Bill Text: TX HB3296 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to transferring the motor vehicle inspection program from the Texas Department of Public Safety to the Texas Department of Motor Vehicles.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-04-18 - Left pending in committee [HB3296 Detail]

Download: Texas-2011-HB3296-Introduced.html

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82R14372 T
By: Harper-Brown H.B. No. 3296

A BILL TO BE ENTITLED
AN ACT
relating to transferring the motor vehicle inspection program from
the Texas Department of Public Safety to the Texas Department of
Motor Vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 382, Health and Safety
Code Code, is amended by amending Section 382.201 to read as
follows:
Sec. 382.201. DEFINITIONS. In this subchapter:
(1) "Affected county" means a county with a motor
vehicle emissions inspection and maintenance program established
under Section 548.301, Transportation Code.
(2) "Commercial vehicle" means a vehicle that is owned
or leased in the regular course of business of a commercial or
business entity.
(3) "Department" means the Texas Department of Motor
Vehicles
(4)(3) "Fleet vehicle" means a motor vehicle
operated as one of a group that consists of more than 10 motor
vehicles and that is owned and operated by a public or commercial
entity or by a private entity other than a single household.
(5)(4) "Participating county" means an affected
county in which the commissioners court by resolution has chosen to
implement a low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement program authorized by Section
382.209.
(6)(5) "Retrofit" means to equip, or the
equipping of, an engine or an exhaust or fuel system with new,
emissions-reducing parts or equipment designed to reduce air
emissions and improve air quality, after the manufacture of the
original engine or exhaust or fuel system, so long as the parts or
equipment allow the vehicle to meet or exceed state and federal air
emissions reduction standards.
(7)(6) "Retrofit equipment" means
emissions-reducing equipment designed to reduce air emissions and
improve air quality that is installed after the manufacture of the
original engine or exhaust or fuel system.
(8)(7) "Vehicle" includes a fleet vehicle.
SECTION 2. Section 382.202, Health and Safety Code Code, is
amended to read as follows:
Sec. 382.202. VEHICLE EMISSIONS INSPECTION AND MAINTENANCE
PROGRAM. (a) The commission by resolution may request the
department Public Safety Commission to establish a vehicle
emissions inspection and maintenance program under Subchapter F,
Chapter 548, Transportation Code, in accordance with this section
and rules adopted under this section. The commission by rule may
establish, implement, and administer a program requiring
emissions-related inspections of motor vehicles to be performed at
inspection facilities consistent with the requirements of the
federal Clean Air Act (42 U.S.C. Section 7401 et seq.) and its
subsequent amendments.
(b) The commission by rule may require emissions-related
inspection and maintenance of land vehicles, including testing
exhaust emissions, examining emission control devices and systems,
verifying compliance with applicable standards, and other
requirements as provided by federal law or regulation.
(c) If the program is established under this section, the
commission:
(1) shall adopt vehicle emissions inspection and
maintenance requirements for certain areas as required by federal
law or regulation; and
(2) shall adopt vehicle emissions inspection and
maintenance requirements for counties not subject to a specific
federal requirement in response to a formal request by resolutions
adopted by the county and the most populous municipality within the
county according to the most recent federal decennial census.
(d) On adoption of a resolution by the commission and after
proper notice, the department Department of Public Safety of the
State of Texas shall implement a system that requires, as a
condition of obtaining an electronic inspection authorization a
safety inspection certificate issued under Subchapter C, 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
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.
(e) The department and the commission, at the time of
vehicle registration or reregistration, commission may assess fees
for vehicle emissions-related inspections performed at inspection
or reinspection facilities authorized and licensed by the
department commission in amounts reasonably necessary to recover
the costs of developing, administering, evaluating, and enforcing
the vehicle emissions inspection and maintenance program. If the
program relies on privately operated or contractor-operated
inspection or reinspection stations, an appropriate portion of the
fee as determined by department commission rule may be retained by
the station owner, contractor, or operator to recover the cost of
performing the inspections and provide for a reasonable margin of
profit. Any portion of the fee collected by the commission is a
Clean Air Act fee under Section 382.0622.
(f) The department commission:
(1) shall, no less frequently than biennially, review
the fee established under Subsection (e); and
(2) may use part of the fee collected under Subsection
(e) to provide incentives, including financial incentives, for
participation in the testing network to ensure availability of an
adequate number of testing stations.
(g) The department commission shall:
(1) use part of the fee collected under Subsection (e)
to fund low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement programs created under Section
382.209; and
(2) to the extent practicable, distribute available
funding created under Subsection (e) to participating counties in
reasonable proportion to the amount of fees collected under
Subsection (e) in those counties or in the regions in which those
counties are located.
(h) Regardless of whether different tests are used for
different vehicles as determined under Section 382.205, the
department commission may:
(1) set fees assessed under Subsection (e) at the same
rate for each vehicle in a county or region; and
(2) set different fees for different counties or
regions.
(i) The commission shall examine the efficacy of annually
inspecting diesel vehicles for compliance with applicable federal
emission standards, compliance with an opacity or other
emissions-related standard established by commission rule, or both
and shall implement that inspection program if the commission
determines the program would minimize emissions. For purposes of
this subsection, a diesel engine not used in a vehicle registered
for use on public highways is not a diesel vehicle.
(j) The commission may not establish, before January 1,
2004, vehicle fuel content standards to provide for vehicle fuel
content for clean motor vehicle fuels for any area of the state that
are more stringent or restrictive than those standards promulgated
by the United States Environmental Protection Agency applicable to
that area except as provided in Subsection (o) unless the fuel is
specifically authorized by the legislature.
(k) The commission by rule may establish classes of vehicles
that are exempt from vehicle emissions inspections and by rule may
establish procedures to allow and review petitions for the
exemption of individual vehicles, according to criteria
established by commission rule. Rules adopted by the commission
under this subsection must be consistent with federal law. The
department commission by rule may establish fees to recover the
costs of administering this subsection. Fees collected under this
subsection shall be deposited to the credit of the clean air
account, an account in the general revenue fund, and may be used
only for the purposes of this section.
(l) Except as provided by this subsection, a person who
sells or transfers ownership of a motor vehicle for which an
electronic inspection authorization a vehicle emissions inspection
certificate has been issued is not liable for the cost of emission
control system repairs that are required for the vehicle
subsequently to receive an electronic inspection authorization
emissions inspection certificate. This subsection does not apply
to repairs that are required because emission control equipment or
devices on the vehicle were removed or tampered with before the sale
or transfer of the vehicle.
(m) The department commission may conduct audits to
determine compliance with this section.
