(a) A qualifying vehicle is one that:
  (1) is certified to the appropriate current federal emissions standards as determined by the commission;
  (2) replaces a diesel-powered on-road vehicle of the same weight classification and use; and
  (3) is a hybrid vehicle or fueled by an alternative fuel.
(b) As a condition of receiving a grant the qualifying vehicle must be continuously owned, registered, and operated in Texas by the grant recipient until the earlier of the fifth anniversary of the date of reimbursement of the grant-funded expenses or until the date the vehicle has been in operation for 400,000 miles after the date of reimbursement.
(c) A vehicle is not a qualifying vehicle if it:
  (1) is a neighborhood electric vehicle;
  (2) has been used as a qualifying vehicle to qualify for a grant under this division for a previous reporting period or by another entity; or
  (3) has qualified for a similar grant or tax credit in another jurisdiction.

Source Note: The provisions of this §114.652 adopted to be effective March 18, 2010, 35 TexReg 2195; amended to be effective April 19, 2012, 37 TexReg 2645; amended to be effective April 26, 2018, 43 TexReg 2442