Bill Text: TX HB3648 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to motor vehicle registration and safety inspections; repealing certain fees and increasing certain fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-19 - Referred to Transportation [HB3648 Detail]

Download: Texas-2015-HB3648-Introduced.html

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84R12428 JXC-D
By: Pickett H.B. No. 3648

A BILL TO BE ENTITLED
AN ACT
relating to motor vehicle registration and safety inspections;
repealing certain fees and increasing certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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; and
(2) [$2 of each fee collected for inspections of
vehicles other than mopeds under Section 548.501, 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 2. 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
a passing vehicle inspection report [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, Chapter 548, Transportation Code [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 3. Section 502.092(c), Transportation Code, is
amended to read as follows:
(c) A person may obtain a permit under this section by:
(1) applying to the department in a manner prescribed
by the department;
(2) paying a fee equal to 1/12 the registration fee
prescribed by this chapter for the vehicle;
(3) furnishing satisfactory evidence that the motor
vehicle is insured under an insurance policy that complies with
Section 601.072 and that is written by:
(A) an insurance company or surety company
authorized to write motor vehicle liability insurance in this
state; or
(B) with the department's approval, a surplus
lines insurer that meets the requirements of Chapter 981, Insurance
Code, and rules adopted by the commissioner of insurance under that
chapter, if the applicant is unable to obtain insurance from an
insurer described by Paragraph (A); and
(4) furnishing evidence that the vehicle has been
inspected if [as] required under Chapter 548.
SECTION 4. Section 502.251, Transportation Code, is amended
to read as follows:
Sec. 502.251. FEE: MOTORCYCLE OR MOPED. The fee for a
registration year for registration of a:
(1) motorcycle is $42.50; or
(2) moped is $35.75 [$30].
SECTION 5. Section 502.252, Transportation Code, is amended
to read as follows:
Sec. 502.252. FEE: VEHICLES THAT WEIGH 6,000 POUNDS OR
LESS. (a) Except as provided by Subsection (b), the [The] fee for a
registration year for registration of a vehicle with a gross weight
of 6,000 pounds or less is $63.75 [$50.75], unless otherwise
provided in this chapter.
(b) The fee for a registration year for registration of a
vehicle described by Subsection (a) that is subject to a commercial
motor vehicle inspection under Subchapter D, Chapter 548, is
$50.75, unless provided otherwise by this chapter.
SECTION 6. Section 502.253, Transportation Code, is amended
to read as follows:
Sec. 502.253. FEE: VEHICLES THAT WEIGH MORE THAN 6,000
POUNDS. (a) Except as provided by Subsection (b), the [The] fee
for a registration year for registration of a vehicle with a gross
weight of more than 6,000 pounds is as follows unless otherwise
provided in this chapter:
Weight Classification Fee Schedule
in pounds
6,001-10,000 $66.50 [$54.00]
10,001-18,000 $122.50 [$110.00]
18,001-25,999 $217.50 [$205.00]
26,000-40,000 $352.50 [$340.00]
40,001-54,999 $547.50 [$535.00]
55,000-70,000 $752.50 [$740.00]
70,001-80,000 $852.50 [$840.00]
(b) The fee for a registration year for registration of a
vehicle described by Subsection (a) that is subject to a commercial
motor vehicle inspection under Subchapter D, Chapter 548, is $12.50
less than the amount listed for the vehicle under Subsection (a).
SECTION 7. Section 502.254(a), Transportation Code, is
amended to read as follows:
(a) The fee for a registration year for registration of a
trailer, travel trailer, or semitrailer with a gross weight of
6,000 pounds or less is:
(1) $57.50; or
(2) $45.00 if the vehicle is subject to a commercial
motor vehicle inspection under Subchapter D, Chapter 548.
SECTION 8. Section 547.601, Transportation Code, is amended
to read as follows:
Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
described by Section 548.051 [required by Chapter 548 to be
inspected] shall be equipped with front safety belts if safety belt
anchorages were part of the manufacturer's original equipment on
the vehicle.
SECTION 9. The heading to Chapter 548, Transportation Code,
is amended to read as follows:
CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
SECTION 10. Section 548.001(10), Transportation Code, is
amended to read as follows:
(10) "Vehicle inspection report" means a report issued
by an inspector or an inspection station for a vehicle that
indicates whether the vehicle has passed [the safety and, if
applicable, emissions] inspections required by this chapter.
SECTION 11. The heading to Subchapter B, Chapter 548,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. VEHICLES AND EQUIPMENT SUBJECT TO SAFETY STANDARDS
[INSPECTION AND REINSPECTION]
SECTION 12. Section 548.051, Transportation Code, is
amended to read as follows:
Sec. 548.051. VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION
BY PEACE OFFICER; STANDARDS. The commission shall adopt uniform
standards of safety for the following items installed on a [(a) A]
motor vehicle, trailer, semitrailer, pole trailer, or mobile home,
registered in this state[, must have the following items inspected
at an inspection station or by an inspector]:
(1) tires;
(2) wheel assembly;
(3) safety guards or flaps, if required by Section
547.606;
(4) brake system, including power brake unit;
(5) steering system, including power steering;
(6) lighting equipment;
(7) horns and warning devices;
