By Saunders H.B. No. 1969
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to registration and inspection of motor vehicles;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 6675b-1, Revised Statutes, is amended to
1-6 read as follows:
1-7 Art. 6675b-1. OPERATING UNREGISTERED VEHICLE. The owner of
1-8 a motor vehicle operated or parked on a public highway <Whoever
1-9 operates upon any public highway a motor vehicle> which has not
1-10 been registered as required by law shall be fined not less than one
1-11 hundred dollars or more than <to exceed> two hundred dollars. Any
1-12 vehicle parked on a public highway which has not been registered as
1-13 required by law may be impounded by the governmental entity
1-14 prosecuting the violation. All fines collected under this article
1-15 shall be retained by the governmental entity prosecuting the
1-16 violation. Vehicles not required to be registered pursuant to
1-17 Article 6686, Revised Statutes, are not subject to this article.
1-18 SECTION 2. Article 6675b-6, Revised Statutes, is amended to
1-19 read as follows:
1-20 Art. 6675b-6. MUST HAVE OWN NUMBER AND SEAL. The owner of a
1-21 motor vehicle operated or parked on a public highway <Whoever shall
1-22 operate, or as owner permit to be operated upon a public highway a
1-23 motor vehicle> with a number plate, <or> seal, inspection sticker,
2-1 or decal issued for a different motor vehicle attached thereto
2-2 shall be fined not less than one hundred dollars or more than
2-3 <exceeding> two hundred dollars, unless the offense was committed
2-4 knowingly or intentionally, in which event the offense is
2-5 punishable as a Class B misdemeanor. Any vehicle parked on a
2-6 public highway in violation of this article may be impounded by the
2-7 governmental entity prosecuting the violation. All fines collected
2-8 under this article shall be retained by the governmental entity
2-9 prosecuting the violation.
2-10 SECTION 3. Article 6675b-7, Revised Statutes, is amended to
2-11 read as follows:
2-12 Art. 6675b-7. WRONG NUMBER PLATE, SEAL, STICKER, OR DECAL
2-13 <WRONG OR UNCLEAN NUMBER PLATE>. No person shall attach to or
2-14 display on any motor vehicle any number plate, <or> seal, or
2-15 inspection or registration sticker or decal assigned to a different
2-16 motor vehicle or assigned to it under any other motor vehicle law
2-17 other than by the State Highway Department, or any registration
2-18 seal other than that assigned for the current year, or a homemade
2-19 or fictitious number plate or seal. All letters, numbers, and
2-20 other identification marks shall be kept clear and distinct and
2-21 free from grease or other blurring matter so that they may be
2-22 plainly seen at all times during daylight. The owner of a motor
2-23 vehicle operated or parked on a public highway who <Whoever>
2-24 violates any provision of this article shall be fined not less than
2-25 one hundred dollars or more than <exceeding> two hundred dollars,
3-1 unless the offense was committed knowingly or intentionally <it is
3-2 shown on the trial of the offense that the person intentionally or
3-3 knowingly altered or made illegible the numbers, letters, or other
3-4 identifying marks>, in which event the offense is punishable as a
3-5 Class B misdemeanor. Any vehicle parked on a public highway with a
3-6 number plate, seal, inspection sticker, or decal issued for a
3-7 different motor vehicle attached thereto may be impounded by the
3-8 governmental entity prosecuting the violation. All fines collected
3-9 under this article shall be retained by the governmental entity
3-10 prosecuting the violation.
3-11 SECTION 4. Subsection (d), Section 141, Uniform Act
3-12 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-13 Statutes), is amended by adding Subdivision (5) to read as follows:
3-14 (5) All vehicles registered in another state, but
3-15 which are primarily operated in this state, shall be inspected in
3-16 the county of their primary area of operation.
