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.