Bill Text: TX SB1675 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the repeal of mandatory periodic motor vehicle inspections.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2015-04-16 - Co-author authorized [SB1675 Detail]
Download: Texas-2015-SB1675-Introduced.html
2015S0453-1 03/11/15 | ||
By: Huffines | S.B. No. 1675 |
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relating to the repeal of mandatory periodic motor vehicle | ||
inspections. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 [ |
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vehicle emissions inspection and maintenance program under | ||
Subchapter F, Chapter 548, Transportation Code [ |
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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 2. Subchapter G, Chapter 382, Health and Safety | ||
Code, is amended by adding Section 382.221 to read as follows: | ||
Sec. 382.221. REVIEW OF VEHICLE EMISSIONS INSPECTION AND | ||
MAINTENANCE PROGRAM. (a) Not later than October 1, 2017, the | ||
commission shall determine whether the federal Clean Air Act (42 | ||
U.S.C. Section 7401 et seq.) or its subsequent amendments require | ||
this state to operate a motor vehicle emissions inspection and | ||
maintenance program in any part of this state. | ||
(b) If the commission determines that the federal Clean Air | ||
Act (42 U.S.C. Section 7401 et seq.) or a subsequent amendment does | ||
not require this state to operate a motor vehicle emissions | ||
inspection and maintenance program in any part of this state, the | ||
commission shall, not later than October 1, 2018, develop a plan to | ||
end the emissions inspection and maintenance program established | ||
under this chapter and Subchapter F, Chapter 548, Transportation | ||
Code. | ||
(c) The plan must: | ||
(1) provide for the revision of this state's air | ||
quality state implementation plan and any other state plans | ||
mandated by the federal Clean Air Act as necessary to account for | ||
the end of the emissions inspection and maintenance program; and | ||
(2) establish a proposed timeline for: | ||
(A) submitting revised state plans to the United | ||
States Environmental Protection Agency for approval; and | ||
(B) ending the emissions inspection and | ||
maintenance program. | ||
(d) The commission shall submit to the United States | ||
Environmental Protection Agency a request that the agency approve | ||
the plan described by Subsection (b). | ||
(e) If the United States Environmental Protection Agency | ||
approves the plan described by Subsection (b): | ||
(1) the commission shall implement the plan and amend | ||
or adopt rules necessary to implement the plan; and | ||
(2) on a date determined by the commission by rule, the | ||
emissions inspection and maintenance program established under | ||
this chapter and Subchapter F, Chapter 548, Transportation Code, is | ||
abolished. | ||
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 [ |
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SECTION 4. 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 [ |
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anchorages were part of the manufacturer's original equipment on | ||
the vehicle. | ||
SECTION 5. Section 548.051(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The following items installed on a [ |
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trailer, semitrailer, pole trailer, or mobile home[ |
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this state may be[ |
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inspection station [ |
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(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(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. | ||
SECTION 6. Subchapter B, Chapter 548, Transportation Code, | ||
is amended by adding Section 548.054 to read as follows: | ||
Sec. 548.054. 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 7. 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 emissions inspection under the program described by | ||
Subchapter F. 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 8. Section 548.102(a), Transportation Code, is | ||
amended to read as follows: | ||
(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. | ||
SECTION 9. Sections 548.104(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) The commission shall adopt uniform standards of safety | ||
applicable to each item subject to inspection under [ |
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to be inspected shall be posted in each inspection station. | ||
(c) An inspection station or inspector may inspect only the | ||
equipment subject to inspection under [ |
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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. | ||
SECTION 10. 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 [ |
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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 11. Section 548.053(b), Transportation Code, is | ||
repealed. | ||
SECTION 12. This Act takes effect September 1, 2017. |