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        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.  (þLOperatingää Unregistered vehicle.  The owner
    1-7  of a motor vehicle operated or parked on a public highway and any
    1-8  person who <Whoever> operates upon any public highway a motor
    1-9  vehicle which has not been registered as required by law shall be
   1-10  fined not less than one hundred dollars or more than <to exceed>
   1-11  two hundred dollars.  Any vehicle parked on a public highway which
   1-12  has not been registered as required by law may be impounded by the
   1-13  governmental entity prosecuting the violation.  All fines and
   1-14  impoundment fees collected under this article shall be retained by
   1-15  the governmental entity prosecuting the violation.
   1-16        SECTION 2.        Article 6675b-6, Revised Statutes, is
   1-17  amended to read as follows:
   1-18        Art. 6675b-6.  Must have own number and seal.  The owner of a
   1-19  motor vehicle operated or parked on a public highway and any person
   1-20  who operates <Whoever shall operate, or as owner permit to be
   1-21  operated> upon a public highway a motor vehicle with a number plate
   1-22  <or> seal inspection sticker or decal issued for a different motor
   1-23  vehicle attached thereto shall be fined not less than one hundred
    2-1  dollars or more than <exceeding> two hundred dollars.  Any vehicle
    2-2  parked on a public highway with a number plate, seal, inspection or
    2-3  registration sticker or decal issued for a different motor vehicle
    2-4  attached thereto may be impounded by the governmental entity
    2-5  prosecuting the violation.  All fines and impoundment fees
    2-6  collected under this article shall be retained by the governmental
    2-7  entity prosecuting the violation.
    2-8        SECTION 3.  Article 6675b-7, Revised Statutes, is amended to
    2-9  read as follows:
   2-10        Art. 6675b-7.  Wrong or unclean number plate.  No person
   2-11  shall attach to or display on any motor vehicle any number plate,
   2-12  <or> seal, or inspection or registration sticker or decal assigned
   2-13  to a different motor vehicle or assigned to it under any other
   2-14  motor vehicle law other than by the State Highway Department, or
   2-15  any registration seal other than that assigned for the current
   2-16  year, or a homemade or fictitious number plate or seal.  All
   2-17  letters, numbers and other identification marks shall be kept clear
   2-18  and distinct and free from grease or other blurring matter so that
   2-19  they may be plainly seen at all times during daylight.  The owner
   2-20  of a motor vehicle operated or parked on a public highway, any
   2-21  person who operates a motor vehicle on a public highway and any
   2-22  other person who <Whoever> violates any provision of this article
   2-23  shall be fined not less than one hundred dollars or more than
   2-24  <exceeding> two hundred dollars, unless it is shown on the trial of
   2-25  the offense that the person intentionally or knowingly altered or
    3-1  made illegible the numbers, letters, or other identifying marks, in
    3-2  which event the offense is punishable as a Class B misdemeanor.
    3-3  Any vehicle parked on a public highway with a number plate, seal,
    3-4  inspection sticker or decal issued for a different motor vehicle
    3-5  attached thereto may be impounded by the governmental entity
    3-6  prosecuting the violation.  All fines and impoundment fees
    3-7  collected under this article shall be retained by the governmental
    3-8  entity prosecuting the violation.
    3-9        SECTION 4.  Subsection (d), Section 141, Uniform Act
   3-10  Regulating Traffic on Highways (Article 6701d, V.T.C.S.), is
   3-11  amended by adding Subdivision (5) to read as follows:
   3-12              (5)  All vehicles registered in another state, but
   3-13  which are primarily operated in this state, shall be inspected in
   3-14  the county of their primary area of operation.
   3-15        SECTION 5.  Section 382.037, Health and Safety Code, is
   3-16  amended by amending Subsection (e) and adding Subsections (i) and
   3-17  (j) to read as follows:
   3-18        (e)  On adoption of a resolution by the board and after
   3-19  proper notice, the State Department of Highways and Public
   3-20  Transportation shall implement a system that requires, as a
   3-21  condition of registering a vehicle under Section 2, Chapter 88,
   3-22  General Laws, Acts of the 41st Legislature, 2nd Called Session,
   3-23  1929 (Article 6675a-2, Vernon's Texas Civil Statutes), in a county
   3-24  that is included in a vehicle emissions inspection and maintenance
   3-25  program under Section 142, Uniform Act Regulating Traffic on
    4-1  Highways (Article 6701d, Vernon's Texas Civil Statutes):
    4-2              (1)  that a vehicle shall be inspected under the
    4-3  vehicle emissions inspection and maintenance program either
    4-4  annually or biennially as required by provisions of the Texas Air
    4-5  Quality State Implementation Plan.
    4-6              (2)  that the owner of a vehicle manufactured in an
    4-7  even-numbered year, in a biennial emissions testing program area,
    4-8  submit a valid vehicle emissions inspection certificate issued for
    4-9  the vehicle within 90 days preceding the application for
   4-10  registration in even-numbered years, and
   4-11              (3)  that the owner of a vehicle manufactured in an
   4-12  odd-numbered year, in a biennial emissions testing program area,
   4-13  submit a valid vehicle emissions inspection certificate issued for
   4-14  the vehicle within 90 days preceding the application for
   4-15  registration in odd-numbered years, and
   4-16              (4)  that the owner of a vehicle manufactured in either
   4-17  an even or odd-numbered year, in an annual emissions testing
   4-18  program area, submit a valid vehicle emissions inspection
   4-19  certificate issued for the vehicle within 90 days preceding the
   4-20  application for registration.  The State Department of Highways and
   4-21  Public Transportation shall implement such a system when it is
   4-22  required by any provision of federal or state law, including any
   4-23  provision of the Texas air quality state implementation plan.  The
   4-24  board may require or accept verification of compliance other than a
   4-25  vehicle inspection certificate.  The alternative verification of
    5-1  compliance shall be in a form determined through joint rule making
    5-2  by the board of the State Department of Highways and Public
    5-3  Transportation.
    5-4        (i)  The board by rule may establish a voluntary program to
    5-5  issue certificates of training in emission control system repairs
    5-6  to qualified persons based on testing programs or procedures or
    5-7  training programs recognized by the board and may assess a
    5-8  registration fee to recover costs of the program and such fee shall
    5-9  be deposited in the Clean Air Fund to be used for the purposes of
   5-10  this section.
   5-11        (j)  The board by rule may establish exemptions from the
   5-12  requirements of this section for any vehicle defined by Article
   5-13  6675a-1, Revised Statutes, consistent with federal requirements,
   5-14  and shall establish a fee to recover costs of the program and such
   5-15  fee shall be deposited in the Clean Air Fund to be used for the
   5-16  purposes of this section.
   5-17        SECTION 6.  Subsection (e), Section 382.038, Health and
   5-18  Safety Code, is amended to read as follows:
   5-19        (e)  The board <and the Department of Public Safety> shall
   5-20  develop a challenge station program to ensure quality control of a
   5-21  vehicle emissions inspection and maintenance system.  The board may
   5-22  contract with a private entity to carry out such a program.
   5-23        SECTION 7.  The Department of Public Safety shall continue
   5-24  its program of vehicle emissions inspections until the date that a
   5-25  test only vehicle emissions inspection program in accordance with
    6-1  the Federal Clean Air Act commences.  The Executive Director of the
    6-2  Texas Natural Resources Conservation Commission shall notify the
    6-3  Department of the commencement date of the centralized emissions
    6-4  inspection program.
    6-5        SECTION 8.  The Texas Air Control Board and the Texas
    6-6  Department of Transportation shall, by rule, require that motor
    6-7  vehicles be registered in the county of the residence of the owner
    6-8  and that proof of residency be furnished at the time of
    6-9  registration or reregistration.
   6-10        SECTION 9.  The County Tax Assessor-Collector of each county
   6-11  shall verify the proof of residency of the owner and an original
   6-12  emission inspection certificate of the vehicle issued within 90
   6-13  days prior to registration before issuing a certificate of
   6-14  registration.
   6-15        SECTION 10.  The Texas Air Control Board, by rule, may
   6-16  establish a plan of enforcement, whereby vehicles with number
   6-17  plates designated exempt will be required to comply with special
   6-18  provisions of the emissions inspection requirements.
   6-19        SECTION 11.  The County Tax Assessor-Collector of each county
   6-20  shall verify fuel type of each vehicle at the time of registration
   6-21  or reregistration.
   6-22        SECTION 12.  The importance of this legislation and the
   6-23  crowded condition of the calendars in both houses create an
   6-24  emergency and an imperative public necessity that the
   6-25  constitutional rule requiring bills to be read on three several
    7-1  days in each house be suspended, and this rule is hereby suspended.