85R8334 AAF-D
By: Birdwell S.B. No. 1731
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of laws governing certain state entities and
a state compact, including the functions of those entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. AGRICULTURE AND WILDLIFE RESEARCH AND MANAGEMENT
ADVISORY COMMITTEE. (a) The Agriculture and Wildlife Research and
Management Advisory Committee is abolished.
(b) Section 50.001, Agriculture Code, is amended to read as
follows:
Sec. 50.001. PROGRAM. The Texas Agricultural Experiment
Station[, in consultation with the Agriculture and Wildlife
Research and Management Advisory Committee established under
Section 88.216, Education Code,] shall develop and administer a
program to finance agriculture and wildlife research that the Texas
Agricultural Experiment Station determines to be of the highest
scientific merit and to offer significant promise in providing new
directions for long-term solutions to continued agriculture
production, water availability, and wildlife habitat availability.
(c) Section 88.216, Education Code, is repealed.
SECTION 2. STATE OF TEXAS ANNIVERSARY REMEMBRANCE DAY MEDAL
COMMITTEE. (a) The State of Texas Anniversary Remembrance Day
Medal Committee is abolished.
(b) Chapter 3103, Government Code, is repealed.
SECTION 3. TEXAS BIOENERGY POLICY COUNCIL AND TEXAS
BIOENERGY RESEARCH COMMITTEE. (a) The Texas Bioenergy Policy
Council and the Texas Bioenergy Research Committee are abolished.
(b) Chapter 50D, Agriculture Code, is repealed.
(c) To the extent of any conflict, this section prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. BORDER SECURITY COUNCIL. (a) The Border
Security Council is abolished.
(b) Section 421.0025, Government Code, is repealed.
SECTION 5. COLLEGE OPPORTUNITY ACT COMMITTEE. (a) The
College Opportunity Act committee is abolished.
(b) Chapter 1233, Government Code, is repealed.
SECTION 6. TEXAS DISTINGUISHED SERVICE AWARDS COMMITTEE.
(a) The Texas Distinguished Service Awards Committee is abolished.
(b) Chapter 3102, Government Code, is repealed.
SECTION 7. ADVISORY BOARD OF ECONOMIC DEVELOPMENT
STAKEHOLDERS. (a) The advisory board of economic development
stakeholders is abolished.
(b) Section 481.169, Government Code, is repealed.
SECTION 8. TEXAS EMISSIONS REDUCTION PLAN ADVISORY BOARD.
(a) The Texas Emissions Reduction Plan Advisory Board is
abolished.
(b) Sections 386.057(a) and (b), Health and Safety Code, are
amended to read as follows:
(a) The commission[, in consultation with the advisory
board,] annually shall review programs established under the plan,
including each project funded under the plan, the amount granted
for the project, the emissions reductions attributable to the
project, and the cost-effectiveness of the project.
(b) Not later than December 1, 2002, and not later than
December 1 of each subsequent second year, the commission[, in
consultation with the advisory board,] shall publish and submit to
the legislature a biennial plan report. The report must include:
(1) the information included in the annual reviews
conducted under Subsection (a);
(2) specific information for individual projects as
required by Subsection (c);
(3) information contained in reports received under
Sections 386.205, 388.003(e), 388.006, and 391.104; and
(4) a summary of the commission's activities under
Section 386.052.
(c) Section 386.104(f), Health and Safety Code, is amended
to read as follows:
(f) A proposed retrofit, repower, replacement, or add-on
equipment project must document, in a manner acceptable to the
commission, a reduction in emissions of oxides of nitrogen of at
least 30 percent compared with the baseline emissions adopted by
the commission for the relevant engine year and application. After
study of available emissions reduction technologies and[,] after
public notice and comment, [and after consultation with the
advisory board,] the commission may revise the minimum percentage
reduction in emissions of oxides of nitrogen required by this
subsection to improve the ability of the program to achieve its
goals.