(n) The department commission may suspend the emissions
inspection program as it applies to pre-1996 vehicles in an
affected county if:
(1) the department certifies that the number of
pre-1996 vehicles in the county subject to the program is 20 percent
or less of the number of those vehicles that were in the county on
September 1, 2001; and
(2) an alternative testing methodology that meets or
exceeds United States Environmental Protection Agency requirements
is available.
(o) The commission may not require the distribution of Texas
low-emission diesel as described in revisions to the State
Implementation Plan for the control of ozone air pollution prior to
February 1, 2005.
(p) The commission may consider, as an alternative method of
compliance with Subsection (o), fuels to achieve equivalent
emissions reductions.
(q) Repealed by Acts 2007, 80th Leg., R.S., Ch. 262, Sec.
1.10(2), eff. June 8, 2007.
(r) Repealed by Acts 2007, 80th Leg., R.S., Ch. 262, Sec.
1.10(2), eff. June 8, 2007.
SECTION 3. Section 382.203 (c), Health and Safety Code
Code, is amended to read as follows: (c) The department
Department of Public Safety of the State of Texas by rule may waive
program requirements, in accordance with standards adopted by the
commission, for certain vehicles and vehicle owners, including:
(1) the registered owner of a vehicle who cannot
afford to comply with the program, based on reasonable income
standards;
(2) a vehicle that cannot be brought into compliance
with emissions standards by performing repairs;
(3) a vehicle:
(A) on which at least $100 has been spent to bring
the vehicle into compliance; and
(B) that the department:
(i) can verify was driven fewer than 5,000
miles since the last safety inspection; and
(ii) reasonably determines will be driven
fewer than 5,000 miles during the period before the next safety
inspection is required; and
(4) a vehicle for which parts are not readily
available.
SECTION 4. Section 382.204 (a), Health and Safety Code
Code, is amended to read as follows: (a) The commission and the
department Department of Public Safety of the State of Texas
jointly shall develop a program component for enforcing vehicle
emissions testing and standards by use of remote or automatic
emissions detection and analysis equipment.
SECTION 5. Section 382.205, Health and Safety Code Code, is
amended to read as follows:
Sec. 382.205. INSPECTION EQUIPMENT AND PROCEDURES. (a)
The department commission by rule may adopt:
(1) standards and specifications for motor vehicle
emissions testing equipment;
(2) recordkeeping and reporting procedures; and
(3) measurable emissions standards a vehicle must meet
to pass the inspection.
(b) In adopting standards and specifications under
Subsection (a), the department commission may require different
types of tests for different vehicle models.
(c) In consultation with the Department of Public Safety of
the State of Texas, the commission The department may contract with
one or more private entities to provide testing equipment,
training, and related services to inspection stations in exchange
for part of the testing fee. A contract under this subsection may
apply to one specified area of the state or to the entire state. The
department commission at least once during each year shall review
each contract entered into under this subsection to determine
whether the contracting entity is performing satisfactorily under
the terms of the contract. Immediately after completing the
review, the department commission shall prepare a report
summarizing the review and send a copy of the report to the speaker
of the house of representatives, the lieutenant governor, and the
governor.
(d) The department 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 electronic
inspection authorization emissions inspection certificate.
(e) The commission and the department Department of Public
Safety of the State of Texas by joint rule may adopt procedures to
encourage a stable private market for providing emissions testing
to the public in all areas of an affected county, including:
(1) allowing facilities to perform one or more types
of emissions tests; and
(2) any other measure the commission and the
department Department of Public Safety consider appropriate.
(f) Rules and procedures under this section must ensure that
approved repair facilities participating in a low-income vehicle
repair assistance, retrofit, and accelerated vehicle retirement
program established under Section 382.209 have access to adequate
testing equipment.
(g) Subject to Subsection (h), the commission and the
department Department of Public Safety of the State of Texas by rule
may allow alternative vehicle emissions testing if:
(1) the technology provides accurate and reliable
results;
(2) the technology is widely and readily available to
persons interested in performing alternative vehicle emissions
testing; and
(3) the use of alternative testing is not likely to
substantially affect federal approval of the state's air quality
state implementation plan.
(h) A rule adopted under Subsection (g) may not be more
restrictive than federal regulations governing vehicle emissions
testing.
SECTION 6. Section 382.206, Health and Safety Code Code, is
amended to read as follows: (a) The commission and the
Department of Public Safety of the State of Texas may collect
inspection and maintenance information derived from the emissions
inspection and maintenance program, including:
(1) inspection results;
(2) inspection station information;
(3) information regarding vehicles operated on
federal facilities;
(4) vehicle registration information; and
(5) other data the United States Environmental
Protection Agency requires.
(b) The department commission shall:
(1) report the information to the United States
Environmental Protection Agency; and
(2) compare the information on inspection results with
registration information for enforcement purposes.
SECTION 7. Section 382.207, Health and Safety Code Code, is
amended to read as follows:
Sec. 382.207. INSPECTION STATIONS; QUALITY CONTROL AUDITS.
(a) The Department of Public Safety of the State of Texas by rule
shall adopt standards and procedures for establishing vehicle
emissions inspection stations authorized and licensed by the state.
(b) A vehicle emissions inspection may be performed at a
decentralized independent inspection station or at a centralized
inspection facility operated or licensed by the state. In
developing the program for vehicle emissions inspections, the
Department of Public Safety shall make all reasonable efforts to
preserve the present decentralized system.
(c) The department, after After consultation with the Texas
Department of Transportation, the commission shall require state
and local transportation planning entities designated by the
department commission to prepare long-term projections of the
combined impact of significant planned transportation system
changes on emissions and air quality. The projections shall be
prepared using air pollution estimation methodologies established
jointly by the commission and the Texas Department of Motor
Vehicles Transportation. This subsection does not restrict the
Texas Department of Transportation's function as the
transportation planning body for the state or its role in
identifying and initiating specific transportation-related
projects in the state.
(d) The Department of Public Safety may authorize
enforcement personnel or other individuals to remove, disconnect,
adjust, or make inoperable vehicle emissions control equipment,
devices, or systems and to operate a vehicle in the tampered
condition in order to perform a quality control audit of an
inspection station or other quality control activities as necessary
to assess and ensure the effectiveness of the vehicle emissions
inspection and maintenance program.
(e) The Department of Public Safety shall develop a
challenge station program to provide for the reinspection of a
motor vehicle at the option of the owner of the vehicle to ensure
quality control of a vehicle emissions inspection and maintenance
system.
(f) The department commission may contract with one or more
private entities to operate a program established under this
section.
(g) In addition to other procedures established by the
commission, the commission shall establish procedures by which a
private entity with whom the commission has entered into a contract
to operate a program established under this section may agree to
perform:
(1) testing at a fleet facility or dealership using
mobile test equipment;
(2) testing at a fleet facility or dealership using
test equipment owned by the fleet or dealership but calibrated and
operated by the private entity's personnel; or
(3) testing at a fleet facility or dealership using
test equipment owned and operated by the private entity and
installed at the fleet or dealership facility.
(h) The fee for a test conducted as provided by Subsection
(g) shall be set by the commission in an amount not to exceed twice
the fee otherwise provided by law or by rule of the commission. An
appropriate portion of the fee, as determined by the commission,
may be remitted by the private entity to the fleet facility or
dealership.
SECTION 8. Section 382.208 (a), Health and Safety Code
Code, is amended to read as follows: (a) Except as provided by
Section 382.202(j) or another provision of this chapter, the
commission and the department shall coordinate with federal, state,
and local transportation planning agencies to develop and implement
transportation programs and other measures necessary to
demonstrate and maintain attainment of national ambient air quality
standards and to protect the public from exposure to hazardous air
contaminants from motor vehicles.
SECTION 9. Sections 382.209 (a),(b),(d). (e), and(j),
Health and Safety Code Code, are amended to read as follows:
Sec. 382.209. LOW-INCOME VEHICLE REPAIR ASSISTANCE,
RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM. (a) The
commission and the Texas Department of Motor Vehicles Board by
joint rule shall establish and authorize the commissioners court of
a participating county to implement a low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement program
subject to agency oversight that may include reasonable periodic
department commission audits.
(b) The department commission shall provide funding for
local low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement programs with available funds
collected under Section 382.202, 382.302, or other designated and
available funds. The programs shall be administered in accordance
with Chapter 783, Government Code. Program costs may include call
center management, application oversight, invoice analysis,
education, outreach, and advertising. Not more than 10 percent of
the money provided to a local low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program under this
section may be used for the administration of the programs,
including program costs.
(d) Subject to the availability of funds, a low-income
vehicle repair assistance, retrofit, and accelerated vehicle
retirement program established under this section shall provide
monetary or other compensatory assistance for:
(1) repairs directly related to bringing certain
vehicles that have failed a required emissions test into compliance
with emissions requirements;
(2) a replacement vehicle or replacement assistance
for a vehicle that has failed a required emissions test and for
which the cost of repairs needed to bring the vehicle into
compliance is uneconomical; and
(3) installing retrofit equipment on vehicles that
have failed a required emissions test, if practically and
economically feasible, in lieu of or in combination with repairs
performed under Subdivision (1). The commission and the Department
of Public Safety of the State of Texas shall establish standards and
specifications for retrofit equipment that may be used under this
section.
(e) A vehicle is not eligible to participate in a low-income
vehicle repair assistance, retrofit, and accelerated vehicle
retirement program established under this section unless:
(1) the vehicle is capable of being operated;
(2) the registration of the vehicle:
(A) is current; and
(B) reflects that the vehicle has been registered
in the county implementing the program for the 12 months preceding
the application for participation in the program;
(3) the commissioners court of the county
administering the program determines that the vehicle meets the
eligibility criteria adopted by the commission, and the Texas
Department of Motor Vehicles, and the Public Safety Commission;
(4) if the vehicle is to be repaired, the repair is
done by a repair facility recognized by the Department of Public
Safety, which may be an independent or private entity licensed by
the state; and
(5) if the vehicle is to be retired under this
subsection and Section 382.213, the replacement vehicle is a
qualifying motor vehicle.
(j) The department commission may provide monetary or other
compensatory assistance under the low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement program
for a replacement vehicle or replacement assistance for a pre-1996
model year replacement vehicle that passes the required United
States Environmental Protection Agency Start-Up Acceleration
Simulation Mode Standards emissions test but that would have failed
the United States Environmental Protection Agency Final
Acceleration Simulation Mode Standards emissions test or failed to
meet some other criterion determined by the department or the
commission; provided, however, that a replacement vehicle under
this subsection must be a qualifying motor vehicle.
SECTION 10. Sections 382.210 (a), (c), and (e), Health and
Safety Code Code, are amended to read as follows: (a) The
department commission by rule shall adopt guidelines to assist a
participating county in implementing a low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement program
authorized under Section 382.209. The guidelines at a minimum
shall recommend:
(1) a minimum and maximum amount for repair
assistance;
(2) a minimum and maximum amount toward the purchase
price of a replacement vehicle qualified for the accelerated
retirement program, based on vehicle type and model year, with the
maximum amount not to exceed:
(A) $3,000 for a replacement car of the current
model year or the previous three model years, except as provided by
Paragraph (C);
(B) $3,000 for a replacement truck of the current
model year or the previous two model years, except as provided by
Paragraph (C); and
(C) $3,500 for a replacement hybrid vehicle of
the current model year or the previous model year;
(3) criteria for determining eligibility, taking into
account:
(A) the vehicle owner's income, which may not
exceed 300 percent of the federal poverty level;
(B) the fair market value of the vehicle; and
(C) any other relevant considerations;
(4) safeguards for preventing fraud in the repair,
purchase, or sale of a vehicle in the program; and
(5) procedures for determining the degree and amount
of repair assistance a vehicle is allowed, based on:
(A) the amount of money the vehicle owner has
spent on repairs;
(B) the vehicle owner's income; and
(C) any other relevant factors.
(c) The department commission may adopt any revisions made
by the federal government to the emissions standards described by
Subsection (b)(1).
(e) In rules adopted under this section, the department
commission shall require a mandatory procedure that:
(1) produces a document confirming that a person is
eligible to purchase a replacement vehicle in the manner provided
by this chapter, and the amount of money available to the
participating purchaser;
(2) provides that a person who seeks to purchase a
replacement vehicle in the manner provided by this chapter is
required to have the document required by Subdivision (1) before
the person enters into negotiation for a replacement vehicle in the
manner provided by this chapter; and
(3) provides that a participating dealer who relies on
a document issued as required by Subdivision (1) has no duty to
otherwise confirm the eligibility of a person to purchase a
replacement vehicle in the manner provided by this chapter.
SECTION 11. Sections 382.213, (a) and (h), Health and
Safety Code Code, is amended to read as follows: (a) Except as
provided by Subsection (c) and Subdivision (5) of this subsection,
a vehicle retired under an accelerated vehicle retirement program
authorized by Section 382.209 may not be resold or reused in its
entirety in this or another state. Subject to the provisions of
Subsection (i), the automobile dealer who takes possession of the
vehicle must submit to the program administrator proof, in a manner
adopted by the department commission, that the vehicle has been
retired. The vehicle must be:
(1) destroyed;
(2) recycled;
(3) dismantled and its parts sold as used parts or used
in the program;
(4) placed in a storage facility of a program
established under Section 382.209 and subsequently destroyed,
recycled, or dismantled and its parts sold or used in the program;
or
(5) repaired, brought into compliance, and used as a
replacement vehicle under Section 382.209(d)(2).
