HBA-LJP, JLV H.B. 802 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 802
By: Hope
Ways & Means
3/16/2001
Introduced



BACKGROUND AND PURPOSE 

The Federal Clean Air Act authorizes the U.S. Environmental Protection
Agency (EPA)  to establish the maximum allowable concentrations of
pollutants that endanger human health, harm the environment, and cause
property damage.  Areas where pollution exceeds the EPA standards may be
designated as nonattainment and maintenance areas.  According to the 2000
report "Clean Air: Texas' Response to Federal Mandates" of the House
Research Organization, Texas has four specific nonattainment areas:
Houston-Galveston, Dallas-Forth Worth, Beaumont-Port Arthur, and El Paso.
Because mobile sources such as motor vehicles contribute to air pollution,
the report recommends financial incentives to encourage better use of
alternative fuel vehicles to help eliminate Texas' nonattainment and
maintenance areas.  Clean air motor vehicles are fueled by a combination of
gasoline or diesel and electricity and have achieved an overall lower
emission level than traditional vehicles.  House Bill 802 provides tax
credits to people who use clean-air motor vehicles and provides other
incentives for the use of the clean-air vehicle. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated  to the Texas Department of Transportation
in SECTION 7 (Section 548.5035, Transportation Code) of this bill. 

ANALYSIS

House Bill 802 amends the Tax Code to entitle purchasers to receive a tax
credit on the sale or use of a new clean-air motor vehicle. 

The bill provides that the amount of credit the purchaser receives is equal
to the lesser of $2,000 or the total amount of the tax imposed on the sale
or use of the motor vehicle.  The bill provides that this provision expires
September 30, 2005 (Sec. 152.094). 

The bill sets forth provisions with regard to the eligibility of a
corporation to receive a tax credit for the retail sale of a new clean-air
motor vehicle, the limitations of credit the corporation is authorized to
receive, and the fiscal tax period under which the corporation is required
to claim the tax credit (Secs. 171.852171.855). 

The bill prohibits a corporation from conveying, assigning, or transferring
the credit to another entity unless all the assets of the corporation are
conveyed, assigned, or transferred in the same transaction (Sec. 171.856).
The bill provides that this provision expires December  31, 2005 (Sec.
171.857). 

House Bill 802 amends the Transportation Code to set forth the
registration fee requirements for clean-air motor vehicles (Sec. 502.1615). 

The bill requires the Texas Department of Transportation (department) to
issue specially designed license plates for clean-air motor vehicles, or a
registration insignia and registration receipts to eligible persons. The
bill requires that the owner of the vehicle return the special license
plates to the department if the owner disposes of the vehicle before the
license plates expire (Sec. 502.2985). 
 
The bill provides that a person operating a clean-air motor vehicle with
specialized license plates may drive in a high occupancy vehicle lane
without the minimum occupancy requirement (Sec. 545.424). 

The bill provides for an initial four year inspection for clean-air motor
vehicles sold in Texas and provides that current federal law regulating
motor vehicle emission inspection is not affected by the above (Sec.
548.1025). 

The bill requires the department by rule to set the fee for the  inspection
of a clean-air motor vehicle on or before September 1 of each year which is
based on the cost of producing certificates, providing inspections, and
administering the program.  The bill requires the department by rule to
require an inspection station to make an advance payment of a portion of
the fee for a certificate, but prohibits additional payment to be required
of the station for the certificate.  The bill authorizes the inspection
station to waive the fee due from the owner of the vehicle inspected.  A
refund for an unissued certificate is required to be made in accordance
with the provisions of inspection and certification fees (Sec. 548.5035).
The above provisions expire September 1, 2005 

EFFECTIVE DATE

 September 1, 2001.  The tax credit for the sale of clean-air motor
vehicles takes effect January 1, 2002.