73R9748 E
          By Saunders                                           H.B. No. 1969
          Substitute the following for H.B. No. 1969:
          By Kuempel                                        C.S.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        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 6675b-1, Revised Statutes, is amended to
    1-5  read as follows:
    1-6        Art. 6675b-1.  OPERATING UNREGISTERED VEHICLE.  The owner of
    1-7  a motor vehicle operated or parked on a public highway <Whoever
    1-8  operates upon any public highway a motor vehicle> which has not
    1-9  been registered as required by law shall be fined not less than one
   1-10  hundred dollars or more than <to exceed> two hundred dollars.  Any
   1-11  vehicle parked on a public highway which has not been registered as
   1-12  required by law may be impounded by the governmental entity
   1-13  prosecuting the violation.  All fines collected under this article
   1-14  shall be retained by the governmental entity prosecuting the
   1-15  violation.  Vehicles not required to be registered pursuant to
   1-16  Article 6686, Revised Statutes, are not subject to this article.
   1-17        SECTION 2.  Article 6675b-6, Revised Statutes, is amended to
   1-18  read as follows:
   1-19        Art. 6675b-6.  MUST HAVE OWN NUMBER AND SEAL.  The owner of a
   1-20  motor vehicle operated or parked on a public highway <Whoever shall
   1-21  operate, or as owner permit to be operated upon a public highway a
   1-22  motor vehicle> with a number plate, <or> seal, inspection sticker,
   1-23  or decal issued for a different motor vehicle attached thereto
    2-1  shall be fined not less than one hundred dollars or more than
    2-2  <exceeding> two hundred dollars, unless the offense was committed
    2-3  knowingly or intentionally, in which event the offense is
    2-4  punishable as a Class B misdemeanor.  Any vehicle parked on a
    2-5  public highway in violation of this article may be impounded by the
    2-6  governmental entity prosecuting the violation.  All fines collected
    2-7  under this article shall be retained by the governmental entity
    2-8  prosecuting the violation.
    2-9        SECTION 3.  Article 6675b-7, Revised Statutes, is amended to
   2-10  read as follows:
   2-11        Art. 6675b-7.  WRONG NUMBER PLATE, SEAL, STICKER, OR DECAL
   2-12  <WRONG OR UNCLEAN NUMBER PLATE>.  No person shall attach to or
   2-13  display on any motor vehicle any number plate, <or> seal, or
   2-14  inspection or registration sticker or decal assigned to a different
   2-15  motor vehicle or assigned to it under any other motor vehicle law
   2-16  other than by the State Highway Department, or any registration
   2-17  seal other than that assigned for the current year, or a homemade
   2-18  or fictitious number plate or seal.  All letters, numbers, and
   2-19  other identification marks shall be kept clear and distinct and
   2-20  free from grease or other blurring matter so that they may be
   2-21  plainly seen at all times during daylight.  The owner of a motor
   2-22  vehicle operated or parked on a public highway who <Whoever>
   2-23  violates any provision of this article shall be fined not less than
   2-24  one hundred dollars or more than <exceeding> two hundred dollars,
   2-25  unless the offense was committed knowingly or intentionally <it is
    3-1  shown on the trial of the offense that the person intentionally or
    3-2  knowingly altered or made illegible the numbers, letters, or other
    3-3  identifying marks>, in which event the offense is punishable as a
    3-4  Class B misdemeanor.  Any vehicle parked on a public highway with a
    3-5  number plate, seal, inspection sticker, or decal issued for a
    3-6  different motor vehicle attached thereto may be impounded by the
    3-7  governmental entity prosecuting the violation.  All fines collected
    3-8  under this article shall be retained by the governmental entity
    3-9  prosecuting the violation.
   3-10        SECTION 4.  Subsection (d), Section 141, Uniform Act
   3-11  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   3-12  Statutes), is amended by adding Subdivision (5) to read as follows:
   3-13              (5)  All vehicles registered in another state, but
   3-14  which are primarily operated in this state, shall be inspected in
   3-15  the county of their primary area of operation.
