H.B. No. 1969
1-1 AN ACT
1-2 relating to motor vehicle registrations and inspections; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.037, Health and Safety Code, is
1-6 amended by amending Subsections (d), (e), (f), (g), and (h), and
1-7 adding Subsections (i), (j), (k), (l), (m), and (n) to read as
1-8 follows:
1-9 (d) <A program initiated under this section may not include
1-10 registration-based enforcement unless the State Department of
1-11 Highways and Public Transportation elects to include the program in
1-12 its registration enforcement system.>
1-13 <(e)> On adoption of a resolution by the board and after
1-14 proper notice, the Texas Department of Transportation <State
1-15 Department of Highways and Public Transportation> shall implement a
1-16 system that requires, as a condition of registering a motor vehicle
1-17 under Section 2, Chapter 88, General Laws, Acts of the 41st
1-18 Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's
1-19 Texas Civil Statutes), in a county that is included in a vehicle
1-20 emissions inspection and maintenance program under Section 142,
1-21 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
1-22 Texas Civil Statutes), that the vehicle, unless the vehicle is not
1-23 covered by the system or is being registered in conjunction with
2-1 the vehicle's first sale as that term is defined by Section 7,
2-2 Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
2-3 Statutes), be annually or biennially inspected under the vehicle
2-4 emissions inspection and maintenance program as required by the
2-5 Texas air quality state implementation plan <the owner of the
2-6 vehicle hold a valid vehicle emissions inspection certificate
2-7 issued for the vehicle under that Act within the 12 months
2-8 preceding the application for registration>. The Texas Department
2-9 of Transportation <State Department of Highways and Public
2-10 Transportation> shall implement such a system when it is required
2-11 by any provision of federal or state law, including any provision
2-12 of the Texas air quality state implementation plan. The board may
2-13 require or accept verification of compliance other than a vehicle
2-14 inspection certificate. The alternative verification of compliance
2-15 shall be in a form determined through joint rule making by the
2-16 board and the Texas Department of Transportation <State Department
2-17 of Highways and Public Transportation>.
2-18 (e) <(f)> The board may assess fees for vehicle
2-19 emissions-related inspections performed at inspection or
2-20 reinspection facilities authorized and licensed by the board in
2-21 amounts reasonably necessary to recover the costs of developing,
2-22 administering, evaluating, and enforcing the vehicle emissions
2-23 inspection and maintenance program. If the program relies on
2-24 privately operated or contractor-operated inspection or
2-25 reinspection stations, an appropriate portion of the fee as
3-1 determined by board rule may be retained by the station owner or
3-2 operator to recover the cost of performing the inspections and
3-3 provide a reasonable margin of profit. Any portion of the fee
3-4 collected by the board is a Clean Air Act fee under Section
3-5 382.0622.
3-6 (f) <(g)> The board shall examine the efficacy of annually
3-7 inspecting diesel vehicles for compliance with applicable federal
3-8 emission standards, compliance with an opacity or other
3-9 emissions-related standard established by board rule, or both and
3-10 shall implement that inspection program if the board determines the
3-11 program would minimize emissions. For purposes of this subsection,
3-12 a diesel engine not used in a vehicle registered for use on public
3-13 highways is not a diesel vehicle.
3-14 (g) <(h)> The board may not establish vehicle fuel content
3-15 standards to provide for vehicle fuel content for clean motor
3-16 vehicle fuels other than those standards promulgated by the United
3-17 States Environmental Protection Agency unless specifically
3-18 authorized by the legislature or unless it is demonstrated to be
3-19 necessary for the attainment of federal ozone ambient air quality
3-20 standards or, following appropriate health studies and in
3-21 consultation with the Texas Department of Health, it is determined
3-22 to be necessary for the protection of public health.