3-17 SECTION 5. Section 382.037, Health and Safety Code, is
3-18 amended by amending Subsection (e) and adding Subsections (i), (j),
3-19 and (k) to read as follows:
3-20 (e) On adoption of a resolution by the board and after
3-21 proper notice, the State Department of Highways and Public
3-22 Transportation shall implement a system that requires, as a
3-23 condition of registering a vehicle under Section 2, Chapter 88,
3-24 General Laws, Acts of the 41st Legislature, 2nd Called Session,
3-25 1929 (Article 6675a-2, Vernon's Texas Civil Statutes), in a county
4-1 that is included in a vehicle emissions inspection and maintenance
4-2 program under Section 142, Uniform Act Regulating Traffic on
4-3 Highways (Article 6701d, Vernon's Texas Civil Statutes):
4-4 (1) that a vehicle, other than a vehicle being
4-5 registered in conjunction with the initial retail sale, shall be
4-6 inspected under the vehicle emissions inspection and maintenance
4-7 program either annually or biennially as required by provisions of
4-8 the Texas air quality state implementation plan;
4-9 (2) that the owner of a vehicle with an even-numbered
4-10 model year as shown in the Texas Department of Transportation
4-11 registration files and/or application of title, in a biennial
4-12 emissions testing program area, submit a valid vehicle emissions
4-13 inspection certificate issued for the vehicle within 90 days
4-14 preceding the application for registration in even-numbered years;
4-15 (3) that the owner of a vehicle with an odd-numbered
4-16 model year, as shown in the Texas Department of Transportation
4-17 registration files and/or application of title, in a biennial
4-18 emissions testing program area, submit a valid vehicle emissions
4-19 inspection certificate issued for the vehicle within 90 days
4-20 preceding the application for registration in odd-numbered years;
4-21 and
4-22 (4) that the owner of a vehicle with either an
4-23 even-numbered or odd-numbered model year, as shown in the Texas
4-24 Department of Transportation registration files and/or application
4-25 of title, in an annual emissions testing program area, submit a
5-1 valid vehicle emissions inspection certificate issued for the
5-2 vehicle within 90 days preceding the application for
5-3 registration.<, that the owner of the vehicle hold a valid vehicle
5-4 emissions inspection certificate issued for the vehicle under that
5-5 Act within the 12 months preceding the application for
5-6 registration.>
5-7 The State Department of Highways and Public Transportation
5-8 shall implement such a system when it is required by any provision
5-9 of federal or state law, including any provision of the Texas air
5-10 quality state implementation plan. The board may require or accept
5-11 verification of compliance other than a vehicle inspection
5-12 certificate. The alternative verification of compliance shall be
5-13 in a form determined through joint rule making by the board and the
5-14 State Department of Highways and Public Transportation.
5-15 (i) The Texas Natural Resource Conservation Commission by
5-16 rule may establish a voluntary program to issue certificates of
5-17 training in emission control system repairs to qualified persons
5-18 based on testing programs or procedures or training programs
5-19 recognized by the Texas Natural Resource Conservation Commission
5-20 and may assess a registration fee to recover costs of the program
5-21 and such fee shall be deposited in the clean air fund to be used
5-22 for the purposes of this section.
5-23 (j) The Texas Natural Resource Conservation Commission by
5-24 rule may establish classes of vehicles that are exempt from
5-25 emissions inspection requirements, consistent with federal law.
6-1 The Texas Natural Resource Conservation Commission may also
6-2 establish procedures to review petitions for exemption for
6-3 individual vehicles based on criteria the board may establish by
6-4 rule, consistent with federal requirements. The Texas Natural
6-5 Resource Conservation Commission may establish fees to recover
6-6 costs of administering any exemptions and such fees shall be
6-7 deposited in the clean air fund to be used for the purposes of this
6-8 section.
6-9 (k) The seller of a vehicle with a valid registration based
6-10 on a validly issued vehicle emissions inspection certificate is not
6-11 liable for the cost of performing emission-related repairs that may
6-12 be necessary to pass a subsequent emissions inspection, except
6-13 those repairs associated with tampering with vehicle emission
6-14 control equipment or devices prior to the sale.
6-15 SECTION 6. Section 382.038, Health and Safety Code, is
6-16 amended by amending Subsection (e) and by adding Subsection (f) to
6-17 read as follows:
6-18 (e) The board <and the Department of Public Safety> shall
6-19 develop a challenge station program to provide for the reinspection
6-20 of vehicles at the vehicle owner's option in order to ensure
6-21 quality control of a vehicle emissions inspection and maintenance
6-22 system.
