Bill Text: TX HB2875 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the motor vehicle inspection program; creating an offense; amending the amount of certain fees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-05-08 - Placed on General State Calendar [HB2875 Detail]
Download: Texas-2013-HB2875-Comm_Sub.html
83R23505 JXC-F | |||
By: Harper-Brown, King of Hemphill | H.B. No. 2875 | ||
Substitute the following for H.B. No. 2875: | |||
By: Harper-Brown | C.S.H.B. No. 2875 |
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relating to the motor vehicle inspection program; creating an | ||
offense; amending the amount of certain fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 45.003, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 45.003. DEFINITION FOR CERTAIN PROSECUTIONS. For | ||
purposes of dismissing a charge under Section 502.407 [ |
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Transportation Code, "day" does not include Saturday, Sunday, or a | ||
legal holiday. | ||
SECTION 2. Section 51.207(d), Education Code, is amended to | ||
read as follows: | ||
(d) This subsection applies only to a public institution of | ||
higher education campus that is not covered by Subsection (b). The | ||
institution may not issue a permit to a student of the institution | ||
for driving or parking a motor vehicle on institutional property | ||
unless the institution provides written notice to the student that | ||
failure to register the vehicle in this state [ |
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owner of the vehicle resides in this state. | ||
SECTION 3. Section 103.0213, Government Code, is amended to | ||
read as follows: | ||
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a | ||
party to a civil suit, as applicable, shall pay the following fees | ||
and costs under the Transportation Code if ordered by the court or | ||
otherwise required: | ||
(1) administrative fee on dismissal of charge of | ||
driving with an expired motor vehicle registration (Sec. 502.407, | ||
Transportation Code) . . . not to exceed $20; | ||
(2) administrative fee on dismissal of charge of | ||
driving with an expired driver's license (Sec. 521.026, | ||
Transportation Code) . . . not to exceed $20; | ||
(3) [ |
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complaint or citation on certain offenses (Sec. 706.006, | ||
Transportation Code) . . . $30 for each violation; and | ||
(4) [ |
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satisfy certain judgments (Sec. 706.006, Transportation Code) | ||
. . . $30. | ||
SECTION 4. Section 382.0622(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Clean Air Act fees consist of: | ||
(1) fees collected by the commission under Sections | ||
382.062, 382.0621, 382.202, and 382.302 and as otherwise provided | ||
by law; | ||
(2) $2 of each fee [ |
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inspections of [ |
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Transportation Code; and | ||
(3) fees collected that are required under Section 185 | ||
of the federal Clean Air Act (42 U.S.C. Section 7511d). | ||
SECTION 5. Section 382.202(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) On adoption of a resolution by the commission and after | ||
proper notice, the Department of Public Safety of the State of Texas | ||
shall implement a system that requires, as a condition of obtaining | ||
an [ |
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Chapter 548, Transportation Code, in a county that is included in a | ||
vehicle emissions inspection and maintenance program under | ||
Subchapter F of that chapter, that the vehicle, unless the vehicle | ||
is not covered by the system, be annually or biennially inspected | ||
under the vehicle emissions inspection and maintenance program as | ||
required by the state's air quality state implementation plan. The | ||
Department of Public Safety shall implement such a system when it is | ||
required by any provision of federal or state law, including any | ||
provision of the state's air quality state implementation plan. | ||
SECTION 6. Section 382.205(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) The Department of Public Safety of the State of Texas by | ||
rule shall adopt: | ||
(1) testing procedures in accordance with motor | ||
vehicle emissions testing equipment specifications; and | ||
(2) procedures for issuing or denying an emissions | ||
inspection certificate and submitting reports to the inspection | ||
database described by Section 548.251, Transportation Code, | ||
following an emissions inspection. | ||
SECTION 7. Sections 382.220(b) and (d), Health and Safety | ||
Code, are amended to read as follows: | ||
(b) A program under this section must be implemented in | ||
consultation with the commission and may include a program to: | ||
(1) expand and enhance the AirCheck Texas Repair and | ||
Replacement Assistance Program; | ||
(2) develop and implement programs or systems that | ||
remotely determine vehicle emissions and notify the vehicle's | ||
operator; | ||
(3) develop and implement projects to implement the | ||
commission's smoking vehicle program; | ||
(4) develop and implement projects for coordinating | ||
with local law enforcement officials to reduce the use of | ||
counterfeit state inspection certificates [ |
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local law enforcement officials with funds to identify vehicles | ||
with counterfeit state inspection certificates [ |
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carry out appropriate actions; | ||
(5) develop and implement programs to enhance | ||
transportation system improvements; or | ||
(6) develop and implement new air control strategies | ||
designed to assist local areas in complying with state and federal | ||
air quality rules and regulations. | ||
(d) Fees collected under Sections 382.202 and 382.302 may be | ||
used, in an amount not to exceed $5 million per fiscal year, for | ||
projects described by Subsection (b). The fees shall be made | ||
available only to counties participating in the low-income vehicle | ||
repair assistance, retrofit, and accelerated vehicle retirement | ||
programs created under Section 382.209 and only on a matching | ||
basis, whereby the commission provides money to a county in the same | ||
amount that the county dedicates to a project authorized by | ||
Subsection (b). The commission may reduce the match requirement | ||
for a county that proposes to develop and implement independent | ||
test facility fraud detection programs, including the use of remote | ||
sensing technology for coordinating with law enforcement officials | ||
to detect, prevent, and prosecute the use of counterfeit state | ||
inspection certificates [ |
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SECTION 8. Sections 2308.253(d) and (e), Occupations Code, | ||
are amended to read as follows: | ||
(d) Except as provided by a contract described by Subsection | ||
(e), a parking facility owner may not have a vehicle removed from | ||
the parking facility merely because the vehicle does not display[ |
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insignia issued for the vehicle under Chapter 502, Transportation | ||
Code, or the vehicle registration law of another state or country[ |
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(e) A contract provision providing for the removal from a | ||
parking facility of a vehicle that does not display an unexpired | ||
license plate or registration insignia [ |
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operator of the vehicle to be given at least 10 days' written notice | ||
that the vehicle will be towed from the facility at the vehicle | ||
owner's or operator's expense if it is not removed from the parking | ||
facility. The notice must be: | ||
(1) delivered in person to the owner or operator of the | ||
vehicle; or | ||
(2) sent by certified mail, return receipt requested, | ||
to that owner or operator. | ||
SECTION 9. The heading to Section 502.0023, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 502.0023. [ |
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VEHICLES. | ||
SECTION 10. Sections 502.0023(a) and (b), Transportation | ||
Code, are amended to read as follows: | ||
(a) The [ |
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department shall develop and implement a system of registration to | ||
allow an owner of a commercial fleet to register the motor vehicles, | ||
semitrailers, and trailers in the commercial fleet [ |
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(b) A system of fleet [ |
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section must allow the owner of a commercial fleet to register: | ||
(1) an entire commercial fleet in the county of the | ||
owner's residence or principal place of business; or | ||
(2) the motor vehicles in a commercial fleet that are | ||
operated most regularly in the same county. | ||
SECTION 11. Section 502.047, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 502.047. REGISTRATION-BASED ENFORCEMENT OF MOTOR | ||
VEHICLE [ |
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(a) The department and the Department of Public Safety shall ensure | ||
compliance with the motor vehicle inspection requirements under | ||
Chapter 548, including compliance with the motor vehicle emissions | ||
inspection and maintenance program under Subchapter F of that | ||
chapter, through a vehicle registration-based enforcement system | ||
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(b) A motor vehicle may not be registered if the department | ||
receives from the Texas Commission on Environmental Quality or the | ||
Department of Public Safety notification that the registered owner | ||
of the vehicle has not complied with [ |
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(c) A motor vehicle may not be registered if the vehicle was | ||
denied registration under Subsection (b) unless verification is | ||
received that the registered vehicle owner is in compliance with | ||
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(d) The department and the Department of Public Safety shall | ||
