Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998 Page: 4,004
3957-4141 p. ; 28 cm.View a full description of this periodical.
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[(C) When it is used to refer to the management of
people means a person has the authority to direct the activities
of another pe rsn or employee in a precise si tttior ,such as the
workplace.]
(5) Conventional vehicle - A vehicle which meets all
applicable federal emission standards in place at the time of manu-
facture, but is not certified as a low emission [cleanfuel] vehicle.
[Dallas/Fort Worth nonattainment area - Gllin, Dallas, Denton, and
Tarrant Counties.]
[El Paso nonattainment area - El Paso County ]
(6) Fleet - The aggregate of the [alt] vehicles under the
authority of a mass transit authority, local government, or private
entity [that are owned operated ,or controlled by an affected entity
and are registered under the Texas Transportation C des, 502002]
and operated primarily within an affected [any one nonattainment]
area.
(7) Fleet vehicle - A vehicle registered or required to
be registered under [the] Texas Transportation Code (TTC), Chapter
502, except a motor bus used to transport pre-primary, primary, or
secondary students to or from school or for approved extracurricular
activities, or a vehicle registered under TTC, 502.006(c) [502.002,
and that is centrally fueled capable of being centrally fuele, or
fueled at facilities serving both business customers and the general
public]. The term does not include:
(A) a [fle] vehicle that, when not in use, is normally
parked at the residence of the individual who normally [usually]
operates it [and that is available to such individual for personal use];
(B) a [feet] vehicle that has a gross vehicle weight
rating (GVWR) of greater than 26,000 pounds [, when not in useS
is nomally parked at the residence of the individual who usually
operates it and who does not report to a centra location]; [or ]
(C) a [fleet] vehicle used in the maintenance or repair
of underground mass transit facilities which is required by federal law
or regulation to operate on diesel fuel; or [that has a gross vehic-le
weight rating ...... arano. ,und ex.ep vehiclee
owned or operated by mass transit authorities.]
(D) a law enforcement or emergency vehicle, as de-
fined by the Texas Transportation Code (TTC) 541.201.
[Houston/Galveston nonattainment area -Brazoria. Chambers, Fort
Bend Gaeston af bey Montgme, and Walle Counties.f
(8) Lessor - A private entity [person] who leases or rents
vehicles to other entities for the purpose of short-term rental or an
extended term leasing [(] with or without a maintenance agreement
[D], without a driver, and under a contract. Fleets or vehicles [that are
owned,] operated[, or controlled] by lessors for operations other than
lease or rental to other entities may be subject to the requirements of
this chapter.
(9) Local government - A city, county, municipality, or
political subdivision of a state. This term does not include school
districts.
[Mobile emission reduction credit - The credit obtained from an
enfr .e able, permanent quantifiable, and surplus (to other federal and
state regulations) emission reduction generated by a mbile source
as set forth in 4201 and 1A 44-22 tf ~tis tl(relating to the
Mobile Emission Reduction Credit Program, and The Texas Mobile
Emission Reduction Credit Fund) and which has been banked inaccordance with 8-o29 f this title (relating to Emissions Banking
and Trading).]
(10) Non-road vehicle - A vehicle which is not required
to be registered under the Texas Transportation Code, 502.002.
(11) Normally operates - A person is considered to
normally operate a vehicle if they operate the vehicle more than 50%
of the time.
(12) Normally parked at the residence of the individual -
A vehicle that is parked more than 75% of the time that it is parked
after business hours at the residence of the individual who normally
operates it.
[Operate - Use of a vehicle on any public read-]
(13) Operates primarily - Use of a fleet in any one
affected nonattainment area more than 50% of the total [average]
annual vehicle miles traveled or [operating] time as measured from
January 1 through December 31 [documented by the affected entity
from July - through June 30th] of each year.
[Own - Having legaltitle title to a vehile.]
(14) Private entity - Any individual, partnership, firm,
company, business trust, corporation, organization, or association
which owns, operates, or controls a fleet.
(15) Private fleet - All fleet vehicles operated by a private
person.
[Private person - Any individual; , pa tne~ship firm, company b business
otfst poratoi n to, or association which owns .operates
or control a fleet.]
(16) Program compliance credits - Credits that may be
granted to a fleet [vehicle owner/] operator for a vehicle which
[who] exceeds the low emission [clean-fuel] vehicle provisions and
requirements of this chapter.
(17) Projected net costs - All expenses associated with
the operation of fleet vehicles after deduction of any available state or
federal funding or incentives for the use of low emission vehicles.
(18) Public works agency - A governmental body estab-
lished by the legislative branch, including municipalities and counties
acting by ordinance, charged with administrating the construction and
maintenance of improvements constructed with public funds for pub-
lic use, protection, or enjoyment, and those who oversee provision of
public services.
(19) Purchase date - The date the buyer and seller are in
a legally binding purchase or lease agreement. Payment or delivery
of the vehicle is not required to have taken place.
(20) Vehicle - A self propelled device designed to operate
with four or more wheels in contact with the ground, in or by which a
person or property is or may be transported, and which is registered
under the TTC [Texas Transportation Cede], 502.002 excluding
vehicles registered under TTC, 502.006(c).
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State, on April 9, 1998.
TRD-9805043
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission23 TexReg 4004 April 24, 1998 Texas Register
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Texas. Secretary of State. Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998, periodical, April 24, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113836/m1/50/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.