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AN ACT
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relating to the low-income vehicle repair assistance, retrofit, and |
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accelerated vehicle retirement program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.003, Health and Safety Code, is |
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amended by adding Subdivisions (4-a) and (9-b) and amending |
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Subdivision (7-b) to read as follows: |
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(4-a) "Electric vehicle" means a motor vehicle that |
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draws propulsion energy only from a rechargeable energy storage |
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system. |
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(7-b) "Hybrid [motor] vehicle" means a motor vehicle |
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that draws propulsion energy from both gasoline or conventional |
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diesel fuel and a rechargeable energy storage system. |
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(9-b) "Natural gas vehicle" means a motor vehicle that |
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uses only compressed natural gas or liquefied natural gas as fuel. |
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SECTION 2. Section 382.209(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) A vehicle is not eligible to participate in a low-income |
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vehicle repair assistance, retrofit, and accelerated vehicle |
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retirement program established under this section unless: |
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(1) the vehicle is capable of being operated; |
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(2) the registration of the vehicle: |
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(A) is current; and |
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(B) reflects that the vehicle has been registered |
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in the county implementing the program for at least [the] 12 of the |
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15 months preceding the application for participation in the |
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program; |
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(3) the commissioners court of the county |
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administering the program determines that the vehicle meets the |
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eligibility criteria adopted by the commission, the Texas |
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Department of Motor Vehicles, and the Public Safety Commission; |
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(4) if the vehicle is to be repaired, the repair is |
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done by a repair facility recognized by the Department of Public |
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Safety, which may be an independent or private entity licensed by |
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the state; and |
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(5) if the vehicle is to be retired under this |
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subsection and Section 382.213, the replacement vehicle is a |
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qualifying motor vehicle. |
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SECTION 3. Sections 382.210(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) The commission by rule shall adopt guidelines to assist |
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a participating county in implementing a low-income vehicle repair |
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assistance, retrofit, and accelerated vehicle retirement program |
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authorized under Section 382.209. The guidelines at a minimum |
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shall recommend: |
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(1) a minimum and maximum amount for repair |
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assistance; |
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(2) a minimum and maximum amount toward the purchase |
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price of a replacement vehicle qualified for the accelerated |
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retirement program, based on vehicle type and model year, with the |
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maximum amount not to exceed: |
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(A) $3,000 for a replacement car of the current |
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model year or the previous three model years, except as provided by |
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Paragraph (C); |
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(B) $3,000 for a replacement truck of the current |
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model year or the previous two model years, except as provided by |
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Paragraph (C); and |
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(C) $3,500 for a replacement [hybrid] vehicle of |
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the current model year or the previous three model years that: |
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(i) is a hybrid vehicle, electric vehicle, |
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or natural gas vehicle; or |
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(ii) has been certified to meet federal |
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Tier 2, Bin 3 or a cleaner Bin certification under 40 C.F.R. Section |
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86.1811-04, as published in the February 10, 2000, Federal Register |
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[year]; |
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(3) criteria for determining eligibility, taking into |
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account: |
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(A) the vehicle owner's income, which may not |
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exceed 300 percent of the federal poverty level; |
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(B) the fair market value of the vehicle; and |
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(C) any other relevant considerations; |
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(4) safeguards for preventing fraud in the repair, |
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purchase, or sale of a vehicle in the program; and |
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(5) procedures for determining the degree and amount |
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of repair assistance a vehicle is allowed, based on: |
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(A) the amount of money the vehicle owner has |
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spent on repairs; |
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(B) the vehicle owner's income; and |
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(C) any other relevant factors. |
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(b) A replacement vehicle described by Subsection (a)(2) |
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must: |
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(1) except as provided by Subsection (c), be a vehicle |
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in a class or category of vehicles that has been certified to meet |
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federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R. |
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Section 86.1811-04, as published in the February 10, 2000, Federal |
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Register; |
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(2) have a gross vehicle weight rating of less than |
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10,000 pounds; [and] |
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(3) have an odometer reading of not more than 70,000 |
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miles; and |
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(4) be a vehicle the total cost of which does not |
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exceed: |
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(A) for a vehicle described by Subsection |
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(a)(2)(A) or (B), $35,000; or |
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(B) for a vehicle described by Subsection |
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(a)(2)(C), $45,000 [$25,000]. |
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SECTION 4. Section 382.213, Health and Safety Code, is |
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amended by adding Subsection (a-1) and amending Subsection (h) to |
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read as follows: |
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(a-1) The commission shall establish a partnership with |
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representatives of the steel industry, automobile dismantlers, and |
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the scrap metal recycling industry to ensure that: |
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(1) vehicles retired under Section 382.209 are |
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scrapped or recycled; and |
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(2) proof of scrapping or recycling is provided to the |
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commission. |
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(h) The [For purposes of this section, the] commission shall |
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adopt rules: |
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(1) defining "emissions control equipment" and |
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"engine" for the purposes of this section; and |
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(2) providing a procedure for certifying that |
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emissions control equipment and vehicle engines have been scrapped |
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or recycled.["] |
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SECTION 5. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3272 was passed by the House on April |
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27, 2011, by the following vote: Yeas 132, Nays 15, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3272 was passed by the Senate on May |
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19, 2011, by the following vote: Yeas 26, Nays 5 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |