1-1 By: Oakley (Senate Sponsor - Armbrister) H.B. No. 945
1-2 (In the Senate - Received from the House March 30, 1993;
1-3 March 31, 1993, read first time and referred to Committee on State
1-4 Affairs; April 14, 1993, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; April 14, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the safe operation on highways of certain vehicles;
1-24 providing a penalty.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 140(a), Uniform Act Regulating Traffic on
1-27 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-28 to read as follows:
1-29 (a) Every motor vehicle, trailer, semitrailer, pole trailer,
1-30 or mobile home, registered in this state and operated on the
1-31 highways of this state, shall have the tires, brake system
1-32 (including power brake unit), lighting equipment, horns and warning
1-33 devices, mirrors, windshield wipers, front seat belts in vehicles
1-34 where seat belt anchorages were part of the manufacturer's original
1-35 equipment on the vehicle, steering system (including power
1-36 steering), wheel assembly, safety guards or flaps if required by
1-37 Section 139A of this Act, tax decal if required by Section 141(d)
1-38 of this Act, sunscreening devices unless the vehicle is exempt from
1-39 sunscreen device restrictions under Section 134C(k) or (l) of this
1-40 Act, exhaust system, and exhaust emission system inspected at
1-41 state-appointed inspection stations or by State Inspectors as
1-42 hereinafter provided. Provisions relating to the inspection of
1-43 trailers, semitrailers, pole trailers, or mobile homes <shall not>
1-44 apply only when the actual gross weight or the registered <or>
1-45 gross weight of such vehicles <and the load carried thereon> is
1-46 greater than four thousand five hundred (4,500) pounds <or less>.
1-47 Only the mechanism and equipment designated in this section may be
1-48 inspected, and the owner shall not be required to have any other
1-49 equipment or part of his motor vehicle inspected as a prerequisite
1-50 for the issuance of an inspection certificate. At the time of
1-51 inspection the owner or operator shall furnish evidence of
1-52 financial responsibility. The evidence of financial responsibility
1-53 may be shown in the manner specified under Section 1B(b), Texas
1-54 Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
1-55 Texas Civil Statutes). An inspection certificate may not be issued
1-56 for a vehicle for which the owner or operator fails to furnish the
1-57 required evidence of financial responsibility. An inspection
1-58 facility or station is not liable to any person, including a third
1-59 party, for issuing an inspection certificate in reliance on
1-60 evidence of financial responsibility submitted to the facility or
1-61 station. If the inspection facility or station is the seller of a
1-62 motor vehicle, the inspection facility or station may rely on an
1-63 oral insurance binder.
1-64 SECTION 2. Article XV, Uniform Act Regulating Traffic on
1-65 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-66 by adding Section 140A to read as follows:
1-67 Sec. 140A. COMPULSORY INSPECTION OF COMMERCIAL MOTOR
1-68 VEHICLES. (a) In this section:
2-1 (1) "Commercial motor vehicle" means any
2-2 self-propelled or towed vehicle, except a farm vehicle with a gross
2-3 weight, registered weight, or gross weight rating of less than
2-4 48,000 pounds, used on a public highway to transport passengers or
2-5 property when:
2-6 (A) the vehicle or combination of vehicles has a
2-7 gross weight, registered weight, or gross weight rating in excess
2-8 of 26,000 pounds;
2-9 (B) the vehicle is designed to transport more
2-10 than 15 passengers, including the driver; or
2-11 (C) the vehicle is used in the transportation of
2-12 hazardous materials in a quantity requiring placarding under the
2-13 regulations issued under the federal Hazardous Materials
2-14 Transportation Act (49 U.S.C. app. Sections 1801-1813).
2-15 (2) "Commission" means the Public Safety Commission.
2-16 (3) "Farm vehicle" has the meaning assigned by the
2-17 Federal Motor Carrier Safety Regulations under Title 49, Code of
2-18 Federal Regulations.
