By: Lucio III, Anchia, Strama, Leibowitz,	H.B. No. 432
	et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to the acquisition by state agencies of low-emissions
	vehicles and vehicles using alternative fuels.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 2158.003(a), Government Code, is amended
	to read as follows:
	(a)  A state agency may not purchase or lease a vehicle
	designed or used primarily for the transportation of individuals,
	including a station wagon, that has a wheelbase longer than 113
	inches or that has more than 160 SAE net horsepower. The vehicle
	may have a wheelbase of up to 116 inches or SAE net horsepower of up
	to 280 if the vehicle will be converted so that it uses [is capable
	of using] compressed natural gas, liquefied natural gas, liquefied
	petroleum gas, methanol or methanol/gasoline blends of 85 percent
	or greater, ethanol or ethanol/gasoline blends of 85 percent or
	greater, or electricity. This exception to the wheelbase and
	horsepower limitations applies to a state agency regardless of the
	size of the agency's vehicle fleet.
	SECTION 2.  Section 2158.004(a), Government Code, is amended
	to read as follows:
	(a)  A state agency operating a fleet of more than 15
	vehicles, excluding law enforcement and emergency vehicles, may not
	purchase or lease a motor vehicle unless that vehicle uses [is
	capable of using] compressed natural gas, liquefied natural gas,
	liquefied petroleum gas, methanol or methanol/gasoline blends of 85
	percent or greater, ethanol or ethanol/gasoline blends of 85
	percent or greater, or electricity.
	SECTION 3.  Section 2158.005, Government Code, is amended to
	read as follows:
	Sec. 2158.005.  PERCENTAGE REQUIREMENTS FOR VEHICLES
	[CAPABLE OF] USING ALTERNATIVE FUELS[; PROGRAM REVIEW]. (a)  Not
	later than September 30, 2010 [1, 1996], a state agency that
	operates a fleet of more than 15 motor vehicles, excluding law
	enforcement and emergency vehicles, shall have a fleet consisting
	of vehicles of which at least 50 percent use [are capable of using]
	compressed natural gas, liquefied natural gas, liquefied petroleum
	gas, methanol or methanol/gasoline blends of 85 percent or greater,
	ethanol or ethanol/gasoline blends of 85 percent or greater, or
	electricity.
	(b)  [The Texas Natural Resource Conservation Commission
	shall review the program established by this subchapter by December
	31, 1996. If the Texas Natural Resource Conservation Commission
	determines that the program has been effective in reducing total
	annual emissions from motor vehicles in the area, then after August
	31, 1998, a state agency operating a fleet of more than 15 motor
	vehicles shall have a fleet consisting of vehicles of which at least
	90 percent are capable of using compressed natural gas, liquefied
	natural gas, liquefied petroleum gas, methanol or
	methanol/gasoline blends of 85 percent or greater, ethanol or
	ethanol/gasoline blends of 85 percent or greater, or electricity.
	[(c)     The commission shall support the Texas Natural
	Resource Conservation Commission in collecting reasonable
	information needed to determine the air quality benefits from use
	of compressed natural gas, liquefied natural gas, liquefied
	petroleum gas, methanol or methanol/gasoline blends of 85 percent
	or greater, ethanol or ethanol/gasoline blends of 85 percent or
	greater, or electricity at affected agencies.
	[(d)]  A state agency in its annual financial report to the
	legislature shall report its progress in achieving the percentage
	requirements of this section by [itemizing]:
	(1)  itemizing purchases, leases, and conversions of
	motor vehicles; [and]
	(2)  itemizing usage of compressed natural gas,
	liquefied natural gas, liquefied petroleum gas, methanol or
	methanol/gasoline blends of 85 percent or greater, ethanol or
	ethanol/gasoline blends of 85 percent or greater, or electricity;
	and
	(3)  describing the availability of compressed natural
	gas, liquefied natural gas, liquefied petroleum gas, methanol or
	methanol/gasoline blends of 85 percent or greater, ethanol or
	ethanol/gasoline blends of 85 percent or greater, or electricity.
	(c) [(e)]  A state agency may meet the percentage
	requirements of this section through purchase of new vehicles or
	the conversion of existing vehicles, in accordance with federal and
	state requirements and applicable safety laws.  The Texas State
	Technical College System shall develop a program and provide
	training to a state agency converting an existing vehicle to meet
	the requirements of this section.
	(d) [(f)]  The comptroller [commission] may reduce a
	percentage specified by this section or waive the requirements of
	this section for a state agency on receipt of certification
	supported by evidence acceptable to the comptroller [commission]
	that:
	(1)  the agency's vehicles will be operating primarily
	in an area in which neither the agency nor a supplier has or can
	reasonably be expected to establish adequate refueling for
	compressed natural gas, liquefied natural gas, liquefied petroleum
	gas, methanol or methanol/gasoline blends of 85 percent or greater,
	ethanol or ethanol/gasoline blends of 85 percent or greater, or
	electricity; or
	(2)  the agency is unable to obtain equipment or
	refueling facilities necessary to operate vehicles using
	compressed natural gas, liquefied natural gas, liquefied petroleum
	gas, methanol or methanol/gasoline blends of 85 percent or greater,
	ethanol or ethanol/gasoline blends of 85 percent or greater, or
	electricity at a projected cost that is reasonably expected to be no
	greater than the net costs of continued use of conventional
	gasoline or diesel fuels, measured over the expected useful life of
	the equipment or facilities supplied.
	SECTION 4.  Section 2158.008, Government Code, is amended to
	read as follows:
	Sec. 2158.008.  WHEN VEHICLE CONSIDERED TO BE [CAPABLE OF]
	USING ALTERNATIVE FUELS. In this subchapter, a vehicle is
	considered to be [capable of] using compressed natural gas,
	liquefied natural gas, liquefied petroleum gas, methanol or
	methanol/gasoline blends of 85 percent or greater, ethanol or
	ethanol/gasoline blends of 85 percent or greater, or electricity if
	the vehicle uses [is capable of using] those fuels:
	(1)  not less than 80 percent of the time the vehicle is
	driven; and
	(2)  either in its original equipment engine or in an
	engine that has been converted to use those fuels.
	SECTION 5.  Section 2158.009(b), Government Code, is amended
	to read as follows:
	(b)  A state agency authorized to purchase passenger
	vehicles or other ground transportation vehicles for general use
	shall ensure that not less than 20 [10] percent of its vehicle
	purchases during any state fiscal biennium are purchases of
	vehicles that meet or exceed the emissions standards necessary to
	be rated by the United States Environmental Protection Agency as a
	Tier II, Bin 3, emissions standard vehicle that has a greenhouse gas
	score of eight under regulations of that agency as they existed
	September 1, 2007.
	SECTION 6.  Section 2158.009(a), Government Code, is
	repealed.
	SECTION 7.  This Act takes effect September 1, 2009.