Sec. 201.618.  HYDROGEN-FUELED VEHICLES AND REFUELING STATIONS.  (a)  The department may seek funding from public and private sources to acquire and operate hydrogen-fueled vehicles and to establish and operate hydrogen refueling stations as provided by this section.
(b)  If the department secures funding under Subsection (a), the department may establish and operate at least five hydrogen refueling stations.  A refueling station established under this subsection must be located in an urbanized area along a major state highway and be accessible to the public.
(c)  If the department secures funding under Subsection (a), the department may purchase to operate in an area in which a refueling station is established under Subsection (b) vehicles capable of operating using hydrogen, including, at a minimum:
(1)  four vehicles with internal combustion engines that run on hydrogen; and
(2)  three fuel-cell vehicles, one internal combustion engine bus that runs on hydrogen, or one fuel-cell bus.
(d)  A vehicle purchased to meet the requirements of Subsection (c) may be used to satisfy the alternative fuels percentage requirement under Subchapter A, Chapter 2158, Government Code.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 259, Sec. 14(1), eff. June 17, 2011.
(f)  The department shall:
(1)  ensure that data on emissions from the vehicles and refueling stations purchased under this section and from the production of hydrogen for the vehicles and refueling stations are monitored and analyzed and compared with data on emissions from control vehicles with internal combustion engines that operate on fuels other than hydrogen; and
(2)  report the results of the monitoring, analysis, and comparison to the Texas Commission on Environmental Quality.
(g)  The department may charge the public a reasonable fee to use a hydrogen refueling station operated under Subsection (b).  The amount of the fee shall be based on the department's estimate of the number of customers that will use the refueling stations and the direct and indirect costs that will be incurred by the department to operate the refueling stations.  Fees collected by the department under this section shall be deposited in the state highway fund, may be appropriated only to the department to implement this section, and are exempt from the application of Section 403.095, Government Code.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 3.03, eff. June 14, 2005.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 259 (H.B. 1201), Sec. 14(1), eff. June 17, 2011.