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Bill

HB 2440

Relating to the authority of a state agency or the state's air quality state implementation plan to impose certain restrictions with respect to a motor vehicle, including a motor vehicle powered by an engine.

89th Legislature (2025) Introduced by Pat Curry and 3 co-sponsors

Texas law restricts state agencies from using vehicle restrictions in air quality plans, potentially limiting pollution control authority and federal Clean Air Act compliance.

Effective on 9/1/25
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Bill Summary · HB 2440

Legislative bill overview

HB 2440 restricts the authority of Texas state agencies and air quality implementation plans to impose restrictions on motor vehicles, including those powered by traditional engines. The bill became effective September 1, 2025, after receiving gubernatorial signature in June 2025. It appears designed to limit regulatory actions that could reduce vehicle usage or mandate vehicle type changes through air quality policies.

Why is this important

This bill directly impacts how Texas can address air quality issues in areas that fail to meet federal Environmental Protection Agency (EPA) standards. By constraining state agency authority over vehicle restrictions, the bill may limit Texas's policy tools for improving air quality in non-attainment areas, while potentially affecting the state's ability to comply with federal Clean Air Act requirements. This creates tension between state regulatory flexibility and federal environmental obligations.

Potential points of contention

  • Federal compliance risk: EPA may challenge whether Texas maintains adequate authority to meet Clean Air Act standards, potentially triggering federal implementation of stricter rules
  • Air quality in urban areas: Cities like Houston and Dallas with existing air quality challenges may face difficulty addressing pollution without vehicle-related restrictions
  • Scope ambiguity: The bill's language regarding "certain restrictions" is vague, leaving uncertainty about what specific regulations are prohibited versus permitted

Compiled from official sources — confirm details with the bill’s official record.

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