motor vehicle with a gross vehicle weight rating greater than |
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| 16 | 16 | | 8,500 pounds that is equipped with a 2008 or subsequent model year |
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| 17 | 17 | | heavy-duty diesel engine or liquefied or compressed natural gas |
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| 18 | 18 | | engine that has been certified by the United States Environmental |
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| 19 | 19 | | Protection Agency or another state environmental agency to emit no |
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| 20 | 20 | | more than 30 grams of nitrogen oxides emissions per hour when |
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| 21 | 21 | | idling. |
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| 22 | 22 | | SECTION 2. Subchapter Z, Chapter 622, Transportation Code, |
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| 23 | 23 | | is amended by adding Section 622.955 to read as follows: |
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| 24 | 24 | | Sec. 622.955. INCREASE OF MAXIMUM WEIGHT FOR VEHICLES WITH |
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| 25 | 25 | | IDLE REDUCTION SYSTEMS. (a) For purposes of this section, "idle |
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| 26 | 26 | | reduction system" means a system that provides heating, cooling, or |
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| 27 | 27 | | electrical service to a commercial vehicle's sleeper berth for the |
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| 28 | 28 | | purpose of reducing the idling of a motor vehicle. |
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| 29 | 29 | | (b) Notwithstanding any provision to the contrary, the |
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| 30 | 30 | | maximum gross vehicle weight limit and axle weight limit for any |
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| 31 | 31 | | vehicle or combination of vehicles equipped with an idle reduction |
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| 32 | 32 | | system shall be increased by an amount necessary to compensate for |
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| 33 | 33 | | the additional weight of the idle reduction system. |
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| 34 | 34 | | (c) The weight increase under Subsection (b) may not be |
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| 35 | 35 | | greater than 400 pounds. |
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| 36 | 36 | | (d) On request by an appropriate law enforcement officer or |
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| 37 | 37 | | an official of an appropriate regulatory agency, the vehicle |
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| 38 | 38 | | operator shall provide proof that: |
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| 39 | 39 | | (1) the idle reduction technology is fully functional |
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| 40 | 40 | | at all times; and |
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| 41 | 41 | | (2) the weight increase is not used for any purpose |
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| 42 | 42 | | other than the use of an idle reduction system. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2011. |
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