(h) For purposes of this section, the department commission
shall adopt rules defining "emissions control equipment" and
"engine."
SECTION 12. Section 382.216, Health and Safety Code Code,
is amended to read as follows:
Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
commission, and the Texas Department of Transportation, and the
Public Safety Commission may, subject to federal limitations:
(1) encourage counties likely to exceed federal clean
air standards to implement voluntary:
(A) motor vehicle emissions inspection and
maintenance programs; and
(B) low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement programs;
(2) establish incentives for counties to voluntarily
implement motor vehicle emissions inspection and maintenance
programs and low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement programs; and
(3) designate a county that voluntarily implements a
motor vehicle emissions inspection and maintenance program or a
low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program as a "Clean Air County" and give
preference to a county designated as a Clean Air County in any
federal or state clean air grant program.
SECTION 13. Section 382.220, (b) and (d) Health and Safety
Code, is amended to read as follows: (b) A program under this
section must be implemented in consultation with the department
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 number of
illegally inspected vehicles use of counterfeit state inspection
stickers by providing local law enforcement officials with funds to
identify vehicles with counterfeit state inspection stickers and to
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 department commission provides money to a county
in the same amount that the county dedicates to a project authorized
by Subsection (b). The department 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 illegal
inspection of motor vehicles use of counterfeit state inspection
stickers.
SECTION 14. Subchapter H, Chapter 382, Health and Safety
Code Code, is amended by amending Section 382.302 (b) and (c) to
read as follows: (b) After approving a request made under
Subsection (a), the commission by resolution may request the Texas
Department of Motor Vehicles Board Public Safety Commission to
establish motor vehicle emissions inspection and maintenance
program requirements for the participating county under Subchapter
F, Chapter 548, Transportation Code, in accordance with this
section and rules adopted under this section. The motor vehicle
emissions inspection and maintenance program requirements for the
participating county may include exhaust emissions testing,
emissions control devices and systems inspections, or other testing
methods that meet or exceed United States Environmental Protection
Agency requirements, and a remote sensing component as provided by
Section 382.204. The motor vehicle emissions inspection and
maintenance program requirements adopted for the participating
county may apply to all or to a defined subset of vehicles described
by Section 382.203.
(c) The department and the commission, at the time of
vehicle registration or reregistration, may assess fees for vehicle
emissions-related inspections performed at inspection or
reinspection facilities authorized and licensed by the department
in amounts reasonably necessary to recover the costs of developing,
administering, evaluating, and enforcing the vehicle emissions
inspection and maintenance program. The commission may assess a
fee for a vehicle inspection performed in accordance with a program
established under this section. The fee must be in an amount
reasonably necessary to recover the costs of developing,
administering, evaluating, and enforcing the participating
county's motor vehicle emissions inspection and maintenance
program. An appropriate part of the fee as determined by commission
rule may be retained by the station owner, contractor, or operator
to recover the cost of performing the inspection and provide for a
reasonable margin of profit.
SECTION 15. Subchapter A, Chapter 501, Transportation Code,
is amended by amending Section 501.0276 to read as follows:
Sec. 501.0276. DENIAL OF TITLE RECEIPT OR CERTIFICATE OF
TITLE FOR FAILURE TO PROVIDE PROOF OF VEHICLE INSPECTION EMISSIONS
TESTING. A county assessor-collector shall may not issue a title
receipt and the department shall may not issue a certificate of
title for a vehicle subject to Section 548 unless proof that the
vehicle has passed a vehicle inspection emissions test as required
by that section, in a form authorized by that section, is presented
to the county assessor-collector with the application for
certificate of title.
SECTION 16. Subchapter A, Chapter 502, Transportation Code,
is amended by amending Section 502.009 to read as follows:
Sec. 502.009. MOTOR VEHICLE EMISSIONS INSPECTION AND
MAINTENANCE REQUIREMENTS. (a) The department Department of Public
Safety shall ensure compliance with the motor vehicle emissions
inspection and maintenance program required by Section 548 through
a vehicle registration based denial system. inspection
sticker-based enforcement system except as provided by this section
or Section 548.3011. Subsections (b)-(e) apply only if the United
States Environmental Protection Agency determines that the state
has not demonstrated, as required by 40 C.F.R. Section 51.361, that
sticker-based enforcement of the program is more effective than
registration-based enforcement and gives the Texas Natural
Resource Conservation Commission or the governor written
notification that the reregistration-based enforcement of the
program, as described by those subsections, will be required. If
Subsections (b)-(e) are made applicable as provided by this
subsection, the department shall terminate reregistration-based
enforcement of the program under those subsections on the date the
United States Environmental Protection Agency gives the Texas
Natural Resource Conservation Commission or a person the commission
designates written notification that reregistration-based
enforcement is not required for the state implementation plan.
(b) The department may not register a motor vehicle if the
department receives from the Texas Natural Resource Conservation
Commission or the Department of Public Safety notification that the
registered owner of the vehicle has not complied with Chapter 548.
(c) The county tax assessor-collector may not register a
vehicle denied registration under Subsection (b) unless the tax
assessor-collector has verification that the registered vehicle
owner is in compliance with Subchapter F, Chapter 548.
(d) The department, and the Texas Commission on
Environmental Quality Natural Resource Conservation Commission,
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 Subchapter F, Chapter 548.
SECTION 17. Subchapter A, Chapter 548, Transportation Code,
is amended by amending Section 548.001 to read as follows:
Sec. 548.001. DEFINITIONS. In this chapter:
(1) "Commercial motor vehicle" means a self-propelled
or towed vehicle, other than a farm vehicle with a gross weight,
registered weight, or gross weight rating of less than 48,000
pounds, that is used on a public highway to transport passengers or
cargo if:
(A) the vehicle, including a school activity bus
as defined in Section 541.201, or combination of vehicles has a
gross weight, registered weight, or gross weight rating of more
than 26,000 pounds;
(B) the vehicle, including a school activity bus
as defined in Section 541.201, is designed or used to transport more
than 15 passengers, including the driver; or
(C) the vehicle is used to transport hazardous
materials in a quantity requiring placarding by a regulation issued
under the Hazardous Materials Transportation Act (49 U.S.C. Section
5101 et seq.).
(2) "Commission" means the Public Safety Commission.
(3) "Conservation commission" means the Texas
Commission on Environmental Quality.
(4) "Department" means the Department of Motor
Vehicles Public Safety.
(5) "Farm vehicle" has the meaning assigned by the
federal motor carrier safety regulations.
