83R8398 JXC-F
	By: Hilderbran	H.B. No. 3110

	A BILL TO BE ENTITLED
	AN ACT
	relating to the Texas Emissions Reduction Plan motor vehicle
	purchase or lease incentive program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 386.152(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The program shall authorize statewide incentives for
	the purchase or lease[, according to the schedule provided by
	Section 386.153,] of new light-duty motor vehicles powered by
	compressed natural gas, liquefied petroleum gas, or electric drives
	[that are certified by the United States Environmental Protection
	Agency to meet an emissions standard that is at least as stringent
	as those provided by Section 386.153] for a purchaser or lessee who
	agrees to register the vehicle in this state and to operate the
	vehicle in this state for not less than 75 percent of the vehicle's
	annual mileage.
	SECTION 2.  Section 386.153, Health and Safety Code, is
	amended to read as follows:
	Sec. 386.153.  LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE
	INCENTIVE REQUIREMENTS [SCHEDULE]. (a) A new light-duty motor
	vehicle powered by compressed natural gas or liquefied petroleum
	gas is eligible for a $2,500 incentive if the vehicle:
	(1)  has four wheels;
	(2)  was originally manufactured to comply with and has
	been certified by an original equipment manufacturer or
	intermediate or final state vehicle manufacturer as complying with,
	or has been altered to comply with, federal motor vehicle safety
	standards, state emissions regulations, and any additional state
	regulations applicable to vehicles powered by compressed natural
	gas or liquefied petroleum gas;
	(3)  was manufactured for use primarily on public
	streets, roads, and highways;
	(4)  is rated at not more than 9,600 pounds unloaded
	gross vehicle weight;
	(5)  has a dedicated or bi-fuel compressed natural gas
	or liquefied petroleum gas fuel system with a range of at least 125
	miles as estimated, published, and updated by the United States
	Environmental Protection Agency;
	(6)  has, as applicable, a:
	(A)  compressed natural gas fuel system that
	complies with the:
	(i)  2013 NFPA 52 Gaseous Fuel Vehicular
	Systems Code; and
	(ii)  American National Standard for Basic
	Requirements for Compressed Natural Gas Vehicle (NGV) Fuel
	Containers, commonly cited as "ANSI/CSA NGV2"; or
	(B)  liquefied petroleum gas fuel system that
	complies with:
	(i)  the 2011 NFPA 58 Liquefied Petroleum
	Gas Code; and
	(ii)  Section VII of the 2013 ASME Boiler and
	Pressure Vessel Code; and
	(7)  was acquired on or after January 1, 2013, by the
	person applying for the incentive under this subsection and for use
	or lease by that person and not for resale.
	(b)  If the commission determines that an updated version of
	a code or standard described by Subdivision (a)(6) is more
	stringent than the version of the code or standard described by
	Subdivision (a)(6), the commission by rule may provide that a
	vehicle for which a person applies for an incentive under
	Subsection (a) is eligible for the incentive only if the vehicle
	complies with the updated version of the code or standard.
	(b-1)  The incentive under Subsection (a) is limited to 2,000
	vehicles for the state fiscal biennium beginning September 1, 2013.
	This subsection expires September 1, 2015.
	(c)  A new light-duty motor vehicle powered by electric drive
	is eligible for a $2,500 incentive if the vehicle:
	(1)  has four wheels;
	(2)  was manufactured for use primarily on public
	streets, roads, and highways;
	(3)  has not been modified from the original
	manufacturer's specifications;
	(4)  is rated at not more than 8,500 pounds unloaded
	gross vehicle weight;
	(5)  has a maximum speed capability of at least 55 miles
	per hour;
	(6)  is propelled to a significant extent by an
	electric motor that draws electricity from a battery that:
	(A)  has a capacity of not less than four kilowatt
	hours; and
	(B)  is capable of being recharged from an
	external source of electricity; and
	(7)  was acquired on or after January 1, 2013, by the
	person applying for the incentive under this subsection and for use
	or lease by that person and not for resale.
	(d)  The incentive under Subsection (c) is limited to 2,000
	vehicles for the state fiscal biennium beginning September 1, 2013.
	This subsection expires September 1, 2015. [A new light-duty motor
	vehicle is eligible for an incentive according to the following
	schedule:
	[Incentive emissions standard and incentive amount
	[Model year 2003-2007
	[Bin 4 $1,250
	[Bin 3 $2,225
	[Bin 2 $3,750
	[Bin 1 $5,000]
	SECTION 3.  Section 386.156(a), Health and Safety Code, is
	amended to read as follows:
	(a)  On August 1 each year the commission shall publish and
	provide to the comptroller a list of [the] new model motor vehicles
	eligible for inclusion in an incentive under this subchapter [as
	listed for the commission under Section 386.155]. The commission
	shall publish and provide to the comptroller supplements to that
	list as necessary to include additional new vehicle models [listed
	in a supplement to the original list provided by a manufacturer
	under Section 386.155].
	SECTION 4.  Section 386.158(a), Health and Safety Code, is
	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.
	SECTION 5.  Sections 386.151(1), 386.154, and 386.155,
	Health and Safety Code, are repealed.
	SECTION 6.  This Act takes effect September 1, 2013.