Sec. 382.019. METHODS USED TO CONTROL AND REDUCE EMISSIONS FROM LAND VEHICLES. (a) Except as provided by Section 382.202(j), or another provision of this chapter, the commission by rule may provide requirements concerning the particular method to be used to control and reduce emissions from engines used to propel land vehicles.
(b) The commission may not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification, or other approval of any feature or equipment designed to control emissions from motor vehicles if that feature or equipment has been certified, approved, or otherwise authorized under federal law.
(c) The commission or any other state agency may not adopt a rule requiring the use of Stage II vapor recovery systems that control motor vehicle refueling emissions at a gasoline dispensing facility in this state until the United States Environmental Protection Agency determines that the use of the system is required for compliance with the federal Clean Air Act (42 U.S.C. 7401 et seq.), except the commission may adopt rules requiring such vapor recovery systems installed in nonattainment areas if it can be demonstrated to be necessary for the attainment of federal ozone ambient air quality standards or, following appropriate health studies and in consultation with the Department of State Health Services, it is determined to be necessary for the protection of public health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.24, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.147, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 965, Sec. 15.01, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 10.008(b), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0895, eff. April 2, 2015.
Structure Texas Statutes
Title 5 - Sanitation and Environmental Quality
Subchapter B. Powers and Duties of Commission
Section 382.011. General Powers and Duties
Section 382.012. State Air Control Plan
Section 382.013. Air Quality Control Regions
Section 382.014. Emission Inventory
Section 382.0145. Clean Fuel Incentive Surcharge
Section 382.015. Power to Enter Property
Section 382.016. Monitoring Requirements; Examination of Records
Section 382.0161. Air Pollutant Watch List
Section 382.0171. Alternative Fuels and Select-Use Technologies
Section 382.0172. International Border Areas
Section 382.018. Outdoor Burning of Waste and Combustible Material
Section 382.019. Methods Used to Control and Reduce Emissions From Land Vehicles
Section 382.0191. Idling of Motor Vehicle
Section 382.0195. Commercial Infectious Waste Incinerators
Section 382.020. Control of Emissions From Facilities That Handle Certain Agricultural Products
Section 382.0205. Special Problems Related to Air Contaminant Emissions
Section 382.021. Sampling Methods and Procedures
Section 382.0215. Assessment of Emissions Due to Emissions Events
Section 382.0216. Regulation of Emissions Events
Section 382.022. Investigations
Section 382.024. Factors in Issuing Orders and Determinations
Section 382.025. Orders Relating to Controlling Air Pollution
Section 382.026. Orders Issued Under Emergencies
Section 382.0275. Commission Action Relating to Residential Water Heaters
Section 382.029. Hearing Powers
Section 382.0291. Public Hearing Procedures
Section 382.030. Delegation of Hearing Powers
Section 382.031. Notice of Hearings
Section 382.032. Appeal of Commission Action
Section 382.033. Contracts; Instruments
Section 382.0335. Air Control Account
Section 382.034. Research and Investigations
Section 382.035. Memorandum of Understanding
Section 382.036. Cooperation and Assistance
Section 382.037. Notice in Texas Register Regarding National Ambient Air Quality Standards for Ozone