(d) Sections 386.107, 386.114, and 386.115, Health and
Safety Code, are amended to read as follows:
Sec. 386.107. ADJUSTMENT TO MAXIMUM COST-EFFECTIVENESS
AMOUNT AND AWARD AMOUNT. After study of available emissions
reduction technologies and costs and after public notice and
comment, the commission[, in consultation with the advisory board,]
may change the values of the maximum grant award criteria
established in Section 386.106 to account for inflation or to
improve the ability of the program to achieve its goals.
Sec. 386.114. MODIFICATION OF INCENTIVE EMISSIONS
STANDARDS. After evaluating new technologies and after public
notice and comment, the commission[, in consultation with the
advisory board,] may change the incentive emissions standards
established by Section 386.113 to improve the ability of the
program to achieve its goals.
Sec. 386.115. MODIFICATION OF VEHICLE ELIGIBILITY. After
evaluating the availability of vehicles meeting the emissions
standards and after public notice and comment, the commission[, in
consultation with the advisory board,] may expand the program to
include other on-road vehicles, regardless of fuel type used, that
meet the emissions standards, have a gross vehicle weight rating of
greater than 8,500 pounds, and are purchased or leased in lieu of a
new on-road diesel.
(e) Section 386.252(d), Health and Safety Code, is amended
to read as follows:
(d) The commission may reallocate money designated for the
Texas natural gas vehicle grant program under Chapter 394 to other
programs described under Subsection (a) if:
(1) the commission, in consultation with the governor
[and the advisory board], determines that the use of the money in
the fund for that program will cause the state to be in
noncompliance with the state implementation plan to the extent that
federal action is likely; and
(2) the commission finds that the reallocation of some
or all of the funding for the program would resolve the
noncompliance.
(f) Sections 394.005(a) and (g), Health and Safety Code, are
amended to read as follows:
(a) The commission by rule shall establish criteria for
prioritizing qualifying vehicles eligible to receive grants under
this chapter. The commission shall review and revise the criteria
as appropriate [after consultation with the advisory board].
(g) The commission shall establish baseline emission levels
for emissions of nitrogen oxides for on-road heavy-duty or
medium-duty motor vehicles being replaced by using the emission
certification for the engine or vehicle being replaced. The
commission may consider deterioration of the emission performance
of the engine of the vehicle being replaced in establishing the
baseline emission level. The commission may consider and establish
baseline emission rates for additional pollutants of concern, as
determined by the commission [after consultation with the advisory
board].
(g) The following provisions of the Health and Safety Code
are repealed:
(1) Section 386.001(1);
(2) Section 386.058; and
(3) Section 394.001(1).
SECTION 9. FIRE ANT RESEARCH AND MANAGEMENT ACCOUNT
ADVISORY COMMITTEE. (a) The Fire Ant Research and Management
Account Advisory Committee is abolished.
(b) The following provisions are repealed:
(1) Section 77.022, Agriculture Code; and
(2) Section 88.215, Education Code.
SECTION 10. OFFICE OF PATIENT PROTECTION. (a) The office
of patient protection is abolished.
(b) Subchapter G, Chapter 101, Occupations Code, is
repealed.
(c) The Health Professions Council may use the amount of any
fee increase collected under former Section 101.307, Occupations
Code, for the purposes for which an assessment under Section
101.006, Occupations Code, may be used.
SECTION 11. SOUTHERN REGIONAL EDUCATION COMPACT. (a) The
State of Texas withdraws from the regional education compact under
Section 160.02, Education Code. The secretary of state shall
provide written notice of the withdrawal and a certified copy of
this Act to the Board of Control for Southern Regional Education as
provided by that section not later than October 1, 2017.
(b) Effective October 1, 2019:
(1) Section 54.233, Education Code, is repealed; and
(2) Chapter 160, Education Code, is repealed.
SECTION 12. Except as otherwise provided by this Act, this
Act takes effect September 1, 2017.