(8) mirrors;
(9) windshield wipers;
(10) sunscreening devices, unless the vehicle is
exempt from sunscreen device restrictions under Section 547.613;
(11) front seat belts in vehicles on which seat belt
anchorages were part of the manufacturer's original equipment;
(12) tax decal, if required by Section 548.104
[548.104(d)(1)];
(13) exhaust system;
(14) exhaust emission system;
(15) fuel tank cap, using pressurized testing
equipment approved by department rule; and
(16) emissions control equipment as designated by
department rule.
[(b) A moped is subject to inspection in the same manner as a
motorcycle, except that the only items of equipment required to be
inspected are the brakes, headlamps, rear lamps, and reflectors,
which must comply with the standards prescribed by Sections 547.408
and 547.801.]
SECTION 13. Section 548.053, Transportation Code, is
transferred to Subchapter C, Chapter 548, Transportation Code,
redesignated as Section 548.106, Transportation Code, and amended
to read as follows:
Sec. 548.106 [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 a passing vehicle
inspection report 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.]
SECTION 14. Subchapter B, Chapter 548, Transportation Code,
is amended by adding Sections 548.054 and 548.055 to read as
follows:
Sec. 548.054. INSPECTION BY PEACE OFFICER. A peace officer
may inspect a vehicle for a suspected violation of a provision of
Chapter 547 or this chapter or a rule adopted under Chapter 547 or
this chapter.
Sec. 548.055. REGULAR INSPECTION NOT REQUIRED IN CERTAIN
COUNTIES. Except as otherwise provided by Subchapter D, a vehicle
described by Section 548.051 registered in a county that does not
have a motor vehicle emissions inspection and maintenance program
is not required to be regularly inspected at an inspection station
under this chapter.
SECTION 15. Section 548.101, Transportation Code, is
amended 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:
(1) commercial motor vehicle inspection under
Subchapter D; and
(2) emissions inspection under the program described
by Subchapter F.
(b) The department shall set the periods of inspection and
may make rules with respect to those periods. The rules must
provide that:
(1) a vehicle owner may obtain an inspection not
earlier than 90 days before the date of expiration of the vehicle's
registration; and
(2) a used motor vehicle sold by a dealer, as defined
by Section 503.001, must be inspected in the 180 days preceding the
date the dealer sells the vehicle.
SECTION 16. Section 548.102, Transportation Code, is
amended to read as follows:
Sec. 548.102. TWO-YEAR INITIAL INSPECTION PERIOD FOR
PASSENGER CAR OR LIGHT TRUCK. (a) The initial emissions inspection
period is two years for a passenger car or light truck that:
(1) is sold in this state;
(2) has not been previously registered in this or
another state; and
(3) on the date of sale is of the current or preceding
model year.
(b) An [This section does not affect a requirement that a
motor vehicle emission inspection be conducted during an initial
inspection period in a county covered by an] inspection and
maintenance program approved by the United States Environmental
Protection Agency under Section 548.301 and the Clean Air Act (42
U.S.C. Section 7401 et seq.) may provide for a different initial
emissions inspection period than the period established in
Subsection (a).
SECTION 17. Section 548.104, Transportation Code, is
amended to read as follows:
Sec. 548.104. EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE
OF PASSING VEHICLE INSPECTION REPORT. (a) [The 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 a passing
vehicle inspection report 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.
(b) [(c)] An inspection station or inspector may inspect
only the equipment required to be inspected by this chapter
[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 a passing vehicle inspection report.
(c) [(d)] An inspection station or inspector may not issue a
passing vehicle inspection report 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 a passing vehicle inspection report for
a vehicle exempt under Section 547.613(c); or
[(3)] a compressed natural gas container unless the
owner demonstrates in accordance with department rules proof:
(A) that:
(i) the container has met the inspection
requirements under 49 C.F.R. Section 571.304; and
(ii) the manufacturer's recommended service
life for the container, as stated on the container label required by
49 C.F.R. Section 571.304, has not expired; or
(B) that the vehicle is a fleet vehicle for which
the fleet operator employs a technician certified to inspect the
container.
[(e) The department shall adopt rules relating to
inspection of and issuance of a vehicle inspection report for a
moped.]
SECTION 18. Section 548.256, Transportation Code, is
amended to read as follows:
Sec. 548.256. PROOF OF INSPECTION REQUIRED TO REGISTER
VEHICLE. Before a vehicle may be registered, the Texas Department
of Motor Vehicles or the county assessor-collector registering the
vehicle shall verify that the vehicle has passed any [the]
inspections required by this chapter, as indicated in the
department's inspection database. If the database information is
not available, the owner of the vehicle may present a vehicle
inspection report issued for the vehicle.
SECTION 19. 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). A fee established
under this subsection is in addition to any applicable [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) providing inspections; and
(2) administering the program.
SECTION 20. Sections 548.3045(b), 548.501, 548.502, and
548.503, Transportation Code, are repealed.
SECTION 21. This Act takes effect September 1, 2015.