enter into an agreement regarding the timely submission by the | ||
Department of Public Safety of inspection compliance information to | ||
the department. | ||
(d-1) The department, the Texas Commission on Environmental | ||
Quality, and the Department of Public Safety shall enter an | ||
agreement regarding the responsibilities for costs associated with | ||
implementing this section. | ||
(e) A county tax assessor-collector is not liable to any | ||
person for refusing to register a motor vehicle because of the | ||
person's failure to provide verification of the person's compliance | ||
with [ |
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SECTION 12. Section 502.059(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) Except as provided by Subsection (f), the registration | ||
insignia for validation of a license plate shall be attached to the | ||
inside of the vehicle's windshield, if the vehicle has a | ||
windshield, in the lower left corner in a manner that will not | ||
obstruct the vision of the driver [ |
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when applying for registration or renewal of registration, shall | ||
notify the department, and the department shall issue a distinctive | ||
device for attachment to the rear license plate of the vehicle. | ||
SECTION 13. The heading to Section 521.3465, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 521.3465. AUTOMATIC SUSPENSION ON CONVICTION OF | ||
CERTAIN OFFENSES INVOLVING FICTITIOUS MOTOR VEHICLE LICENSE | ||
PLATES, REGISTRATION INSIGNIA, OR [ |
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CERTIFICATES. | ||
SECTION 14. Section 521.3465(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A license is automatically suspended on final | ||
conviction of the license holder of: | ||
(1) an offense under Section 502.475(a)(4) | ||
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(2) an offense under Section 548.603(a)(1) that | ||
involves a fictitious [ |
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SECTION 15. Section 521.3466(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A license is automatically revoked on final conviction | ||
of the license holder of an offense under Section 37.10, Penal Code, | ||
if the governmental record was a motor vehicle license plate or | ||
registration insignia, within the meaning of Chapter 502, or an [ |
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SECTION 16. Section 548.001, Transportation Code, is | ||
amended by adding Subdivision (6-a) to read as follows: | ||
(6-a) "Inspection certificate" means a report | ||
printed, manufactured, or made by the department or an authorized | ||
agent of the department and issued by an inspector or an inspection | ||
station for a vehicle that passes the safety and, if applicable, | ||
emissions inspections required by this chapter. | ||
SECTION 17. Section 548.004(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) The facility may inspect only a vehicle owned by the | ||
political subdivision or state agency. [ |
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SECTION 18. Section 548.053(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) If an inspection discloses the necessity for | ||
adjustment, correction, or repair, an inspection station or | ||
inspector may not issue an inspection certificate or submit a | ||
passing report to the department's inspection database until the | ||
adjustment, correction, or repair is made. The owner of the vehicle | ||
may have the adjustment, correction, or repair made by a qualified | ||
person of the owner's choice, subject to reinspection. The vehicle | ||
shall be reinspected once free of charge within 15 days after the | ||
date of the original inspection, not including the date the | ||
original inspection is made, at the same inspection station after | ||
the adjustment, correction, or repair is made. | ||
SECTION 19. Section 548.101, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. Except | ||
as provided by Section 548.102, the department shall require an | ||
annual inspection. The department shall set the periods of | ||
inspection and may make rules with respect to those periods. The | ||
rules must provide that a vehicle owner may obtain an inspection not | ||
earlier than 90 days before the date of expiration of the vehicle's | ||
registration. | ||
SECTION 20. Section 548.103, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.103. EXTENDED INSPECTION PERIOD FOR CERTAIN | ||
VEHICLES. The department may extend the time within which the | ||
resident owner of a vehicle that is not in this state when an | ||
inspection is required must obtain an inspection [ |
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this state. | ||
SECTION 21. Sections 548.104(b), (c), (d), and (e), | ||
Transportation Code, are amended to read as follows: | ||
(b) An inspection station or inspector may issue an | ||
inspection certificate and submit a passing report for the vehicle | ||
to the department's inspection database only if the vehicle is | ||
