HBA-LJP H.B. 2649 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2649
By: Capelo
Environmental Regulation
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the Texas Resource Conservation Commission (TNRCC) is
prohibited from establishing vehicle fuel content standards (standards)
that are different from the standards of the United States Environmental
Protection Agency (EPA).  However, TNRCC is authorized to implement
different standards if the legislature authorizes the standards, the
standards are necessary for the attainment of federal ozone ambient air
quality standards, or following appropriate health studies and
consultations with the Texas Department of Health, the standards are
determined to be necessary for the protection of public health. If TNRCC
implements standards different from the EPA and does not apply the
standards statewide, gaps in these standards may make it difficult for
fuel-related businesses in Texas to serve different areas.  House Bill 2649
provides that TNRCC is prohibited from establishing more stringent or
restrictive standards than EPA standards for an area unless specifically
authorized by the legislature. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2649 amends the Health and Safety Code to provide that the
prohibition on the Texas Natural Resource Conservation Commission (TNRCC)
from establishing vehicle fuel content standards (standards) for clean
motor vehicle fuels other than the standards established by the United
States Environmental Protection Agency (EPA) applies only to TNRCC
standards that are more stringent or restrictive than the standards of the
EPA for an area. 

The bill repeals the authorization of TNRCC to set standards other than the
standards of the EPA if the standards of TNRCC are needed to comply with
the attainment of federal ozone ambient air quality standards or following
appropriate health studies and consultations with the Texas Department of
Health, it is determined that TNRCC standards are necessary for the
protection of public health. 

EFFECTIVE DATE

September 1, 2001.