3-23 (h) If the Texas Department of Transportation adopts a
3-24 system under Subsection (d), the department by rule shall:
3-25 (1) require, for a vehicle that is to be registered in
4-1 a county covered by a biennial emissions testing program, that in
4-2 an even-numbered year the owner of a vehicle of an even-numbered
4-3 model year, and in an odd-numbered year the owner of a vehicle of
4-4 an odd-numbered model year, submit to the department a valid
4-5 vehicle emissions inspection certificate issued for that vehicle
4-6 within 90 days preceding the date on which the person applies for
4-7 the registration; and
4-8 (2) require the owner of a vehicle that is to be
4-9 registered in an area covered by an annual emissions testing
4-10 program to submit to the department a valid emissions inspection
4-11 certificate issued for that vehicle within 90 days preceding the
4-12 date on which the person applies for the registration.
4-13 (i) If the Texas Department of Transportation implements a
4-14 system under Subsection (d), the department shall collect and
4-15 record the type of fuel used by each vehicle registered in a county
4-16 covered by a vehicle emissions inspection and maintenance program.
4-17 (j) The board by rule may establish a voluntary program to
4-18 issue certificates of training in vehicle emission control system
4-19 repair to qualified persons who successfully complete testing
4-20 programs or procedures or training programs approved by the board
4-21 and by rule may assess a registration fee to recover costs of the
4-22 program. Fees collected under this subsection shall be remitted to
4-23 the comptroller for deposit in the clean air fund and may be used
4-24 only for the purposes of this section.
4-25 (k) The board by rule may establish classes of vehicles that
5-1 are exempt from vehicle emissions inspections and by rule may
5-2 establish procedures to allow and review petitions for the
5-3 exemption of individual vehicles, according to criteria established
5-4 by board rule. Rules adopted by the board under this subsection
5-5 must be consistent with federal law. The board by rule may
5-6 establish fees to recover the costs of administering this
5-7 subsection. Fees collected under this subsection shall be remitted
5-8 to the comptroller for deposit in the clean air fund and may be
5-9 used only for the purposes of this section.
5-10 (l) The board by rule may require a vehicle that is exempt
5-11 from the payment of registration fees and issued specially
5-12 designated license plates under Section 3aa, Chapter 88, General
5-13 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
5-14 (Article 6675a-3aa, Vernon's Texas Civil Statutes), or that is
5-15 registered in another state or in a county in this state that is
5-16 not included in a vehicle emissions testing and maintenance
5-17 program, to comply with a vehicle emissions inspection and
5-18 maintenance program if the vehicle is primarily operated, as
5-19 defined by board rule, in a county that is included in the vehicle
5-20 emissions inspection and maintenance program.
5-21 (m) Except as provided by this subsection, a person who
5-22 sells or transfers ownership of a motor vehicle for which a vehicle
5-23 emissions inspection certificate has been issued is not liable for
5-24 the cost of emission control system repairs that are required for
5-25 the vehicle subsequently to receive an emissions inspection
6-1 certificate. This subsection does not apply to repairs that are
6-2 required because emission control equipment or devices on the
6-3 vehicle were removed or tampered with before the sale or transfer
6-4 of the vehicle.
6-5 (n) The board may conduct audits to determine compliance
6-6 with this section and with any vehicle emissions inspection and
6-7 certificate programs under Sections 141 and 142, Uniform Act
6-8 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
6-9 Statutes).
6-10 SECTION 2. Section 382.038, Health and Safety Code, is
6-11 amended by amending Subsection (e) and adding Subsections (f), (g),
6-12 and (h) to read as follows:
6-13 (e) The board <and the Department of Public Safety> shall
6-14 develop a challenge station program to provide for the reinspection
6-15 of a motor vehicle at the option of the owner of the vehicle to
6-16 ensure quality control of a vehicle emissions inspection and
6-17 maintenance system.
6-18 (f) The board may contract with one or more private entities
6-19 to operate a program established under this section.
6-20 (g) In addition to other procedures established by the
6-21 board, the board shall establish procedures by which a private
6-22 entity with whom the board has entered into a contract to operate a
6-23 program established under this section may agree to perform:
6-24 (1) testing at a fleet facility or dealership using
6-25 mobile test equipment;
7-1 (2) testing at a fleet facility or dealership using
7-2 test equipment owned by the fleet or dealership but calibrated and
7-3 operated by the private entity's personnel; or
7-4 (3) testing at a fleet facility or dealership using
7-5 test equipment owned and operated by the private entity and
7-6 installed at the fleet or dealership facility.