inspected and found to be in proper and safe condition and to comply | ||
with this chapter and the rules adopted under this chapter. | ||
(c) An inspection station or inspector may inspect only the | ||
equipment required to be inspected by Section 548.051 and may not: | ||
(1) falsely and fraudulently represent to an applicant | ||
that equipment required to be inspected must be repaired, adjusted, | ||
or replaced before the vehicle will pass inspection; or | ||
(2) require an applicant to have another part of the | ||
vehicle or other equipment inspected as a prerequisite for issuance | ||
of an inspection certificate and submission of a passing report for | ||
the vehicle to the department's inspection database. | ||
(d) An inspection station or inspector may not issue an | ||
inspection certificate or submit a passing report for the vehicle | ||
to the department's inspection database for a vehicle equipped | ||
with: | ||
(1) a carburetion device permitting the use of | ||
liquefied gas alone or interchangeably with another fuel, unless a | ||
valid liquefied gas tax decal issued by the comptroller is attached | ||
to the lower right-hand corner of the front windshield of the | ||
vehicle on the passenger side; or | ||
(2) a sunscreening device prohibited by Section | ||
547.613, except that the department by rule shall provide | ||
procedures for issuance of an inspection certificate for a vehicle | ||
exempt under Section 547.613(c). | ||
(e) The department shall adopt rules relating to inspection | ||
of, [ |
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of a report to the department's inspection database for a moped. | ||
SECTION 22. Section 548.105, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.105. EVIDENCE OF FINANCIAL RESPONSIBILITY AS | ||
PREREQUISITE TO ISSUANCE OF INSPECTION CERTIFICATE. (a) An | ||
inspection station or inspector may not issue an inspection | ||
certificate or submit a passing report to the department's | ||
inspection database for a vehicle unless the owner or operator | ||
furnishes evidence of financial responsibility at the time of | ||
inspection. Evidence of financial responsibility may be shown in | ||
the manner specified under Section 601.053(a). A personal | ||
automobile insurance policy used as evidence of financial | ||
responsibility must be written for a term of 30 days or more as | ||
required by Article 5.06, Insurance Code. | ||
(b) An inspection station is not liable to a person, | ||
including a third party, for issuing an inspection certificate or | ||
submitting a passing report to the department's inspection database | ||
in reliance on evidence of financial responsibility furnished to | ||
the station. An inspection station that is the seller of a motor | ||
vehicle may rely on an oral insurance binder. | ||
SECTION 23. The heading to Subchapter E, Chapter 548, | ||
Transportation Code, is amended to read as follows: | ||
SUBCHAPTER E. ISSUANCE, RECORDING, AND PROOF OF INSPECTION | ||
CERTIFICATES [ |
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SECTION 24. Section 548.251, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.251. DEPARTMENT TO MAINTAIN DATABASE [ |
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shall maintain an electronic database to which inspection stations | ||
may electronically submit the information required by Section | ||
548.253 [ |
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SECTION 25. Section 548.252, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.252. ISSUANCE [ |
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INSPECTION CERTIFICATES [ |
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department by rule shall require an inspection station to issue an | ||
inspection certificate to the owner or operator of each vehicle | ||
inspected by the station that passes the inspections required by | ||
this chapter. | ||
(b) The department may adopt rules regarding the issuance of | ||
inspection certificates, including rules providing for [ |
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(c) The department shall provide to inspection stations | ||
equipment and supplies necessary to comply with this section. | ||
SECTION 26. Section 548.253, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.253. INFORMATION TO BE SUBMITTED [ |
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COMPLETION [ |
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electronically submit to the department's inspection database: | ||
(1) the vehicle identification number of the inspected | ||
vehicle and an indication of whether the vehicle passed the | ||
inspections required by this chapter [ |
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(2) any additional [ |
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by the department for the type of vehicle inspected. | ||
SECTION 27. Section 548.254, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.254. VALIDITY OF INSPECTION CERTIFICATE. An | ||
inspection certificate is invalid after the end of the 12th month | ||
following the month in which the certificate is issued. [ |