(6) "Federal motor carrier safety regulation" has the
meaning assigned by Section 644.001.
(7) "Inspection station" means a facility certified to
conduct inspections of vehicles under this chapter.
(8) "Inspector" means an individual certified to
conduct inspections of vehicles under this chapter.
(9) "Nonattainment area" means an area so designated
within the meaning of Section 107(d) of the Clean Air Act (42 U.S.C.
Section 7407).
(10) "Board" means Texas Department of Motor Vehicles
Board
(11) "electronic inspection authorization" means an
inspection authorization that is generated electronically through
the vehicle inspection database that creates a unique
nonduplicating authorization number assigned to the vehicle's
inspection report upon successful passage of an inspection. The
term 'electronic inspection authorization' shall include the
term 'inspection certificate' during the transition period to use
of electronic inspection authorizations.
SECTION 18. 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. An
officer, employee, or inspector of the subdivision or agency may
not place an inspection certificate received from the department
under this section on a vehicle not owned by the subdivision or
agency.
SECTION 19. Section 548.006, Transportation Code, is
amended to read as follows:
Sec. 548.006. ADVISORY COMMITTEE. (a) An advisory
committee consisting of a minimum of ten {nine} members shall:
(1) advise the conservation commission and the
department on the conservation commission's and department's rules
relating to the operation of the vehicle inspection program under
this chapter;
(2) make recommendations to the conservation
commission and the department relating to the content of rules
involving the operation of the vehicle inspection program; and
(3) perform any other advisory function requested by
the conservation commission or the department in administering this
chapter and Chapter 382, Health and Safety Code.
(b) The members of the Department of Motor Vehicles Board
commission shall appoint {seven} members of the committee as
follows:
(1) four persons to represent inspection station
owners and operators, with two of those persons from counties
conducting vehicle emissions testing under Subchapter F and two of
those persons from counties conducting safety only inspections,
appointed based on recommendations provided by an existing
association of owners and operators;
(2) one person to represent manufacturers of motor
vehicle emissions inspection devices;
(3) two persons {one person) to represent independent
vehicle {equipment} repair technicians, appointed based on
recommendations provided by an existing association of repair
technicians; and
(4) two persons, appointed by the Department of Motor
Vehicles, to represent the public at large. {one person to
represent the public interest.}
(c) In addition to members appointed under subsection (b);
each regional council of governments created under Chapter 391,
Local Government Code, may appoint 1 member to the committee.
(d)(c) The presiding officer of the conservation commission
and the presiding officer of the Department of Motor Vehicles
commission shall each appoint one member of the committee who will
alternate serving as the presiding officer of the committee.
(e)(d) Committee members serve staggered three-year terms.
(f)(e) A vacancy on the committee is filled in the same
manner as other appointments to the committee.
(g)(f) A member of the committee is not entitled to
compensation, but is entitled to reimbursement of the member's
travel expenses as provided in the General Appropriations Act for
state employees.
(h)(g) The committee may elect an assistant presiding
officer and a secretary from among its members and may adopt rules
for the conduct of its own activities.
(i)(h) The committee is entitled to review and comment on
rules to be considered for adoption by the conservation commission,
the commission, or the department_under this chapter or Chapter
382, Health and Safety Code, before the rules are adopted.
(j)(i) The committee shall hold a meeting at least once each
quarter.
(k)(j) Chapter 2110, Government Code, does not apply to the
committee.
(l) The committee shall provide a report to the Legislature,
at minimum, on a bi-annual basis regarding the review of any changes
to rule or statute.
SECTION 20. Section 548.008, Transportation Code, is
amended to read as follows:
Sec. 548.008. VEHICLE INSPECTION PROGRAM DIRECTOR. (a)
The vehicle inspection program is managed by a program director.
The program director may not be a commissioned officer.
(b) The office of the vehicle inspection program director
must be located in Austin, Texas.
(c) The duties of the program director include:
(1) responsibility for the quality of the vehicle
inspection program;
(2) coordination of the regional offices;
(3) compilation of regional and statewide performance
data;
(4) the establishment of best practices and
distribution of those practices to the regional offices;
(5) setting goals for the entire program, in
consultation with the Department of Motor Vehicles Board public
safety director or the public safety director's designee, and
setting goals for each regional office in consultation with the
regional managers;
(6) monitoring the progress toward the goals set in
Subdivision (5) and evaluating the program based on that progress;
and
(7) coordination with the Texas Highway Patrol, local
law enforcement personnel, and councils of government to enforce
provisions related to vehicle inspection.
(d) The regional offices shall make reports as requested by
the program director.
SECTION 21. Subchapter B, Chapter 548, Transportation Code,
is amended by amending Section 548.053 to read as follows:
Sec. 548.053. REINSPECTION OF VEHICLE REQUIRING
ADJUSTMENT, CORRECTION, OR REPAIR. (a) If an inspection discloses
the necessity for adjustment, correction, or repair, an inspection
station or inspector may not issue an electronic inspection
authorization or passing vehicle inspection report inspection
certificate 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.
(b) A vehicle that is inspected and is subsequently involved
in an accident affecting the safe operation of an item of inspection
must be reinspected following repair. The reinspection must be at
an inspection station and shall be treated and charged as an initial
inspection.
(c) If a vehicle subject to this chapter is damaged to the
apparent extent that it would require repair before passing
inspection, the investigating officer shall remove the inspection
certificate from the vehicle windshield and give the operator of
the vehicle a dated receipt. The vehicle must be reinspected not
later than the 30th day after the date shown on the receipt.
SECTION 22. Subchapter C, Chapter 548, Transportation Code,
is amended by amending Section 548.101 to read as follows:
Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. (a)
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.
(b) A vehicle that is required to be inspected in accordance
with this section may be inspected 90 days prior to midnight of the
last day of the month as designated by the vehicle registration
sticker.
(c) A vehicle subject to inspection in accordance with this
section must be inspected by the last day of the month in which the
registration on the vehicle expires.
(d) An electronic inspection authorization issued under
this chapter expires at midnight of the last day of the month
designated by the vehicle registration sticker of the following
year.
SECTION 23. Section 548.104, Transportation Code, is
amended to read as follows:
Sec. 548.104. EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE
OF ELECTRONIC INSPECTION AUTHORIZATION INSPECTION CERTIFICATE.
(a) The department commission shall adopt uniform standards of
safety applicable to each item required to be inspected by Section
548.051. The standards and the list of items to be inspected shall
be posted in each inspection station.
(b) An inspection station or inspector may issue an
electronic inspection authorization or passing vehicle inspection
report inspection certificate 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 electronic inspection authorization or passing vehicle
inspection report inspection certificate.