7-7 (h) The fee for a test conducted as provided by Subsection
7-8 (g) shall be set by the board in an amount not to exceed twice the
7-9 fee otherwise provided by law or by rule of the board. An
7-10 appropriate portion of the fee, as determined by the board, may be
7-11 remitted by the private entity to the fleet facility or dealership.
7-12 SECTION 3. Section 2, Chapter 88, General Laws, Acts of the
7-13 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
7-14 Vernon's Texas Civil Statutes), is amended by amending Subsections
7-15 (a) and (i) and adding Subsection (j) to read as follows:
7-16 (a) Except as provided by this subsection, every owner of a
7-17 motor vehicle, trailer or semitrailer used or to be used upon the
7-18 public highways of this State shall apply each year to the Texas
7-19 Department of Transportation <State Department of Highways and
7-20 Public Transportation> through the County Tax Collector of the
7-21 county in which he resides for the registration of each such
7-22 vehicle owned or controlled by him for the ensuing or current
7-23 calendar year or unexpired portion thereof; provided, that where a
7-24 public highway separates lands under the dominion or control of the
7-25 owner, the operation of such a motor vehicle by such owner, his
8-1 agent or employee, across such highway shall not constitute a use
8-2 of such motor vehicle upon a public highway of this State. An
8-3 all-terrain vehicle, with or without design alterations, may not be
8-4 registered for operation on public highways, except that the State,
8-5 a county, or a municipality may register an all-terrain vehicle for
8-6 operation on public beaches and highways to maintain public safety
8-7 and welfare. In lieu of highway motor vehicle registration, the
8-8 owner of an all-terrain vehicle that is not authorized to operate
8-9 on public beaches or highways and that is used or to be used on
8-10 public property in this State shall apply each year to the Texas
8-11 Department of Transportation <State Department of Highways and
8-12 Public Transportation> through the County Tax Collector of the
8-13 county in which he resides for off-highway registration of each
8-14 vehicle owned or controlled by him for the ensuing or current
8-15 calendar year or unexpired portion of the calendar year. The Texas
8-16 Department of Transportation through the County Tax Collector shall
8-17 require an applicant for registration of a vehicle in a county that
8-18 is not covered by a vehicle emissions inspection program to provide
8-19 evidence that the applicant is a resident of that county. The
8-20 Department by rule shall prescribe acceptable forms and types of
8-21 evidence. Acceptable forms and types of evidence may include voter
8-22 registration information, driver's license information, utility
8-23 billing information, property tax payment information, a school
8-24 tuition receipt, or evidence of compliance with the Texas Motor
8-25 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
9-1 Civil Statutes). The County Tax Collector, a deputy County Tax
9-2 Collector, or a person acting on behalf of the County Tax Collector
9-3 is not liable to any person for refusing to register a motor
9-4 vehicle because of the person's failure to submit evidence of
9-5 residency that complies with rules of the Department or for
9-6 registering a motor vehicle under this section.
9-7 (i) In implementing each system that requires a valid
9-8 vehicle emissions inspection certificate as a condition of
9-9 registering a vehicle in a county that is included in a vehicle
9-10 emissions inspection and maintenance program under Section 142,
9-11 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
9-12 Texas Civil Statutes), the Texas Department of Transportation
9-13 <State Department of Highways and Public Transportation> through
9-14 the county tax collector in the county may not issue a registration
9-15 for a vehicle unless the vehicle emissions inspection certificate
9-16 for that vehicle issued by an inspection station located in a
9-17 county that is included in the vehicle emissions inspection and
9-18 maintenance program within the applicable period required by
9-19 Section 382.037(h), Health and Safety Code, or other verification
9-20 of compliance, as provided by Section 382.037<(e)>, Health and
9-21 Safety Code, is submitted with the application for registration or
9-22 renewal of registration. The county tax collector, a deputy county
9-23 tax collector, or a person acting on behalf of the county tax
9-24 collector is not liable to any person for refusing to register a
9-25 motor vehicle because of the person's failure to submit the vehicle
10-1 emissions inspection certificate, waiver, or other verification of
10-2 compliance or for registering a motor vehicle under this section.