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SECTION 28. Section 548.256, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.256. PROOF OF INSPECTION [ |
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REQUIRED TO REGISTER VEHICLE. [ |
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or the county assessor-collector registering the vehicle shall | ||
verify that the vehicle has a passing report in the department's | ||
inspection database. If the database report is not available, the | ||
owner of the vehicle may present an inspection certificate issued | ||
for the vehicle [ |
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SECTION 29. Section 548.258(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department may adopt rules to require an inspection | ||
station to use the state electronic Internet portal to[ |
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other information required by the department. | ||
SECTION 30. Section 548.301(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) A program established under this section must | ||
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reregistration-based enforcement. | ||
SECTION 31. Section 548.302, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.302. COMMISSION TO ADOPT STANDARDS AND | ||
REQUIREMENTS. The commission shall: | ||
(1) adopt standards for emissions-related inspection | ||
criteria consistent with requirements of the United States and the | ||
conservation commission applicable to a county in which a program | ||
is established under this subchapter; and | ||
(2) develop and impose requirements necessary to | ||
ensure that an inspection certificate is not issued to a vehicle | ||
subject to a program established under this subchapter, and that a | ||
passing report is not submitted to the department's inspection | ||
database for the vehicle, unless the vehicle has passed a motor | ||
vehicle emissions inspection at a facility authorized and certified | ||
by the department. | ||
SECTION 32. Section 548.304, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS | ||
INSPECTIONS. [ |
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inspection stations as necessary to implement the | ||
emissions-related inspection requirements of the motor vehicle | ||
emissions inspection and maintenance program established under | ||
this subchapter if the station meets the department's certification | ||
requirements. | ||
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SECTION 33. Section 548.401, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.401. CERTIFICATION GENERALLY. A person may | ||
perform an inspection, [ |
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submit a report to the department's inspection database only if | ||
certified to do so by the department under rules adopted by the | ||
department. | ||
SECTION 34. Section 548.407(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) The department may provide that a revocation or | ||
suspension takes effect on receipt of notice under Subsection (b) | ||
if the department finds that the action is necessary to prevent or | ||
remedy a threat to public health, safety, or welfare. Violations | ||
that present a threat to public health, safety, or welfare include: | ||
(1) issuing an inspection certificate or submitting a | ||
report to the department's inspection database with knowledge that | ||
the issuance or submission is in violation of this chapter or rules | ||
adopted under this chapter; | ||
(2) falsely or fraudulently representing to the owner | ||
or operator of a vehicle that equipment inspected or required to be | ||
inspected must be repaired, adjusted, or replaced for the vehicle | ||
to pass an inspection; | ||
(3) issuing an inspection certificate or submitting a | ||
report to the department's inspection database: | ||
(A) without authorization to issue the | ||
certificate or submit the report; or | ||
(B) without inspecting the vehicle; | ||
(4) issuing an inspection certificate or submitting a | ||
passing report to the department's inspection database for a | ||
vehicle with knowledge that the vehicle has not been repaired, | ||
adjusted, or corrected after an inspection has shown a repair, | ||
adjustment, or correction to be necessary; | ||
(5) knowingly issuing an inspection certificate or | ||
submitting a passing report to the department's inspection | ||
database: | ||
(A) for a vehicle without conducting an | ||
inspection of each item required to be inspected; or | ||
(B) for a vehicle that is missing an item | ||
required to be inspected or that has an item required to be | ||
inspected that is not in compliance with state law or department | ||
rules; | ||
(6) refusing to allow a vehicle's owner to have a | ||
qualified person of the owner's choice make a required repair, | ||
adjustment, or correction; | ||
(7) charging for an inspection an amount greater than | ||
the authorized fee; | ||
(8) a violation of Subchapter F; | ||
(9) a violation of Section 548.603; or | ||
(10) a conviction of a felony or a Class A or B | ||
