By Oakley H.B. No. 945
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the safe operation on highways of certain vehicles;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 140(a), Uniform Act Regulating Traffic on
1-6 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-7 to read as follows:
1-8 (a) Every motor vehicle, trailer, semitrailer, pole trailer,
1-9 or mobile home, registered in this state and operated on the
1-10 highways of this state, shall have the tires, brake system
1-11 (including power brake unit), lighting equipment, horns and warning
1-12 devices, mirrors, windshield wipers, front seat belts in vehicles
1-13 where seat belt anchorages were part of the manufacturer's original
1-14 equipment on the vehicle, steering system (including power
1-15 steering), wheel assembly, safety guards or flaps if required by
1-16 Section 139A of this Act, tax decal if required by Section 141(d)
1-17 of this Act, sunscreening devices unless the vehicle is exempt from
1-18 sunscreen device restrictions under Section 134C(k) or (l) of this
1-19 Act, exhaust system, and exhaust emission system inspected at
1-20 state-appointed inspection stations or by State Inspectors as
1-21 hereinafter provided. Provisions relating to the inspection of
1-22 trailers, semitrailers, pole trailers, or mobile homes <shall not>
1-23 apply only when the actual gross weight or the registered <or>
1-24 gross weight of such vehicles <and the load carried thereon> is
2-1 greater than four thousand five hundred (4,500) pounds <or less>.
2-2 Only the mechanism and equipment designated in this section may be
2-3 inspected, and the owner shall not be required to have any other
2-4 equipment or part of his motor vehicle inspected as a prerequisite
2-5 for the issuance of an inspection certificate. At the time of
2-6 inspection the owner or operator shall furnish evidence of
2-7 financial responsibility. The evidence of financial responsibility
2-8 may be shown in the manner specified under Section 1B(b), Texas
2-9 Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
2-10 Texas Civil Statutes). An inspection certificate may not be issued
2-11 for a vehicle for which the owner or operator fails to furnish the
2-12 required evidence of financial responsibility. An inspection
2-13 facility or station is not liable to any person, including a third
2-14 party, for issuing an inspection certificate in reliance on
2-15 evidence of financial responsibility submitted to the facility or
2-16 station. If the inspection facility or station is the seller of a
2-17 motor vehicle, the inspection facility or station may rely on an
2-18 oral insurance binder.
2-19 SECTION 2. Article XV, Uniform Act Regulating Traffic on
2-20 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
2-21 by adding Section 140A to read as follows:
2-22 Sec. 140A. COMPULSORY INSPECTION OF COMMERCIAL MOTOR
2-23 VEHICLES. (a) In this section:
2-24 (1) "Commercial motor vehicle" means any
2-25 self-propelled or towed vehicle, except a farm vehicle with a gross
2-26 weight, registered weight, or gross weight rating of less than
2-27 48,000 pounds, used on a public highway to transport passengers or
3-1 property when:
3-2 (A) the vehicle or combination of vehicles has a
3-3 gross weight, registered weight, or gross weight rating in excess
3-4 of 26,000 pounds;
3-5 (B) the vehicle is designed to transport more
3-6 than 15 passengers, including the driver; or
3-7 (C) the vehicle is used in the transportation of
3-8 hazardous materials in a quantity requiring placarding under the
3-9 regulations issued under the federal Hazardous Materials
3-10 Transportation Act (49 U.S.C. app. Sections 1801-1813).
3-11 (2) "Commission" means the Public Safety Commission.
3-12 (3) "Farm vehicle" has the meaning assigned by the
3-13 Federal Motor Carrier Safety Regulations under Title 49, Code of
3-14 Federal Regulations.
3-15 (4) "Federal safety regulations" means the Federal
3-16 Motor Carrier Safety Regulations under Title 49, Code of Federal
3-17 Regulations.
3-18 (b)(1) The commission shall establish an inspection program
3-19 for commercial motor vehicles that meets the requirements of the
3-20 federal safety regulations.
3-21 (2) Under the program, a commercial motor vehicle that
3-22 is registered in this state shall be required to pass an annual
3-23 inspection of all safety equipment required by the federal safety
3-24 regulations.
3-25 (3) A commercial motor vehicle inspected under the
3-26 program established under this section is also subject to the
3-27 inspection requirements established in Section 140 of this Act.
4-1 (c) After the fifth day following the expiration of the
4-2 period designated for the inspection, a person may not operate a
4-3 commercial motor vehicle registered in this state unless it is
4-4 equipped as required by the federal safety regulations and displays
4-5 a valid certificate of inspection issued under the program
4-6 established under this section.
4-7 (d) The department may issue a unique inspection certificate
4-8 for a commercial motor vehicle inspected under the program
4-9 established under this section.
4-10 (e) Except as provided by this subsection, Sections 141 and
4-11 142 of this Act apply to the inspection program established under
4-12 this section. The fee for compulsory inspection of a commercial
4-13 motor vehicle under the program established under this section is
4-14 $50. Of each fee, $10 shall be paid to the department and shall,
4-15 except as provided by Section 815.405, Government Code, be placed
4-16 in the motor vehicle inspection fund for the purpose of paying the
4-17 expense of administration of this law.
4-18 (f) The department may require each official inspection
4-19 station to make an advance payment of $10 for each certificate to
4-20 be issued under this section, and the money so received shall,
4-21 except as provided by Section 815.405, Government Code, be placed
4-22 in the motor vehicle inspection fund. No further payment may be
4-23 required of a station for a certificate under this section.
4-24 Refunds for unissued certificates shall be made in the same manner
4-25 as provided for other certificate refunds.
4-26 SECTION 3. Section 141(b), Uniform Act Regulating Traffic on
4-27 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
5-1 to read as follows:
5-2 (b) Any owner of an official inspection station who by
5-3 himself, agent, servant, or employee, violates any provision of
5-4 Section 140, 141, 142, or 142A of this Act or any rule adopted
5-5 under Section 140A or Article XV of this Act, or requires the
5-6 repair of any mechanism or equipment other than that set forth in
5-7 the uniform standards of safety items to be inspected as
5-8 established, commits an offense <shall upon conviction, be punished
5-9 by a fine not exceeding Two-Hundred Dollars ($200)>.
5-10 SECTION 4. Section 815.405, Government Code, is amended to
5-11 read as follows:
5-12 Sec. 815.405. Contributions to Law Enforcement and Custodial
5-13 Officer Supplemental Retirement Fund. The Department of Public
5-14 Safety shall transfer monthly to the law enforcement and custodial
5-15 officer supplemental retirement fund $2.25 of the motor vehicle
5-16 inspection fee for each vehicle inspected as required under Section
5-17 140A or 141(c) of the Uniform Act Regulating Traffic on Highways
5-18 (Article 6701d, Vernon's Texas Civil Statutes)<, and $3.75 for each
5-19 vehicle inspected as required by Section 141(c-1) of that Act>.
5-20 SECTION 5. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended,
5-25 and that this Act take effect and be in force from and after its
5-26 passage, and it is so enacted.