   3-16        SECTION 5.  Section 382.037, Health and Safety Code, is
   3-17  amended by amending Subsection (e) and adding Subsections (i), (j),
   3-18  and (k) to read as follows:
   3-19        (e)  On adoption of a resolution by the board and after
   3-20  proper notice, the State Department of Highways and Public
   3-21  Transportation shall implement a system that requires, as a
   3-22  condition of registering a vehicle under Section 2, Chapter 88,
   3-23  General Laws, Acts of the 41st Legislature, 2nd Called Session,
   3-24  1929 (Article 6675a-2, Vernon's Texas Civil Statutes), in a county
   3-25  that is included in a vehicle emissions inspection and maintenance
    4-1  program under Section 142, Uniform Act Regulating Traffic on
    4-2  Highways (Article 6701d, Vernon's Texas Civil Statutes):
    4-3              (1)  that a vehicle, other than a vehicle being
    4-4  registered in conjunction with the initial retail sale, shall be
    4-5  inspected under the vehicle emissions inspection and maintenance
    4-6  program either annually or biennially as required by provisions of
    4-7  the Texas air quality state implementation plan;
    4-8              (2)  that the owner of a vehicle with an even-numbered
    4-9  model year as shown in the Texas Department of Transportation
   4-10  registration files and/or application of title, in a biennial
   4-11  emissions testing program area, submit a valid vehicle emissions
   4-12  inspection certificate issued for the vehicle within 90 days
   4-13  preceding the application for registration in even-numbered years;
   4-14              (3)  that the owner of a vehicle with an odd-numbered
   4-15  model year, as shown in the Texas Department of Transportation
   4-16  registration files and/or application of title, in a biennial
   4-17  emissions testing program area, submit a valid vehicle emissions
   4-18  inspection certificate issued for the vehicle within 90 days
   4-19  preceding the application for registration in odd-numbered years;
   4-20  and
   4-21              (4)  that the owner of a vehicle with either an
   4-22  even-numbered or odd-numbered model year, as shown in the Texas
   4-23  Department of Transportation registration files and/or application
   4-24  of title, in an annual emissions testing program area, submit a
   4-25  valid vehicle emissions inspection certificate issued for the
    5-1  vehicle within 90 days preceding the application for
    5-2  registration.<, that the owner of the vehicle hold a valid vehicle
    5-3  emissions inspection certificate issued for the vehicle under that
    5-4  Act within the 12 months preceding the application for
    5-5  registration.>
    5-6        The State Department of Highways and Public Transportation
    5-7  shall implement such a system when it is required by any provision
    5-8  of federal or state law, including any provision of the Texas air
    5-9  quality state implementation plan.  The board may require or accept
   5-10  verification of compliance other than a vehicle inspection
   5-11  certificate.  The alternative verification of compliance shall be
   5-12  in a form determined through joint rule making by the board and the
   5-13  State Department of Highways and Public Transportation.
   5-14        (i)  The Texas Natural Resource Conservation Commission by
   5-15  rule may establish a voluntary program to issue certificates of
   5-16  training in emission control system repairs to qualified persons
   5-17  based on testing programs or procedures or training programs
   5-18  recognized by the Texas Natural Resource Conservation Commission
   5-19  and may assess a registration fee to recover costs of the program
   5-20  and such fee shall be deposited in the clean air fund to be used
   5-21  for the purposes of this section.
   5-22        (j)  The Texas Natural Resource Conservation Commission by
   5-23  rule may establish classes of vehicles that are exempt from
   5-24  emissions inspection requirements, consistent with federal law.
   5-25  The Texas Natural Resource Conservation Commission may also
    6-1  establish procedures to review petitions for exemption for
    6-2  individual vehicles based on criteria the board may establish by
    6-3  rule, consistent with federal requirements.  The Texas Natural
    6-4  Resource Conservation Commission may establish fees to recover
    6-5  costs of administering any exemptions and such fees shall be
    6-6  deposited in the clean air fund to be used for the purposes of this
    6-7  section.
    6-8        (k)  The seller of a vehicle with a valid registration based
    6-9  on a validly issued vehicle emissions inspection certificate is not
   6-10  liable for the cost of performing emission-related repairs that may
   6-11  be necessary to pass a subsequent emissions inspection, except
   6-12  those repairs associated with tampering with vehicle emission
   6-13  control equipment or devices prior to the sale.
   6-14        SECTION 6.  Section 382.038, Health and Safety Code, is
   6-15  amended by amending Subsection (e) and by adding Subsection (f) to
   6-16  read as follows:
   6-17        (e)  The board <and the Department of Public Safety> shall
   6-18  develop a challenge station program to provide for the reinspection
   6-19  of vehicles at the vehicle owner's option in order to ensure
   6-20  quality control of a vehicle emissions inspection and maintenance
   6-21  system.