misdemeanor that directly relates to or affects the duties or | ||
responsibilities of a vehicle inspection station or inspector or a | ||
conviction of a similar crime under the jurisdiction of another | ||
state or the federal government. | ||
SECTION 35. Section 548.501, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.501. INSPECTION FEES GENERALLY. (a) Except as | ||
provided by Sections 548.503 and 548.504, each inspection station | ||
shall set a reasonable maximum [ |
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vehicle [ |
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(b) Out of each fee for an inspection $5.50 shall be | ||
remitted to the state under Section 548.509 [ |
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(c) If the maximum inspection fee set by the inspection | ||
station exceeds the recommended maximum inspection fee set by the | ||
commission under Subsection (e), the inspection station must | ||
provide written notice to the commission of the inspection | ||
station's maximum inspection fee. | ||
(d) After receiving written notice under Subsection (c), | ||
the commission may review an inspection station's maximum | ||
inspection fee to determine whether it is reasonable. In | ||
determining whether a maximum inspection fee charged by an | ||
inspection station is reasonable, the commission may consider the | ||
resources required by the inspection station to perform the | ||
station's inspection duties under state and federal law. If the | ||
commission determines that an inspection fee is not reasonable, the | ||
commission may require the inspection station to reduce the amount | ||
of the maximum inspection fee the station charges. | ||
(e) The commission by rule shall establish a statewide | ||
recommended maximum inspection fee that an inspection station may | ||
charge for inspection of a motor vehicle. The recommended maximum | ||
inspection fee may not exceed $17.50. | ||
SECTION 36. Section 548.502, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.502. INSPECTION BY POLITICAL SUBDIVISION OR STATE | ||
AGENCY. A political subdivision or state agency for which the | ||
department certifies an inspection station under Section 548.004: | ||
(1) shall pay to the state [ |
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(2) may not be required to pay the remainder of the | ||
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SECTION 37. Section 548.503, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.503. INITIAL TWO-YEAR INSPECTION OF PASSENGER CAR | ||
OR LIGHT TRUCK. (a) The fee for inspection of a passenger car or | ||
light truck under Section 548.102 shall be set by the department by | ||
rule on or before September 1 of each year. A fee set by the | ||
department under this subsection must be based on the costs of | ||
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administering the program, but may not be less than $21.75. | ||
(b) Out of each fee for an inspection under this section | ||
$14.75 shall be remitted to the state under Section 548.509. [ |
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SECTION 38. Section 548.504(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) Out of each fee for inspection of a commercial motor | ||
vehicle $10 shall be remitted to the department under Section | ||
548.509 [ |
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SECTION 39. Section 548.505(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department by rule may impose an inspection fee for | ||
a vehicle inspected under Section 548.301(a) in addition to the fee | ||
provided by Section 548.501, 548.502, 548.503, or 548.504. A fee | ||
imposed under this subsection must be based on the costs of: | ||
(1) [ |
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[ |
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(2) [ |
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SECTION 40. Section 548.508, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.508. DISPOSITION OF FEES. Except as provided by | ||
Sections 382.0622 and 382.202, Health and Safety Code, and Section | ||
548.5055, each fee remitted to the comptroller [ |
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of the Texas mobility fund. | ||
SECTION 41. Subchapter H, Chapter 548, Transportation Code, | ||
is amended by adding Section 548.509 to read as follows: | ||
Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. The | ||
Texas Department of Motor Vehicles or a county assessor-collector | ||
that registers a motor vehicle that is subject to an inspection fee | ||
under this chapter shall collect at the time of registration of the | ||
motor vehicle the portion of the inspection fee that is required to | ||
be remitted to the state. The Texas Department of Motor Vehicles or | ||
the county assessor-collector shall remit the fee to the | ||
comptroller. | ||
SECTION 42. Subchapter H, Chapter 548, Transportation Code, | ||
is amended by adding Section 548.510 to read as follows: | ||
Sec. 548.510. SIGNS DISPLAYING FEES. An inspection station | ||
shall post, in an area of the station that is accessible to and | ||
