1-1  By:  Saunders (Senate Sponsor - Ellis)                H.B. No. 1969
    1-2        (In the Senate - Received from the House May 13, 1993;
    1-3  May 14, 1993, read first time and referred to Committee on State
    1-4  Affairs; May 20, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 0; May 20, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Harris of Dallas   x                               
   1-10        Rosson             x                               
   1-11        Carriker           x                               
   1-12        Henderson          x                               
   1-13        Leedom             x                               
   1-14        Lucio              x                               
   1-15        Luna                                          x    
   1-16        Nelson             x                               
   1-17        Patterson          x                               
   1-18        Shelley                                       x    
   1-19        Sibley             x                               
   1-20        West               x                               
   1-21        Whitmire                                      x    
   1-22  COMMITTEE SUBSTITUTE FOR H.B. No. 1969                  By:  Sibley
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to motor vehicle registrations and inspections; providing
   1-26  penalties.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  Section 382.037, Health and Safety Code, is
   1-29  amended by amending Subsections (d), (e), (f), (g), and (h), and
   1-30  adding Subsections (i), (j), (k), (l), (m), and (n) to read as
   1-31  follows:
   1-32        (d)  <A program initiated under this section may not include
   1-33  registration-based enforcement unless the State Department of
   1-34  Highways and Public Transportation elects to include the program in
   1-35  its registration enforcement system.>
   1-36        <(e)>  On adoption of a resolution by the board and after
   1-37  proper notice, the Texas Department of Transportation <State
   1-38  Department of Highways and Public Transportation> shall implement a
   1-39  system that requires, as a condition of registering a motor vehicle
   1-40  under Section 2, Chapter 88, General Laws, Acts of the 41st
   1-41  Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's
   1-42  Texas Civil Statutes), in a county that is included in a vehicle
   1-43  emissions inspection and maintenance program under Section 142,
   1-44  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   1-45  Texas Civil Statutes), that the vehicle, unless the vehicle is not
   1-46  covered by the system or is being registered in conjunction with
   1-47  the vehicle's first sale as that term is defined by Section 7,
   1-48  Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
   1-49  Statutes), be annually or biennially inspected under the vehicle
   1-50  emissions inspection and maintenance program as required by the
   1-51  Texas air quality state implementation plan <the owner of the
   1-52  vehicle hold a valid vehicle emissions inspection certificate
   1-53  issued for the vehicle under that Act within the 12 months
   1-54  preceding the application for registration>.  The Texas Department
   1-55  of Transportation <State Department of Highways and Public
   1-56  Transportation> shall implement such a system when it is required
   1-57  by any provision of federal or state law, including any provision
   1-58  of the Texas air quality state implementation plan.  The board may
   1-59  require or accept verification of compliance other than a vehicle
   1-60  inspection certificate.  The alternative verification of compliance
   1-61  shall be in a form determined through joint rule making by the
   1-62  board and the Texas Department of Transportation <State Department
   1-63  of Highways and Public Transportation>.
   1-64        (e) <(f)>  The board may assess fees for vehicle
   1-65  emissions-related inspections performed at inspection or
   1-66  reinspection facilities authorized and licensed by the board in
   1-67  amounts reasonably necessary to recover the costs of developing,
   1-68  administering, evaluating, and enforcing the vehicle emissions
    2-1  inspection and maintenance program.  If the program relies on
    2-2  privately operated or contractor-operated inspection or
    2-3  reinspection stations, an appropriate portion of the fee as
    2-4  determined by board rule may be retained by the station owner or
    2-5  operator to recover the cost of performing the inspections and
    2-6  provide a reasonable margin of profit.  Any portion of the fee
    2-7  collected by the board is a Clean Air Act fee under Section
    2-8  382.0622.
    2-9        (f) <(g)>  The board shall examine the efficacy of annually
   2-10  inspecting diesel vehicles for compliance with applicable federal
   2-11  emission standards, compliance with an opacity or other
   2-12  emissions-related standard established by board rule, or both and
   2-13  shall implement that inspection program if the board determines the
   2-14  program would minimize emissions.  For purposes of this subsection,
   2-15  a diesel engine not used in a vehicle registered for use on public
   2-16  highways is not a diesel vehicle.
   2-17        (g) <(h)>  The board may not establish vehicle fuel content
   2-18  standards to provide for vehicle fuel content for clean motor
   2-19  vehicle fuels other than those standards promulgated by the United
   2-20  States Environmental Protection Agency unless specifically
   2-21  authorized by the legislature or unless it is demonstrated to be
   2-22  necessary for the attainment of federal ozone ambient air quality
   2-23  standards or, following appropriate health studies and in
   2-24  consultation with the Texas Department of Health, it is determined
   2-25  to be necessary for the protection of public health.