   6-22        (f)  The board may contract with private entities to operate
   6-23  programs established under this section.
   6-24        SECTION 7.  The Department of Public Safety shall continue
   6-25  its program of vehicle emissions inspections until the date that a
    7-1  vehicle emissions inspection program administered by the Texas
    7-2  Natural Resource Conservation Commission becomes effective in
    7-3  accordance with the Federal Clean Air Act.   The executive director
    7-4  of the Texas Natural Resource Conservation Commission shall notify
    7-5  the Department of Public Safety of the commencement date of the
    7-6  emissions inspection program administered by the Texas Natural
    7-7  Resource Conservation Commission.
    7-8        SECTION 8.  Before issuing a certificate of registration, the
    7-9  county tax assessor-collector of each county shall:
   7-10              (1)  verify proof of residency of the owner by
   7-11  requiring that the owner provide proof of insurance showing county
   7-12  of residency, voter registration, driver's license, utility bill,
   7-13  school tuition receipt, property tax receipt, or other proof
   7-14  acceptable to the tax assessor-collector; and
   7-15              (2)  if the vehicle is required to have an emissions
   7-16  inspection prior to registration, the county tax assessor-collector
   7-17  shall also require the submission of an original emissions
   7-18  inspection certificate or waiver issued for the vehicle by an
   7-19  inspection station within the emissions inspection program area
   7-20  within 90 days prior to registration.  The county tax
   7-21  assessor-collector shall collect the original emissions inspection
   7-22  certificates and waivers and surrender them to the Texas Air
   7-23  Control Board upon request.
   7-24        SECTION 9.  Section 4.202(a), County Road and Bridge Act
   7-25  (Article 6702-1, Vernon's Texas Civil Statutes), is amended to read
    8-1  as follows:
    8-2        (a)  As compensation for services under the laws relating to
    8-3  the registration of vehicles, each county tax assessor-collector
    8-4  shall receive a uniform fee of $1.90 for each of the receipts
    8-5  issued each year pursuant to those laws.  In a county where a
    8-6  county tax assessor-collector is required to collect an original
    8-7  emissions inspection certificate as part of the registration
    8-8  process, the county tax assessor-collector shall receive an
    8-9  additional $0.50 for each original emissions inspection certificate
   8-10  collected.  The compensation shall be deducted weekly by each
   8-11  county tax assessor-collector from the gross collection made
   8-12  pursuant to this Act and other laws relating to registration of
   8-13  vehicles.
   8-14        SECTION 10.  Section 2a, Chapter 88, General Laws, Acts of
   8-15  the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2a,
   8-16  Vernon's Texas Civil Statutes), is amended by amending Subsections
   8-17  (f) and (g) to read as follows:
   8-18        (f)  The county tax assessor-collector <collector> is not
   8-19  liable to any person for refusing to register a motor vehicle
   8-20  covered by this section because of the person's failure to submit
   8-21  evidence of:
   8-22              (1)  financial responsibility that complies with
   8-23  Subsection (d) of this section; or
   8-24              (2)  an original emissions inspection certificate; or
   8-25              (3)  proof of residency.
    9-1        (g)  The county, the county tax assessor-collector
    9-2  <collector>, a deputy county tax assessor-collector <collector>,
    9-3  and any person acting for or on behalf of a county or county tax
    9-4  assessor-collector <collector> are not liable to any person for
    9-5  registering a motor vehicle <under this section>.
    9-6        SECTION 11.  The Texas Air Control Board, by rule, may
    9-7  establish procedures whereby vehicles with number plates designated
    9-8  exempt will be required to comply with the emissions inspection
    9-9  requirements.
   9-10        SECTION 12.  The Texas Department of Transportation shall
   9-11  collect and record the fuel type of each vehicle registered in
   9-12  counties affected by the vehicle emissions inspection program.
   9-13        SECTION 13.  The Texas Air Control Board shall have the
   9-14  authority to audit for compliance with the provisions of this Act.
   9-15        SECTION 14.  The importance of this legislation and the
   9-16  crowded condition of the calendars in both houses create an
   9-17  emergency and an imperative public necessity that the
   9-18  constitutional rule requiring bills to be read on three several
   9-19  days in each house be suspended, and this rule is hereby suspended.