frequented by the public, a sign or placard stating: | ||
(1) the maximum fee the inspection station may charge | ||
for a vehicle safety inspection; and | ||
(2) the maximum fee the inspection station may charge | ||
for an emissions test, if required. | ||
SECTION 43. Section 548.601(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A person, including an inspector or an inspection | ||
station, commits an offense if the person: | ||
(1) issues an inspection certificate or submits a | ||
report to the department's inspection database with knowledge that | ||
the issuance or submission is in violation of this chapter or rules | ||
adopted under this chapter; | ||
(2) falsely or fraudulently represents to the owner or | ||
operator of a vehicle that equipment inspected or required to be | ||
inspected must be repaired, adjusted, or replaced for the vehicle | ||
to pass an inspection; | ||
(3) misrepresents: | ||
(A) material information in an application in | ||
violation of Section 548.402 or 548.403; or | ||
(B) information filed with the department under | ||
this chapter or as required by department rule; | ||
(4) issues an inspection certificate or submits a | ||
report to the department's inspection database: | ||
(A) without authorization to issue the | ||
certificate or submit the report; or | ||
(B) without inspecting the vehicle; | ||
(5) issues an inspection certificate or submits a | ||
passing report to the department's inspection database for a | ||
vehicle with knowledge that the vehicle has not been repaired, | ||
adjusted, or corrected after an inspection has shown a repair, | ||
adjustment, or correction to be necessary; | ||
(6) knowingly issues an inspection certificate or | ||
submits a passing report to the department's inspection database: | ||
(A) for a vehicle without conducting an | ||
inspection of each item required to be inspected; or | ||
(B) for a vehicle that is missing an item | ||
required to be inspected or that has an item required to be | ||
inspected that is not in compliance with state law or department | ||
rules; | ||
(7) refuses to allow a vehicle's owner to have a | ||
qualified person of the owner's choice make a required repair, | ||
adjustment, or correction; | ||
(8) charges for an inspection an amount greater than | ||
the authorized fee; or | ||
(9) performs an act prohibited by or fails to perform | ||
an act required by this chapter or a rule adopted under this | ||
chapter. | ||
SECTION 44. Sections 548.603(a), (b), and (c), | ||
Transportation Code, are amended to read as follows: | ||
(a) A person commits an offense if the person: | ||
(1) presents [ |
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that the certificate or document is counterfeit, tampered with, | ||
altered, fictitious, issued for another vehicle, [ |
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issued in violation of: | ||
(A) this chapter, rules adopted under this | ||
chapter, or other law of this state; or | ||
(B) a law of another state, the United States, | ||
the United Mexican States, a state of the United Mexican States, | ||
Canada, or a province of Canada; | ||
(2) [ |
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[ |
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inspection requirements seeks an inspection of a vehicle at a | ||
station not certified to perform an emissions inspection if the | ||
person knows that the vehicle is required to be inspected under | ||
Section 548.301; or | ||
(3) [ |
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inspection requirement for a vehicle[ |
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[ |
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(b) A person commits an offense if the person: | ||
(1) makes or possesses, with the intent to sell, | ||
circulate, or pass, a counterfeit inspection certificate or | ||
insurance document; or | ||
(2) possesses any part of a stamp, dye, plate, | ||
negative, machine, or other device that is used or designated for | ||
use in making a counterfeit [ |
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document. | ||
(c) The owner of a vehicle commits an offense if the owner | ||
knowingly allows the vehicle to be registered using as proof of | ||
compliance with this chapter [ |
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Subsection (a). | ||
SECTION 45. Section 548.6035(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if, in connection with a | ||
required emissions inspection of a motor vehicle, the person | ||
knowingly: | ||
(1) submits a passing report to the department's | ||
inspection database [ |
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(A) the vehicle does not meet the emissions | ||
requirements established by the department; or | ||
(B) the person has not inspected the vehicle; | ||
(2) manipulates an emissions test result; | ||
(3) uses or causes to be used emissions data from | ||
another motor vehicle as a substitute for the motor vehicle being | ||
inspected; or | ||
(4) bypasses or circumvents a fuel cap test. | ||