2-19 (4) "Federal safety regulations" means the Federal
2-20 Motor Carrier Safety Regulations under Title 49, Code of Federal
2-21 Regulations.
2-22 (b)(1) The commission shall establish an inspection program
2-23 for commercial motor vehicles that meets the requirements of the
2-24 federal safety regulations.
2-25 (2) Under the program, a commercial motor vehicle that
2-26 is registered in this state shall be required to pass an annual
2-27 inspection of all safety equipment required by the federal safety
2-28 regulations.
2-29 (3) A commercial motor vehicle inspected under the
2-30 program established under this section is also subject to the
2-31 inspection requirements established in Section 140 of this Act.
2-32 (c) After the fifth day following the expiration of the
2-33 period designated for the inspection, a person may not operate a
2-34 commercial motor vehicle registered in this state unless it is
2-35 equipped as required by the federal safety regulations and displays
2-36 a valid certificate of inspection issued under the program
2-37 established under this section.
2-38 (d) The department may issue a unique inspection certificate
2-39 for a commercial motor vehicle inspected under the program
2-40 established under this section.
2-41 (e) Except as provided by this subsection, Sections 141 and
2-42 142 of this Act apply to the inspection program established under
2-43 this section. The fee for compulsory inspection of a commercial
2-44 motor vehicle under the program established under this section is
2-45 $50. Of each fee, $10 shall be paid to the department and shall,
2-46 except as provided by Section 815.405, Government Code, be placed
2-47 in the motor vehicle inspection fund for the purpose of paying the
2-48 expense of administration of this law.
2-49 (f) The department may require each official inspection
2-50 station to make an advance payment of $10 for each certificate to
2-51 be issued under this section, and the money so received shall,
2-52 except as provided by Section 815.405, Government Code, be placed
2-53 in the motor vehicle inspection fund. No further payment may be
2-54 required of a station for a certificate under this section.
2-55 Refunds for unissued certificates shall be made in the same manner
2-56 as provided for other certificate refunds.
2-57 SECTION 3. Section 141(b), Uniform Act Regulating Traffic on
2-58 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
2-59 to read as follows:
2-60 (b) Any owner of an official inspection station who by
2-61 himself, agent, servant, or employee, violates any provision of
2-62 Section 140, 141, 142, or 142A of this Act or any rule adopted
2-63 under Section 140A or Article XV of this Act, or requires the
2-64 repair of any mechanism or equipment other than that set forth in
2-65 the uniform standards of safety items to be inspected as
2-66 established, commits an offense <shall upon conviction, be punished
2-67 by a fine not exceeding Two-Hundred Dollars ($200)>.
2-68 SECTION 4. Section 815.405, Government Code, is amended to
2-69 read as follows:
2-70 Sec. 815.405. Contributions to Law Enforcement and Custodial
3-1 Officer Supplemental Retirement Fund. The Department of Public
3-2 Safety shall transfer monthly to the law enforcement and custodial
3-3 officer supplemental retirement fund $2.25 of the motor vehicle
3-4 inspection fee for each vehicle inspected as required under Section
3-5 140A or 141(c) of the Uniform Act Regulating Traffic on Highways
3-6 (Article 6701d, Vernon's Texas Civil Statutes)<, and $3.75 for each
3-7 vehicle inspected as required by Section 141(c-1) of that Act>.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.
3-15 * * * * *
3-16 Austin,
3-17 Texas
3-18 April 14, 1993
3-19 Hon. Bob Bullock
3-20 President of the Senate
3-21 Sir:
3-22 We, your Committee on State Affairs to which was referred H.B.
3-23 No. 945, have had the same under consideration, and I am instructed
3-24 to report it back to the Senate with the recommendation that it do
3-25 pass and be printed.
3-26 Harris of
3-27 Dallas, Chairman
3-28 * * * * *
3-29 WITNESSES
3-30 FOR AGAINST ON
3-31 ___________________________________________________________________
3-32 Name: Hampton Rogers x x
3-33 Representing: Tx Motor Transportation Assn
3-34 City: Austin
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