(d) An inspection station or inspector may not issue an
electronic inspection authorization or passing vehicle inspection
report inspection certificate 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 electronic inspection authorization
or passing vehicle inspection report inspection certificate for a
vehicle exempt under Section 547.613(c).
(e) The department shall adopt rules relating to inspection
of and issuance of an electronic inspection authorization or
passing vehicle inspection report inspection certificate for a
moped.
SECTION 24. 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 electronic
inspection authorization or passing vehicle inspection report
inspection certificate 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 electronic inspection
authorization or passing vehicle inspection report inspection
certificate 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 25. Subchapter D, Chapter 548, Transportation Code,
is amended by amending Section 548.201 to read as follows:
Sec. 548.201. COMMERCIAL MOTOR VEHICLE INSPECTION PROGRAM.
(a) The department commission shall establish an inspection
program for commercial motor vehicles that:
(1) meets the requirements of federal motor carrier
safety regulations; and
(2) requires a commercial motor vehicle registered in
this state to pass an annual inspection of all safety equipment
required by the federal motor carrier safety regulations.
(b) A program under this section also applies to any:
(1) vehicle or combination of vehicles with a gross
weight rating of more than 10,000 pounds that is operated in
interstate commerce and registered in this state;
(2) school activity bus, as defined in Section
541.201, that has a gross weight, registered weight, or gross
weight rating of more than 26,000 pounds, or is designed to
transport more than 15 passengers, including the driver; and
(3) school bus that will operate at a speed authorized
by Section 545.352(b)(5)(A).
SECTION 26. Section 548.203, Transportation Code, is
amended to read as follows:
Sec. 548.203. EXEMPTIONS. The department commission by
rule may exempt a type of commercial motor vehicle from the
application of this subchapter if the vehicle:
(1) was manufactured before September 1, 1995;
(2) is operated only temporarily on a highway of this
state and at a speed of less than 30 miles per hour; and
(3) complies with Section 548.051 and each applicable
provision in Title 49, Code of Federal Regulations.
SECTION 27. Subchapter E, Chapter 548, Transportation Code,
is amended by amending Sections 548.251 through 548.255 to read as
follows:
Sec. 548.251. DEPARTMENT TO PROVIDE ELECTRONIC INSPECTION
AUTHORIZATIONS INSPECTION CERTIFICATES AND VERIFICATION FORMS.
The department shall provide or transmit serially numbered
electronic inspection authorizations inspection certificates and
verification forms to inspection stations. The department may
issue a unique inspection certificate for:
(1) a commercial motor vehicle inspected under Section
548.201; or
(2) a vehicle inspected under Subchapter F.
Sec. 548.252. SAFEKEEPING AND CONTROL OF INSPECTION
CERTIFICATES AND VERIFICATION FORMS. On being licensed, an
inspector or owner of an inspection station shall:
(1) provide for the safekeeping of inspection
certificates and verification forms;
(2) safeguard the certificates and forms against
theft, loss, or damage;
(3) control the sequence of issuance of the
certificates and forms; and
(4) ensure that the certificates and forms are issued
in accordance with department rules.
Sec. 548.253. INFORMATION TO BE RECORDED ON ISSUANCE OF
electronic inspection authorization, passing vehicle inspection
report, INSPECTION CERTIFICATE AND VERIFICATION FORM. An
inspection station or inspector, on issuing an electronic
inspection authorization, passing vehicle inspection report,
inspection certificate and verification form, shall:
(1) make a record and report as prescribed by the
department of the inspection and electronic inspection
authorization certificate issued; and
(2) include in the electronic inspection
authorization inspection certificate and verification form the
information required by the department for the type of vehicle
inspected.
Sec. 548.254. VALIDITY OF electronic inspection
authorization INSPECTION CERTIFICATE. An electronic inspection
authorization inspection certificate is invalid after the end of
the 12th month following the month in which the certificate is
issued. An unused inspection certificate representing a previous
inspection period may not be issued after the beginning of the next
period.
Sec. 548.255. ATTACHMENT OR PRODUCTION OF INSPECTION
CERTIFICATE. (a) An inspection certificate shall be attached to or
produced for a vehicle in the manner required by department rule.
(b) The department shall:
(1) require that a certificate for a motorcycle be
attached to the rear of the motorcycle near the license plate; and
(2) adopt rules with respect to display of an
inspection certificate for a moped.
SECTION 28. Subchapter E, Chapter 548, Transportation Code,
is amended by deleting Section 548.257 and amending Section
548.258 to read as follows:
Sec. 548.257. LOST, STOLEN, OR DESTROYED CERTIFICATE. (a)
If an inspection certificate is lost, stolen, or destroyed during
the period during which the certificate is valid, the vehicle must
be reinspected and any applicable fee paid before a new certificate
is issued, except that the vehicle is not subject to any emissions
inspection. The replacement certificate is valid for the remaining
period of validity of the original certificate.
(b) The department by rule shall specify the method for
establishing that:
(1) the certificate has been lost, stolen, or
destroyed; and
(2) the reinspection is within the period of validity
of the lost, stolen, or destroyed certificate.
(c) As part of its rules under Subsection (b), the
department shall adopt measures to ensure that the reinspection
procedure provided by this section is not used fraudulently to
avoid any required inspection.
Sec. 548.258. USE OF TEXASONLINE AND VEHICLE INSPECTION
DATABASE. (a) In this section, "TexasOnline" has the meaning
assigned by Section 2054.003, Government Code.
(b) The department shall may adopt rules to require an
inspection station to use TexasOnline or the Vehicle Inspection
Database to:
(1) issue an electronic inspection authorization
purchase inspection certificates; and or
(2) send to the department a record, report, or other
information required by the department.
(c) The department shall adopt rules to allow an inspection
station to use TexasOnline to renew an annual vehicle registration
of a motor vehicle.
(d) An inspection station may charge a convenience fee not
to exceed $15 for a registration renewal conducted pursuant to
subsection (c).
SECTION 29. Subchapter F, Chapter 548, Transportation Code,
is amended by amending Sections 548.301 through 548.304 to read as
follows
Sec. 548.301. DEPARTMENT COMMISSION TO ESTABLISH PROGRAM.
(a) The department commission shall establish a motor vehicle
emissions inspection and maintenance program for vehicles as
required by any law of the United States or the state's air quality
state implementation plan.
(b) The department commission by rule may establish a motor
vehicle emissions inspection and maintenance program for vehicles
specified by the conservation commission in a county for which the
conservation commission has adopted a resolution requesting the
department commission to establish such a program and for which the
county and the municipality with the largest population in the
county by resolution have formally requested a proactive air
quality plan consisting of such a program.
