87R17069 SLB-F
	By: Thompson of Brazoria	H.B. No. 2136
	Substitute the following for H.B. No. 2136:
	By:  Dominguez	C.S.H.B. No. 2136

	A BILL TO BE ENTITLED
	AN ACT
	relating to marine vessel projects in the diesel emissions
	reduction incentive program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 386.104(c) and (c-1), Health and Safety
	Code, are amended to read as follows:
	(c)  Except as otherwise provided by this subsection, for a
	proposed project as described by Section 386.102(b), [other than a
	project involving a marine vessel or engine,] not less than 75
	percent of vehicle miles traveled or hours of operation projected
	for the five years immediately following the award of a grant must
	be projected to take place in a nonattainment area or affected
	county of this state. The commission may set the minimum percentage
	of vehicle miles traveled or hours of operation required to take
	place in a nonattainment area or affected county at a percentage and
	for a period that is different from the percentage and period
	specified by this subsection, provided that the commission may not
	set the minimum percentage at a level that is less than 55 percent.
	The commission may allow vehicle travel on highways and roadways,
	or portions of a highway or roadway, designated by the commission
	and located outside a nonattainment area or affected county to
	count towards the percentage of use requirement in this subsection.
	(c-1)  For a proposed project involving a marine vessel or
	engine, the vessel or engine must be operated in the intercoastal
	waterways or bays adjacent to a nonattainment area or affected
	county of this state for a sufficient percentage [amount] of time
	over the lifetime of the project, as determined by the commission,
	to meet the cost-effectiveness requirements of Section 386.105.
	The percentage determined by the commission under this subsection
	may not be less than 55 percent.
	SECTION 2.  This Act takes effect September 1, 2021.