   2-26        (h)  If the Texas Department of Transportation adopts a
   2-27  system under Subsection (d), the department by rule shall:
   2-28              (1)  require, for a vehicle that is to be registered in
   2-29  a county covered by a biennial emissions testing program, that in
   2-30  an even-numbered year the owner of a vehicle of an even-numbered
   2-31  model year, and in an odd-numbered year the owner of a vehicle of
   2-32  an odd-numbered model year, submit to the department a valid
   2-33  vehicle emissions inspection certificate issued for that vehicle
   2-34  within 90 days preceding the date on which the person applies for
   2-35  the registration; and
   2-36              (2)  require the owner of a vehicle that is to be
   2-37  registered in an area covered by an annual emissions testing
   2-38  program to submit to the department a valid emissions inspection
   2-39  certificate issued for that vehicle within 90 days preceding the
   2-40  date on which the person applies for the registration.
   2-41        (i)  If the Texas Department of Transportation implements a
   2-42  system under Subsection (d), the department shall collect and
   2-43  record the type of fuel used by each vehicle registered in a county
   2-44  covered by a vehicle emissions inspection and maintenance program.
   2-45        (j)  The board by rule may establish a voluntary program to
   2-46  issue certificates of training in vehicle emission control system
   2-47  repair to qualified persons who successfully complete testing
   2-48  programs or procedures or training programs approved by the board
   2-49  and by rule may assess a registration fee to recover costs of the
   2-50  program.  Fees collected under this subsection shall be remitted to
   2-51  the comptroller for deposit in the clean air fund and may be used
   2-52  only for the purposes of this section.
   2-53        (k)  The board by rule may establish classes of vehicles that
   2-54  are exempt from vehicle emissions inspections and by rule may
   2-55  establish procedures to allow and review petitions for the
   2-56  exemption of individual vehicles, according to criteria established
   2-57  by board rule.  Rules adopted by the board under this subsection
   2-58  must be consistent with federal law.  The board by rule may
   2-59  establish fees to recover the costs of administering this
   2-60  subsection.  Fees collected under this subsection shall be remitted
   2-61  to the comptroller for deposit in the clean air fund and may be
   2-62  used only for the purposes of this section.
   2-63        (l)  The board by rule may require a vehicle that is exempt
   2-64  from the payment of registration fees and issued specially
   2-65  designated license plates under Section 3aa, Chapter 88, General
   2-66  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
   2-67  (Article 6675a-3aa, Vernon's Texas Civil Statutes), or that is
   2-68  registered in another state or in a county in this state that is
   2-69  not included in a vehicle emissions testing and maintenance
   2-70  program, to comply with a vehicle emissions inspection and
    3-1  maintenance program if the vehicle is primarily operated, as
    3-2  defined by board rule, in a county that is included in the vehicle
    3-3  emissions inspection and maintenance program.
    3-4        (m)  Except as provided by this subsection, a person who
    3-5  sells or transfers ownership of a motor vehicle for which a vehicle
    3-6  emissions inspection certificate has been issued is not liable for
    3-7  the cost of emission control system repairs that are required for
    3-8  the vehicle subsequently to receive an emissions inspection
    3-9  certificate.  This subsection does not apply to repairs that are
   3-10  required because emission control equipment or devices on the
   3-11  vehicle were removed or tampered with before the sale or transfer
   3-12  of the vehicle.
   3-13        (n)  The board may conduct audits to determine compliance
   3-14  with this section and with any vehicle emissions inspection and
   3-15  certificate programs under Sections 141 and 142, Uniform Act
   3-16  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   3-17  Statutes).
   3-18        SECTION 2.  Section 382.038, Health and Safety Code, is
   3-19  amended by amending Subsection (e) and adding Subsections (f), (g),
   3-20  and (h) to read as follows:
   3-21        (e)  The board <and the Department of Public Safety> shall
   3-22  develop a challenge station program to provide for the reinspection
   3-23  of a motor vehicle at the option of the owner of the vehicle to
   3-24  ensure quality control of a vehicle emissions inspection and
   3-25  maintenance system.
   3-26        (f)  The board may contract with one or more private entities
   3-27  to operate a program established under this section.