(b-1) The department commission by rule may establish a
motor vehicle emissions inspection and maintenance program for
vehicles subject to an early action compact as defined by Section
382.301, Health and Safety Code, that is consistent with the early
action compact.
(c) A program established under this section shall
Subsection (b) or (b-1) may include registration and
reregistration-based enforcement.
(d) A vehicle emissions inspection under this section may be
performed by the same facility that performs a safety inspection if
the facility is authorized and certified by the department to
perform the vehicle emissions inspection and certified by the
department to perform the safety inspection.
Sec. 548.3011. EMISSIONS TEST ON RESALE. (a) This section
applies only to a vehicle:
(1) the most recent certificate of title for which or
registration of which was issued in a county without a motor vehicle
emissions inspection and maintenance program; or and
(2) the ownership of which has changed and which has
been the subject of a retail, private sale or gift sale as defined
by Section 2301.002, Occupations Code, and will primarily be
operated in a county with a motor vehicle emissions inspection and
maintenance program.
(b) Notwithstanding Subsection (a), this section does not
apply to a vehicle that is a 2 year old 1996 or newer model that has
less than 50,000 miles.
(c) A vehicle subject to this section is not eligible for a
title receipt under Section 501.024, a certificate of title under
Section 501.027, or registration under Chapter 502 in a county with
a motor vehicle emissions inspection and maintenance program unless
proof is presented with the application for certificate of title,
or registration, as appropriate, that the vehicle, not earlier than
the 90th day before the date on which the new owner's application
for certificate of title, or registration is filed with the county
clerk or county assessor-collector, as appropriate, has passed an
approved vehicle emissions test in the county in which it is to be
titled or registered.
(d) The proof required by Subsection (c) may be in the form
of an electronic inspection authorization, a valid Vehicle
Inspection Report (VIR) or other proof of program compliance as
authorized by the department.
Sec. 548.302. DEPARTMENT OF MOTOR VEHICLES COMMISSION TO
ADOPT STANDARDS AND REQUIREMENTS. The department of motor vehicles
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 electronic inspection authorization inspection
certificate is not issued to a vehicle subject to a program
established under this subchapter unless the vehicle has passed a
motor vehicle emissions inspection at a facility authorized and
certified by the department of motor vehicles.
Sec. 548.303. PROGRAM ADMINISTRATION. The department of
motor vehicles commission shall administer the motor vehicle
emissions inspection and maintenance program under this
subchapter.
Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS
INSPECTIONS. (a) The department may authorize and certify
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.
(b) The department shall provide inspection certificates
for distribution and issuance at inspection stations certified by
the department.
SECTION 30. Section 548.306 (h), Transportation Code, is
amended to read as follows:(h) The Texas Department of Motor
Vehicles shall Transportation may deny reregistration of a vehicle
if the registered owner of the vehicle has received notification
under Subsection (c) and the vehicle has not passed a verification
emissions inspection.
SECTION 31. Section 548.307, Transportation Code, is
amended to read as follows:
Sec. 548.307. ALTERNATIVE TESTING METHODOLOGY FOR CERTAIN
COUNTIES. The department commission by rule may establish
procedures for testing and enforcing vehicle emissions standards by
use of alternative testing methodology that meets or exceeds United
States Environmental Protection Agency requirements in a county
participating in an early action compact under Subchapter H,
Chapter 382, Health and Safety Code.
SECTION 32. Subchapter G, Chapter 548, Transportation Code,
is amended by amending Section 548.401 to read as follows
Sec. 548.401. CERTIFICATION GENERALLY. A person may
perform an inspection or issue an electronic inspection
authorization inspection certificate only if certified to do so by
the department under rules adopted by the department.
SECTION 33. Section 548.405 (a), Transportation Code, is
amended to read as follows: (a) The department may deny a person's
application for a certificate, revoke or suspend the certificate of
a person, inspection station, or inspector, place on probation a
person who holds a suspended certificate, or reprimand a person who
holds a certificate if:
(1) the station or inspector conducts an inspection,
fails to conduct an inspection, or issues an electronic inspection
authorization a certificate:
(A) in violation of this chapter or a rule
adopted under this chapter; or
(B) without complying with the requirements of
this chapter or a rule adopted under this chapter;
(2) the person, station, or inspector commits an
offense under this chapter or violates this chapter or a rule
adopted under this chapter;
(3) the applicant or certificate holder does not meet
the standards for certification under this chapter or a rule
adopted under this chapter;
(4) the station or inspector does not maintain the
qualifications for certification or does not comply with a
certification requirement under Subchapter G;
(5) the certificate holder or the certificate holder's
agent, employee, or representative commits an act or omission that
would cause denial, revocation, or suspension of a certificate to
an individual applicant or certificate holder;
(6) the station or inspector does not pay a fee
required by Subchapter H; or
(7) the inspector or owner of an inspection station is
convicted of a:
(A) felony or Class A or Class B misdemeanor;
(B) similar crime under the jurisdiction of
another state or the federal government that is punishable to the
same extent as a felony or a Class A or Class B misdemeanor in this
state; or
(C) crime under the jurisdiction of another state
or the federal government that would be a felony or a Class A or
Class B misdemeanor if the crime were committed in this state.
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 electronic inspection authorization
inspection certificate with knowledge that the issuance 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 electronic inspection authorization
inspection certificate:
(A) without authorization to issue the
electronic inspection authorization certificate; or
(B) without inspecting the vehicle;
(4) issuing an electronic inspection authorization
inspection certificate 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 electronic inspection
authorization inspection certificate:
(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. Subchapter H, Chapter 548, Transportation Code,
is amended by amending Sections 548.501 through 548.505 to read as
follows:
Sec. 548.501. INSPECTION FEES GENERALLY. (a) Except as
provided by Sections 548.503 and 548.504, the fee for inspection of
a motor vehicle other than a moped is $12.50. The fee for
inspection of a moped is $5.75. The fee for a verification form
issued as required by Section 548.256 is $1.
(b) The registered vehicle owner at the time of annual
vehicle registration An inspection station shall pay to the
department $5.50 of each a fee determined by the department for an
inspection. The department may require the station to make an
advance payment of $5.50 for each inspection certificate provided
to the station. If advance payment is made:
(1) no further payment may be required on issuance of a
certificate;
(2) the inspection station may waive the fee due from
the owner of an inspected vehicle who is issued a certificate to
which the advance payment applies;
(3) the department shall refund to the inspection
station $5.50 for each unissued certificate that the station
returns to the department in accordance with department rules; and
(4) the conservation commission shall pay to the
department $2 for each unissued certificate that the station
returns to the department.
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 department an advance payment of
an amount determined by the department $5.50 for each electronic
inspection authorization inspection certificate provided to it;
and
(2) may not be required to pay the compulsory
inspection fee.