10-3 (j)(1) A county tax collector covered by Subsection (i) of
10-4 this section shall collect the original emissions inspection
10-5 certificates, waivers, and other verifications of compliance and on
10-6 request of the Texas Natural Resource Conservation Commission shall
10-7 submit the certificates, waivers, and the other verifications to
10-8 the commission.
10-9 (2) Each county tax collector shall submit an annual
10-10 report to the Texas Natural Resource Conservation Commission and
10-11 the Texas Department of Transportation that shows:
10-12 (A) the number of registrations denied because
10-13 of the applicant's failure to provide proof of residency in the
10-14 county;
10-15 (B) the number of registrations denied because
10-16 of the applicant's failure to provide an original emissions
10-17 inspection certificate or a valid waiver; and
10-18 (C) an itemized accounting of the costs to the
10-19 county of administering this subsection and Subsections (a) and (i)
10-20 of this section.
10-21 SECTION 4. Title 116, Revised Statutes, is amended by adding
10-22 Articles 6675b-4, 6675b-4A, and 6675b-4B to read as follows:
10-23 Art. 6675b-4. UNREGISTERED VEHICLE IN CERTAIN COUNTIES.
10-24 (a) In a county covered by a vehicle emissions inspection and
10-25 maintenance program as required by the Texas air quality state
11-1 implementation plan, the owner of a motor vehicle that has not been
11-2 registered as required by law commits an offense if the vehicle is
11-3 operated or parked on a public roadway. An offense under this
11-4 subsection is punishable by a fine of not less than $100 or more
11-5 than $200.
11-6 (b) In a county covered by a vehicle emissions inspection
11-7 and maintenance program, a vehicle that has not been registered as
11-8 required by law and that is operated or parked on a public roadway
11-9 may be impounded by a peace officer or other authorized employee of
11-10 the state or the political subdivision of the state in which the
11-11 vehicle is operated or parked.
11-12 Art. 6675b-4A. VEHICLES IN CERTAIN COUNTIES TO HAVE OWN
11-13 NUMBER PLATE AND SEAL. (a) In a county covered by a vehicle
11-14 emissions inspection and maintenance program as required by the
11-15 Texas air quality state implementation plan, the owner of a motor
11-16 vehicle to which is attached or on which is displayed a number
11-17 plate or seal issued for a different vehicle commits an offense if
11-18 the motor vehicle is operated or parked on a public roadway.
11-19 (b) Except as provided by Subsection (c) of this article, an
11-20 offense under this article is punishable by a fine of not less than
11-21 $100 or more than $200.
11-22 (c) An offense under this article is a Class B misdemeanor
11-23 if the owner knows that the number plate or seal is for a different
11-24 vehicle.
11-25 (d) In a county covered by a vehicle emissions inspection
12-1 and maintenance program, a motor vehicle to which is attached or on
12-2 which is displayed a number plate or seal issued for a different
12-3 vehicle and that is operated or parked on a public roadway may be
12-4 impounded by a peace officer or other authorized employee of the
12-5 state or the political subdivision of the state in which the motor
12-6 vehicle is operated or parked.
12-7 Art. 6675b-4B. WRONG OR UNCLEAN NUMBER PLATE IN CERTAIN
12-8 COUNTIES. (a) In a county covered by a vehicle emissions
12-9 inspection and maintenance program as required by the Texas air
12-10 quality implementation plan, the owner of a motor vehicle on which
12-11 is displayed a number plate or seal that is assigned to the vehicle
12-12 for a registration year other than the current year or that is
12-13 homemade or fictitious commits an offense if the motor vehicle is
12-14 operated or parked on a public roadway.
12-15 (b) All letters, numbers, and other identification marks
12-16 shall be kept clear and distinct and free from grease or other
12-17 blurring matter so that they may be plainly seen at all times
12-18 during daylight.
12-19 (c) Except as provided by Subsection (d) of this article, an
12-20 offense under this article is punishable by a fine of not less than
12-21 $100 or more than $200.
12-22 (d) An offense under this article is a Class B misdemeanor
12-23 if the owner knows that the number plate or seal is not assigned
12-24 for the current year or is homemade or fictitious.
12-25 (e) A motor vehicle on which is displayed a number plate
13-1 that is prohibited by this article and that is operated or parked
13-2 on a public roadway may be impounded by a peace officer or other
13-3 authorized employee of the state or the political subdivision of
13-4 the state in which the vehicle is operated or parked.
13-5 SECTION 5. Section 141(d), Uniform Act Regulating Traffic on
13-6 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
13-7 by adding Subdivision (5) to read as follows:
13-8 (5)(A) The owner of a motor vehicle on which is
13-9 displayed an inspection certificate in violation of Subdivision (2)
13-10 of this subsection commits an offense if the vehicle is operated or
13-11 parked on a public highway.
13-12 (B) Except as provided by Paragraph (C) of this
13-13 subdivision, an offense under this subdivision is punishable by a
13-14 fine of not less than $100 or more than $200.
13-15 (C) An offense under this subdivision is a Class
13-16 B misdemeanor if the inspection certificate is a vehicle emissions
13-17 inspection certificate and the owner knows that the certificate is
13-18 prohibited by Subdivision (2) of this subsection.
13-19 (D) A motor vehicle on which is displayed a
13-20 vehicle emissions inspection certificate in violation of
13-21 Subdivision (2) of this subsection and that is operated or parked
13-22 on a public roadway may be impounded by a peace officer or other
13-23 authorized employee of the state or the political subdivision of
13-24 the state in which the vehicle is parked or operated.
13-25 SECTION 6. Section 142(h), Uniform Act Regulating Traffic on
14-1 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
14-2 to read as follows:
14-3 (h) The Public Safety Commission shall continue to
14-4 administer the <A> motor vehicle emissions inspection and
14-5 maintenance program instituted under this Act until the date that a
14-6 vehicle emissions inspection program administered <shall be
14-7 terminated upon receipt of a request consisting of a resolution
14-8 adopted> by the Texas Natural Resource Conservation Commission is
14-9 implemented in accordance with the federal Clean Air Act. The
14-10 executive director of the Texas Natural Resource Conservation
14-11 Commission shall notify the Public Safety Commission of the date on
14-12 which the vehicle emissions inspection program administered by the
14-13 Texas Natural Resource Conservation Commission will become
14-14 effective.
14-15 SECTION 7. Section 4.202, County Road and Bridge Act
14-16 (Article 6702-1, Vernon's Texas Civil Statutes), is amended by
14-17 adding Subsections (a-1) and (a-2) to read as follows:
14-18 (a-1) A county tax assessor-collector who is required by
14-19 Section 2(j), Chapter 88, General Laws, Acts of the 41st
14-20 Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's
14-21 Texas Civil Statutes), to collect a vehicle emissions inspection
14-22 certificate, other verification of compliance, or a valid waiver
14-23 from an applicant for registration of a vehicle shall collect and
14-24 retain for the county a fee of 50 cents for each emissions
14-25 inspection certificate or other verification collected.
15-1 (a-2) A county tax assessor-collector, other than a county
15-2 tax assessor-collector covered by Subsection (a-1) of this section,
15-3 who is required by Section 2(a), Chapter 88, General Laws, Acts of
15-4 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
15-5 Vernon's Texas Civil Statutes), to require an applicant for
15-6 registration to provide evidence that the applicant is a resident
15-7 of that county shall collect and retain for the county a fee of 25
15-8 cents for each registration.
15-9 SECTION 8. The importance of this legislation and the
15-10 crowded condition of the calendars in both houses create an
15-11 emergency and an imperative public necessity that the
15-12 constitutional rule requiring bills to be read on three several
15-13 days in each house be suspended, and this rule is hereby suspended.