6-23 (f) The board may contract with private entities to operate
6-24 programs established under this section.
6-25 SECTION 7. The Department of Public Safety shall continue
7-1 its program of vehicle emissions inspections until the date that a
7-2 vehicle emissions inspection program administered by the Texas
7-3 Natural Resource Conservation Commission becomes effective in
7-4 accordance with the Federal Clean Air Act. The executive director
7-5 of the Texas Natural Resource Conservation Commission shall notify
7-6 the Department of Public Safety of the commencement date of the
7-7 emissions inspection program administered by the Texas Natural
7-8 Resource Conservation Commission.
7-9 SECTION 8. Before issuing a certificate of registration, the
7-10 county tax assessor-collector of each county shall:
7-11 (1) verify proof of residency of the owner by
7-12 requiring that the owner provide proof of insurance showing county
7-13 of residency, voter registration, driver's license, utility bill,
7-14 school tuition receipt, property tax receipt, or other proof
7-15 acceptable to the tax assessor-collector; and
7-16 (2) if the vehicle is required to have an emissions
7-17 inspection prior to registration, the county tax assessor-collector
7-18 shall also require the submission of an original emissions
7-19 inspection certificate or waiver issued for the vehicle by an
7-20 inspection station within the emissions inspection program area
7-21 within 90 days prior to registration. The county tax
7-22 assessor-collector shall collect the original emissions inspection
7-23 certificates and waivers and surrender them to the Texas Air
7-24 Control Board upon request.
7-25 SECTION 9. Section 4.202(a), County Road and Bridge Act
8-1 (Article 6702-1, Vernon's Texas Civil Statutes), is amended to read
8-2 as follows:
8-3 (a) As compensation for services under the laws relating to
8-4 the registration of vehicles, each county tax assessor-collector
8-5 shall receive a uniform fee of $1.90 for each of the receipts
8-6 issued each year pursuant to those laws. In a county where a
8-7 county tax assessor-collector is required to collect an original
8-8 emissions inspection certificate as part of the registration
8-9 process, the county tax assessor-collector shall receive an
8-10 additional $0.50 for each original emissions inspection certificate
8-11 collected. The compensation shall be deducted weekly by each
8-12 county tax assessor-collector from the gross collection made
8-13 pursuant to this Act and other laws relating to registration of
8-14 vehicles.
8-15 SECTION 10. Section 2a, Chapter 88, General Laws, Acts of
8-16 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2a,
8-17 Vernon's Texas Civil Statutes), is amended by amending Subsections
8-18 (f) and (g) to read as follows:
8-19 (f) The county tax assessor-collector <collector> is not
8-20 liable to any person for refusing to register a motor vehicle
8-21 covered by this section because of the person's failure to submit
8-22 evidence of:
8-23 (1) financial responsibility that complies with
8-24 Subsection (d) of this section; or
8-25 (2) an original emissions inspection certificate; or
9-1 (3) proof of residency.
9-2 (g) The county, the county tax assessor-collector
9-3 <collector>, a deputy county tax assessor-collector <collector>,
9-4 and any person acting for or on behalf of a county or county tax
9-5 assessor-collector <collector> are not liable to any person for
9-6 registering a motor vehicle <under this section>.
9-7 SECTION 11. The Texas Air Control Board, by rule, may
9-8 establish procedures whereby vehicles with number plates designated
9-9 exempt will be required to comply with the emissions inspection
9-10 requirements.
9-11 SECTION 12. The Texas Department of Transportation shall
9-12 collect and record the fuel type of each vehicle registered in
9-13 counties affected by the vehicle emissions inspection program.
9-14 SECTION 13. The Texas Air Control Board shall have the
9-15 authority to audit for compliance with the provisions of this Act.
9-16 SECTION 14. The importance of this legislation and the
9-17 crowded condition of the calendars in both houses create an
9-18 emergency and an imperative public necessity that the
9-19 constitutional rule requiring bills to be read on three several
9-20 days in each house be suspended, and this rule is hereby suspended.