SECTION 46. Section 623.011(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) When the department issues a permit under this section, | ||
the department shall issue a sticker to be placed on the front | ||
windshield of the vehicle [ |
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sticker to aid in the enforcement of weight limits for vehicles. | ||
SECTION 47. Section 683.051, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF | ||
CERTAIN MOTOR VEHICLES. A person may apply to the department for | ||
authority: | ||
(1) to sell, give away, or dispose of a motor vehicle | ||
to a motor vehicle demolisher if: | ||
(A) the person owns the motor vehicle and the | ||
certificate of title to the vehicle is lost, destroyed, or faulty; | ||
or | ||
(B) the vehicle is an abandoned motor vehicle and | ||
is: | ||
(i) in the possession of the person; or | ||
(ii) located on property owned by the | ||
person; or | ||
(2) to dispose of a motor vehicle to a motor vehicle | ||
demolisher for demolition, wrecking, or dismantling if: | ||
(A) the abandoned motor vehicle: | ||
(i) is in the possession of the person; | ||
(ii) is more than eight years old; | ||
(iii) either has no motor or is otherwise | ||
totally inoperable or does not comply with all applicable air | ||
pollution emissions control related requirements included in[ |
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maintenance requirements contained in the Public Safety | ||
Commission's motor vehicle emissions inspection and maintenance | ||
program under Subchapter F, Chapter 548, or the state's air quality | ||
state implementation plan; and | ||
(iv) was authorized to be towed by a law | ||
enforcement agency; and | ||
(B) the law enforcement agency approves the | ||
application. | ||
SECTION 48. Section 683.071, Transportation Code, as | ||
amended by Chapters 720 (H.B. 787) and 753 (H.B. 1376), Acts of the | ||
82nd Legislature, Regular Session, 2011, is reenacted and amended | ||
to read as follows: | ||
Sec. 683.071. DEFINITION AND APPLICABILITY. (a) In this | ||
subchapter, "junked vehicle" means a vehicle that: | ||
(1) is self-propelled; and | ||
(2) is: | ||
(A) wrecked, dismantled or partially dismantled, | ||
or discarded; or | ||
(B) inoperable and has remained inoperable for | ||
more than: | ||
(i) 72 consecutive hours, if the vehicle is | ||
on public property; or | ||
(ii) 30 consecutive days, if the vehicle is | ||
on private property. | ||
(b) For purposes of this subchapter, "junked vehicle" | ||
includes a motor vehicle, aircraft, or watercraft. This subchapter | ||
applies only to: | ||
(1) a motor vehicle that displays an expired license | ||
plate [ |
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display a license plate [ |
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(2) an aircraft that does not have lawfully printed on | ||
the aircraft an unexpired federal aircraft identification number | ||
registered under Federal Aviation Administration aircraft | ||
registration regulations in 14 C.F.R. Part 47; or | ||
(3) a watercraft that: | ||
(A) does not have lawfully on board an unexpired | ||
certificate of number; and | ||
(B) is not a watercraft described by Section | ||
31.055, Parks and Wildlife Code. | ||
SECTION 49. The following statutes are repealed: | ||
(1) Section 548.053(c), Transportation Code; | ||
(2) Section 548.255, Transportation Code; | ||
(3) Section 548.257, Transportation Code; | ||
(4) Section 548.602, Transportation Code; | ||
(5) Section 548.603(e)(2), Transportation Code; | ||
(6) Section 548.603(f), Transportation Code, as added | ||
by Chapter 1069 (S.B. 1856), Acts of the 75th Legislature, Regular | ||
Session, 1997; and | ||
(7) Section 548.605, Transportation Code. | ||
SECTION 50. Article 45.003, Code of Criminal Procedure, | ||
Section 103.0213, Government Code, and Sections 521.3465, 548.603, | ||
and 548.6035, Transportation Code, as amended by this Act, apply | ||
only to an offense committed on or after January 1, 2015. An offense | ||
committed before January 1, 2015, is governed by the law in effect | ||
on the date the offense was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this section, | ||
an offense was committed before January 1, 2015, if any element of | ||
the offense occurred before that date. | ||
SECTION 51. (a) Not later than January 1, 2014, the Texas | ||
Department of Motor Vehicles, the Texas Department of Public | ||
Safety, and the Texas Commission on Environmental Quality shall | ||
adopt rules necessary to implement the changes in law made by this | ||
Act. | ||
(b) Not later than January 1, 2014, the Department of Public | ||
Safety shall create the database described by Section 548.251, | ||
Transportation Code, as amended by this Act, and require inspection | ||
stations to submit to the database the information required by | ||
Section 548.253, Transportation Code, as amended by this Act. | ||
SECTION 52. (a) Except as otherwise provided by Subsection | ||
(b) of this section, this Act takes effect January 1, 2015. | ||
(b) Section 51 of this Act takes effect September 1, 2013. |