   3-28        (g)  In addition to other procedures established by the
   3-29  board, the board shall establish procedures by which a private
   3-30  entity with whom the board has entered into a contract to operate a
   3-31  program established under this section may agree to perform:
   3-32              (1)  testing at a fleet facility or dealership using
   3-33  mobile test equipment;
   3-34              (2)  testing at a fleet facility or dealership using
   3-35  test equipment owned by the fleet or dealership but calibrated and
   3-36  operated by the private entity's personnel; or
   3-37              (3)  testing at a fleet facility or dealership using
   3-38  test equipment owned and operated by the private entity and
   3-39  installed at the fleet or dealership facility.
   3-40        (h)  The fee for a test conducted as provided by Subsection
   3-41  (g) shall be set by the board in an amount not to exceed twice the
   3-42  fee otherwise provided by law or by rule of the board.  An
   3-43  appropriate portion of the fee, as determined by the board, may be
   3-44  remitted by the private entity to the fleet facility or dealership.
   3-45        SECTION 3.  Section 2, Chapter 88, General Laws, Acts of the
   3-46  41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
   3-47  Vernon's Texas Civil Statutes), is amended by amending Subsections
   3-48  (a) and (i) and adding Subsection (j) to read as follows:
   3-49        (a)  Except as provided by this subsection, every owner of a
   3-50  motor vehicle, trailer or semitrailer used or to be used upon the
   3-51  public highways of this State shall apply each year to the Texas
   3-52  Department of Transportation <State Department of Highways and
   3-53  Public Transportation> through the County Tax Collector of the
   3-54  county in which he resides for the registration of each such
   3-55  vehicle owned or controlled by him for the ensuing or current
   3-56  calendar year or unexpired portion thereof; provided, that where a
   3-57  public highway separates lands under the dominion or control of the
   3-58  owner, the operation of such a motor vehicle by such owner, his
   3-59  agent or employee, across such highway shall not constitute a use
   3-60  of such motor vehicle upon a public highway of this State.  An
   3-61  all-terrain vehicle, with or without design alterations, may not be
   3-62  registered for operation on public highways, except that the State,
   3-63  a county, or a municipality may register an all-terrain vehicle for
   3-64  operation on public beaches and highways to maintain public safety
   3-65  and welfare.  In lieu of highway motor vehicle registration, the
   3-66  owner of an all-terrain vehicle that is not authorized to operate
   3-67  on public beaches or highways and that is used or to be used on
   3-68  public property in this State shall apply each year to the Texas
   3-69  Department of Transportation <State Department of Highways and
   3-70  Public Transportation> through the County Tax Collector of the
    4-1  county in which he resides for off-highway registration of each
    4-2  vehicle owned or controlled by him for the ensuing or current
    4-3  calendar year or unexpired portion of the calendar year.  The Texas
    4-4  Department of Transportation through the County Tax Collector shall
    4-5  require an applicant for registration of a vehicle in a county that
    4-6  is not covered by a vehicle emissions inspection program to provide
    4-7  evidence that the applicant is a resident of that county.  The
    4-8  Department by rule shall prescribe acceptable forms and types of
    4-9  evidence.  Acceptable forms and types of evidence may include voter
   4-10  registration information, driver's license information, utility
   4-11  billing information, property tax payment information, a  school
   4-12  tuition receipt, or evidence of compliance with the Texas Motor
   4-13  Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
   4-14  Civil Statutes).  The County Tax Collector, a deputy County Tax
   4-15  Collector, or a person acting on behalf of the County Tax Collector
   4-16  is not liable to any person for refusing to register a motor
   4-17  vehicle because of the person's failure to submit evidence of
   4-18  residency that complies with rules of the Department or for
   4-19  registering a motor vehicle under this section.
   4-20        (i)  In implementing each system that requires a valid
   4-21  vehicle emissions inspection certificate as a condition of
   4-22  registering a vehicle in a county that is included in a vehicle
   4-23  emissions inspection and maintenance program under Section 142,
   4-24  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   4-25  Texas Civil Statutes), the Texas Department of Transportation
   4-26  <State Department of Highways and Public Transportation> through
   4-27  the county tax collector in the county may not issue a registration
   4-28  for a vehicle unless the vehicle emissions inspection certificate
   4-29  for that vehicle issued by an inspection station located in a
   4-30  county that is included in the vehicle emissions inspection and
   4-31  maintenance program within the applicable period required by
   4-32  Section 382.037(h), Health and Safety Code, or other verification
   4-33  of compliance, as provided by Section 382.037<(e)>, Health and
   4-34  Safety Code, is submitted with the application for registration or
   4-35  renewal of registration.  The county tax collector, a deputy county
   4-36  tax collector, or a person acting on behalf of the county tax
   4-37  collector is not liable to any person for refusing to register a
   4-38  motor vehicle because of the person's failure to submit the vehicle
   4-39  emissions inspection certificate, waiver, or other verification of
   4-40  compliance or for registering a motor vehicle under this section.
   4-41        (j)(1)  A county tax collector covered by Subsection (i) of
   4-42  this section shall collect the original emissions inspection
   4-43  certificates, waivers, and other verifications of compliance and on
   4-44  request of the Texas Natural Resource Conservation Commission shall
   4-45  submit the certificates, waivers, and the other verifications to
   4-46  the commission.
   4-47              (2)  Each county tax collector shall submit an annual
   4-48  report to the Texas Natural Resource Conservation Commission and
   4-49  the Texas Department of Transportation that shows:
   4-50                    (A)  the number of registrations denied because
   4-51  of the applicant's failure to provide proof of residency in the
   4-52  county;
   4-53                    (B)  the number of registrations denied because
   4-54  of the applicant's failure to provide an original emissions
   4-55  inspection certificate or a valid waiver; and
   4-56                    (C)  an itemized accounting of the costs to the
   4-57  county of administering this subsection and Subsection (i) of this
   4-58  section.
   4-59        SECTION 4.  Title 116, Revised Statutes, is amended by adding
   4-60  Articles 6675b-4, 6675b-4A, and 6675b-4B, to read as follows:
   4-61        Art. 6675b-4.  UNREGISTERED VEHICLE IN CERTAIN COUNTIES.
   4-62  (a)  In a county covered by a vehicle emissions inspection and
   4-63  maintenance program as required by the Texas air quality state
   4-64  implementation plan, the owner of a motor vehicle that has not been
   4-65  registered as required by law commits an offense if the vehicle is
   4-66  operated or parked on a public roadway.  An offense under this
   4-67  subsection is punishable by a fine of not less than $100 or more
   4-68  than $200.
   4-69        (b)  In a county covered by a vehicle emissions inspection
   4-70  and maintenance program, a vehicle that has not been registered as
    5-1  required by law and that is operated or parked on a public roadway
    5-2  may be impounded by a peace officer or other authorized employee of
    5-3  the state or the political subdivision of the state in which the
    5-4  vehicle is operated or parked.
    5-5        Art. 6675b-4A.  VEHICLES IN CERTAIN COUNTIES TO HAVE OWN
    5-6  NUMBER PLATE AND SEAL.  (a)  In a county covered by a vehicle
    5-7  emissions inspection and maintenance program as required by the
    5-8  Texas air quality state implementation plan, the owner of a motor
    5-9  vehicle to which is attached or on which is displayed a number
   5-10  plate or seal issued for a different vehicle commits an offense if
   5-11  the motor vehicle is operated or parked on a public roadway.
   5-12        (b)  Except as provided by Subsection (c) of this article, an
   5-13  offense under this article is punishable by a fine of not less than
   5-14  $100 or more than $200.
   5-15        (c)  An offense under this article is a Class B misdemeanor
   5-16  if the owner knows that the number plate or seal is for a different
   5-17  vehicle.
   5-18        (d)  In a county covered by a vehicle emissions inspection
   5-19  and maintenance program, a motor vehicle to which is attached or on
   5-20  which is displayed a number plate or seal issued for a different
   5-21  vehicle and that is operated or parked on a public roadway may be
   5-22  impounded by a peace officer or other authorized employee of the
   5-23  state or the political subdivision of the state in which the motor
   5-24  vehicle is operated or parked.
   5-25        Art. 6675b-4B.  WRONG OR UNCLEAN NUMBER PLATE IN CERTAIN
   5-26  COUNTIES.  (a)  In a county covered by a vehicle emissions
   5-27  inspection and maintenance program as required by the Texas air
   5-28  quality implementation plan, the owner of a motor vehicle on which
   5-29  is displayed a number plate or seal that is assigned to the vehicle
   5-30  for a registration year other than the current year or that is
   5-31  homemade or fictitious commits an offense if the motor vehicle is
   5-32  operated or parked on a public roadway.
   5-33        (b)  All letters, numbers and other identification marks
   5-34  shall be kept clear and distinct and free from grease or other
   5-35  blurring matter so that they may be plainly seen at all times
   5-36  during daylight.
   5-37        (c)  Except as provided by Subsection (d) of this article, an
   5-38  offense under this article is punishable by a fine of not less than
   5-39  $100 or more than $200.
   5-40        (d)  An offense under this article is a Class B misdemeanor
   5-41  if the owner knows that the number plate or seal is not assigned
   5-42  for the current year or is homemade or fictitious.