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 not exceed $21.75. 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 producing certificates, providing inspections, and
administering the program, but may not be less than $21.75.
(b) The department shall require the vehicle owner upon the
initial registration of the vehicle to pay a fee determined by the
department. an inspection station to make an advance payment of
$14.75 for a certificate to be issued under this section.
Additional payment may not be required of the station for the
certificate. The inspection station may waive the fee due from the
owner of the vehicle inspected. A refund for an unissued
certificate shall be made in the same manner as provided for other
certificate refunds.
Sec. 548.504. INSPECTION OF COMMERCIAL MOTOR VEHICLE. (a)
The fee for inspection of a commercial motor vehicle under the
program established under Section 548.201 is $50.
(b) The vehicle owner upon the annual registration of the
vehicle shall pay a fee determined by the department. The
inspection station shall pay to the department $10 of each fee for
inspection of a commercial motor vehicle. The department may
require the station to make an advance payment of $10 for a
certificate to be issued under this section. If advance payment is
made:
(1) no additional payment may be required of the
station for the certificate; and
(2) a refund for an unissued certificate shall be made
in the same manner as provided for other certificate refunds.
Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The
department by rule shall establish may impose an inspection fee
charged by the inspection station and a fee collected at the time of
vehicle registration 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) producing electronic inspection authorizations
certificates;
(2) providing inspections; and
(3) administering the program.
(b) The department may provide a maximum fee for an
inspection under this subchapter. The department may not set a
minimum fee for an inspection under this subchapter.
SECTION 36. Subchapter I, Chapter 548, Transportation Code,
is amended by amending Sections 548.601 (a) to read as follows:
(a) A person, including an inspector or an inspection
station, commits an offense if the person:
(1) issues an electronic inspection authorization
inspection certificate with knowledge that the issuance 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 electronic inspection authorization
inspection certificate:
(A) without authorization to issue the
electronic inspection authorization certificate; or
(B) without inspecting the vehicle;
(5) issues an electronic inspection authorization
inspection certificate 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 electronic inspection
authorization inspection certificate:
(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 37. Section 548.602, Transportation Code, is
deleted.
Sec. 548.602. FAILURE TO DISPLAY INSPECTION CERTIFICATE.
(a) After the fifth day after the date of expiration of the period
designated for inspection, a person may not operate:
(1) a motor vehicle registered in this state unless a
current and appropriate inspection certificate is displayed on the
vehicle; or
(2) a commercial motor vehicle registered in this
state unless it is equipped as required by federal motor carrier
safety regulations and displays an inspection certificate issued
under the program established under Section 548.201.
(b) A peace officer who exhibits a badge or other sign of
authority may stop a vehicle not displaying an inspection
certificate on the windshield and require the owner or operator to
produce an inspection certificate for the vehicle.
(c) It is a defense to prosecution under Subsection (a)(1)
that an inspection certificate for the vehicle is in effect at the
time of the arrest.
SECTION 38. Section 548.603, Transportation Code, is
amended to read as follows:
Sec. 548.603. FICTITIOUS OR COUNTERFEIT VEHICLE INSPECTION
REPORT (VIP) INSPECTION CERTIFICATE OR INSURANCE DOCUMENT. (a) A
person commits an offense if the person:
(1) presents, displays or causes or permits to be
displayed a vehicle inspection report (vir) an inspection
certificate or insurance document knowing that the certificate or
document is counterfeit, tampered with, altered, fictitious,
issued for another vehicle, issued for a vehicle failing to meet all
emissions inspection requirements, or 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) transfers an inspection certificate from a
windshield or location to another windshield or location;
(2)(3) with intent to circumvent the emissions
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;
(3)(4) knowingly does not comply with an emissions
inspection requirement for a vehicle; or
(5) displays on a vehicle an inspection certificate
that was obtained knowing that the vehicle does not meet all
emissions inspection requirements for the vehicle.
(b) A person commits an offense if the person:
(1) makes or possesses, with the intent to sell,
circulate, or pass, a counterfeit vehicle inspection report (vir)
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 vehicle inspection report (vir)
inspection certificate or insurance document.
(c) The owner of a vehicle commits an offense if the owner
knowingly allows the vehicle to be registered or operated while the
vehicle displays an inspection certificate in violation of
Subsection (a).
(d) An offense under Subsection (a) or (c) is a Class B
misdemeanor. An offense under Subsection (b) is a third degree
felony unless the person acts with the intent to defraud or harm
another person, in which event the offense is a second degree
felony.
(e) In this section:
(1) "Counterfeit" means an imitation of a document
that is printed, engraved, copied, photographed, forged, or
manufactured by a person not authorized to take that action under:
(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) "Vehicle Inspection Report (vir)""Inspection
certificate" means a document that is printed, manufactured, or
made by the department or an authorized agent of the department for
issuance after a vehicle passes an inspection performed under this
chapter.
(2)(3) "Insurance document" means a standard proof of
motor vehicle insurance coverage that is:
(A) in a form prescribed by the Texas Department
of Insurance or by a similarly authorized board, agency, or
authority of another state; and
(B) issued by an insurer or insurer's agent who
is authorized to write motor vehicle insurance coverage.
(3)(4) "Person" includes an inspection station or
inspector.
Text of subsec. (f) as added by Acts 1997, 75th Leg., ch. 851,
Sec. 2
(f) Notwithstanding Subsection (c), an offense under
Subsection (a)(1) that involves a fictitious vehicle inspection
report (vir) inspection certificate is a Class B misdemeanor.
Text of subsec. (f) as added by Acts 1997, 75th Leg., ch. 1069, Sec.
16
(f) A motor vehicle on which a vehicle emissions inspection
certificate is displayed in violation of Subsection (a) and that is
operated or parked on a public roadway may be impounded by a peace
officer or other authorized employee of this state or a political
subdivision of this state in which the vehicle is operated or
parked.
SECTION 39. Section 548.603, Transportation Code is
deleted.
Sec. 548.605. DISMISSAL OF CHARGE; ADMINISTRATIVE FEE.
(a) In this section, "working day" means any day other than a
Saturday, a Sunday, or a holiday on which county offices are closed.
(b) The court shall:
(1) dismiss a charge of driving with an expired
inspection certificate if:
(A) the defendant remedies the defect within 20
working days or before the defendant's first court appearance date,
whichever is later; and
(B) the inspection certificate has not been
expired for more than 60 days; and
(2) assess an administrative fee not to exceed $20
when the charge of driving with an expired inspection certificate
has been remedied.
(c) Notwithstanding Subsection (b)(1)(B), the court may
dismiss a charge of driving with an expired inspection certificate
that has been expired for more than 60 days.
SECTION 40. This Act takes effect Sept. 1, 2011