S.C.R. No. 41
SENATE CONCURRENT RESOLUTION
WHEREAS, Senate Bill No. 1727 has been adopted by the house of
representatives and the senate; and
WHEREAS, The bill contains technical errors that should be
corrected; now, therefore, be it
RESOLVED by the 83rd Legislature of the State of Texas, That
the enrolling clerk of the senate be instructed to make the
following corrections:
(1) In the SECTION of the bill that amends Section 386.104,
Health and Safety Code, in added Subsection (f-1) of the section as
amended on third reading by Floor Amendment No. 1 by Isaac, strike
"the conversion of heavy-duty diesel on-road vehicle engines or
stationary engines" and substitute "the conversion of heavy-duty
diesel on-road vehicle engines or non-road engines".
(2) Strike the SECTION of the bill that amends Section
386.158, Health and Safety Code, and substitute the following
appropriately numbered SECTION:
SECTION ____. Sections 386.158(a) and (c), Health and
Safety Code, are amended to read as follows:
(a) A person who purchases or leases a new light-duty motor
vehicle described by Section 386.153 and [that has been] listed
under Section 386.156(a) [386.155] is eligible to apply for an
incentive under this subchapter.
(c) To receive money under an incentive program provided by
this subchapter, the purchaser or lessee of a new light-duty motor
vehicle who is eligible to apply for an incentive under this
subchapter shall apply for the incentive in the manner provided by
law or by rule of the commission [comptroller].
(3) Add the following appropriately numbered SECTIONS to
the bill:
SECTION ____. Section 386.058(b), Health and Safety Code,
is amended to read as follows:
(b) The governor shall appoint to the advisory board:
(1) a representative of the trucking industry;
(2) a representative of the air conditioning
manufacturing industry;
(3) a representative of the electric utility industry;
(4) a representative of regional transportation; and
(5) a representative of the nonprofit organization
described by Section 387.002 [386.252(a)(2)].
SECTION ____. Section 386.160, Health and Safety Code, is
amended to read as follows:
Sec. 386.160. COMMISSION [COMPTROLLER] TO ACCOUNT FOR MOTOR
VEHICLE PURCHASE OR LEASE INCENTIVES. (a) The commission
[comptroller] by rule shall develop a method to administer and
account for the motor vehicle purchase or lease incentives
authorized by this subchapter and to pay incentive money to the
purchaser or lessee of a new motor vehicle, on application of the
purchaser or lessee as provided by this subchapter.
(b) The commission [comptroller] shall develop and publish
forms and instructions for the purchaser or lessee of a new motor
vehicle to use in applying to the commission [comptroller] for an
incentive payment under this subchapter. The commission
[comptroller] shall make the forms available to new motor vehicle
dealers and leasing agents. Dealers and leasing agents shall make
the forms available to their prospective purchasers or lessees.
(c) In addition to other forms developed and published under
this section, the commission [comptroller] shall develop and
publish a verification form by which, with information provided by
the dealer or leasing agent, the commission [comptroller] can
verify the sale of a vehicle covered by this subchapter. The
verification form shall include at least the name of the purchaser,
the vehicle identification number of the vehicle involved, the date
of the purchase, and the name of the new motor dealer or leasing
agent involved in the transaction. At the time of sale or lease of a
vehicle eligible for an incentive under this subchapter, the dealer
or leasing agent shall complete the verification form supplied to
the dealer by the commission [comptroller]. The purchaser or
lessee shall include the completed verification form as part of the
purchaser's application for an incentive. The dealer shall
maintain a copy of the completed verification form for at least two
years from the date of the transaction.
SECTION ____. The heading to Section 386.161, Health and
Safety Code, is amended to read as follows:
Sec. 386.161. [REPORT TO COMMISSION;] SUSPENSION OF
PURCHASE OR LEASE INCENTIVES.
SECTION ____. Sections 386.161(b), (c), and (d), Health and
Safety Code, are amended to read as follows:
(b) If the balance available for motor vehicle purchase or
lease incentives falls below 15 percent of the total allocated for
the incentives during that fiscal year, the commission
[comptroller] by order shall suspend the incentives until the date
the comptroller can certify that the balance available in the fund
for incentives is an amount adequate to resume the incentives or the
beginning of the next fiscal year, whichever is earlier. If the
commission [comptroller] suspends the incentives, the commission
[comptroller] shall immediately notify [the commission and] all new
motor vehicle dealers and leasing agents that the incentives have
been suspended.
(c) The commission [comptroller] shall establish a
toll-free telephone number available to motor vehicle dealers and
leasing agents for the dealers and agents to call to verify that
incentives are available. The commission [comptroller] may provide
for issuing verification numbers over the telephone line.
(d) Reliance by a dealer or leasing agent on information
provided by the [comptroller or] commission is a complete defense
to an action involving or based on eligibility of a vehicle for an
incentive or availability of vehicles eligible for an incentive.
(4) In the SECTION of the bill repealing provisions of the
law, add the following appropriately numbered subdivision and
renumber the subsequent subdivisions of the SECTION accordingly:
(__) Section 386.161(a), Health and Safety Code;
(5) Renumber the SECTIONS of the bill accordingly.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.C.R. No. 41 was adopted by the Senate
on May 26, 2013, by the following vote: Yeas 30, Nays 0, one
present not voting.
______________________________
Secretary of the Senate
I hereby certify that S.C.R. No. 41 was adopted by the House
on May 27, 2013, by the following vote: Yeas 137, Nays 11, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor