(a) A vehicle is a qualifying vehicle that may be considered for a grant under the program if during the eligibility period established by the commission the entity purchases a new on-road vehicle that:

1. (1) is certified to the appropriate current federal emissions standards as determined by the commission;
2. (2) replaces a diesel-powered on-road vehicle of the same weight classification and use; and
3. (3) is a hybrid vehicle or fueled by an alternative fuel.

(b) A vehicle is not a qualifying vehicle if the vehicle:

1. (1) is a neighborhood electric vehicle;
2. (2) has been used as a qualifying vehicle to qualify for a grant under this chapter for a previous reporting period or by another entity; or

3. (3) has qualified for a similar grant or tax credit in another jurisdiction.

   Redesignated from Health and Safety Code, Chapter 391 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(30), eff. September 1, 2011.

   Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(l-1), eff. August 30, 2017.