   5-43        (e)  A motor vehicle on which is displayed a number plate
   5-44  that is prohibited by this article and that is operated or parked
   5-45  on a public roadway may be impounded by a peace officer or other
   5-46  authorized employee of the state or the political subdivision of
   5-47  the state in which the vehicle is operated or parked.
   5-48        SECTION 5.  Section 141(d), Uniform Act Regulating Traffic on
   5-49  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   5-50  by adding Subdivision (5) to read as follows:
   5-51              (5)(A)  The owner of a motor vehicle on which is
   5-52  displayed an inspection certificate in violation of Subdivision (2)
   5-53  of this subsection commits an offense if the vehicle is operated or
   5-54  parked on a public highway.
   5-55                    (B)  Except as provided by Paragraph (C) of this
   5-56  subdivision, an offense under this subdivision is punishable by a
   5-57  fine of not less than $100 or more than $200.
   5-58                    (C)  An offense under this subdivision is a Class
   5-59  B misdemeanor if the inspection certificate is a vehicle emissions
   5-60  inspection certificate and the owner knows that the certificate is
   5-61  prohibited by Subdivision (2) of this subsection.
   5-62                    (D)  A motor vehicle on which is displayed a
   5-63  vehicle emissions inspection certificate in violation of
   5-64  Subdivision (2) of this subsection and that is operated or parked
   5-65  on a public roadway may be impounded by a peace officer or other
   5-66  authorized employee of the state or the political subdivision of
   5-67  the state in which the vehicle is parked or operated.
   5-68        SECTION 6.  Section 142(h), Uniform Act Regulating Traffic on
   5-69  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   5-70  to read as follows:
    6-1        (h)  The Public Safety Commission shall continue to
    6-2  administer the <A> motor vehicle emissions inspection and
    6-3  maintenance program instituted under this Act until the date that a
    6-4  vehicle emissions inspection program administered <shall be
    6-5  terminated upon receipt of a request consisting of a resolution
    6-6  adopted> by the Texas Natural Resource Conservation Commission is
    6-7  implemented in accordance with the federal Clean Air Act.  The
    6-8  executive director of the Texas Natural Resource Conservation
    6-9  Commission shall notify the Public Safety Commission of the date on
   6-10  which the vehicle emissions inspection program administered by the
   6-11  Texas Natural Resource Conservation Commission will become
   6-12  effective.
   6-13        SECTION 7.  Section 4.202, County Road and Bridge Act
   6-14  (Article 6702-1, Vernon's Texas Civil Statutes), is amended by
   6-15  adding Subsections (a-1) and (a-2) to read as follows:
   6-16        (a-1)  A county tax assessor-collector who is required by
   6-17  Section 2(j), Chapter 88, General Laws, Acts of the 41st
   6-18  Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's
   6-19  Texas Civil Statutes), to collect a vehicle emissions inspection
   6-20  certificate, other verification of compliance, or a valid waiver
   6-21  from an applicant for registration of a vehicle shall collect and
   6-22  retain for the county a fee of 50 cents for each emissions
   6-23  inspection certificate or other verification collected.
   6-24        (a-2)  A county tax assessor-collector, other than a county
   6-25  tax assessor-collector covered by Subsection (a-1) of this section,
   6-26  who is required by Section 2(a), Chapter 88, General Laws, Acts of
   6-27  the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
   6-28  Vernon's Texas Civil Statutes), to require an applicant for
   6-29  registration to provide evidence that the applicant is a resident
   6-30  of that county shall collect and retain for the county a fee of 25
   6-31  cents for each registration.
   6-32        SECTION 8.  The importance of this legislation and the
   6-33  crowded condition of the calendars in both houses create an
   6-34  emergency and an imperative public necessity that the
   6-35  constitutional rule requiring bills to be read on three several
   6-36  days in each house be suspended, and this rule is hereby suspended.
   6-37                               * * * * *
   6-38                                                         Austin,
   6-39  Texas
   6-40                                                         May 20, 1993
   6-41  Hon. Bob Bullock
   6-42  President of the Senate
   6-43  Sir:
   6-44  We, your Committee on State Affairs to which was referred H.B. No.
   6-45  1969, have had the same under consideration, and I am instructed to
   6-46  report it back to the Senate with the recommendation that it do not
   6-47  pass, but that the Committee Substitute adopted in lieu thereof do
   6-48  pass and be printed.
   6-49                                                         Harris of
   6-50  Dallas, Chairman
   6-51                               * * * * *
   6-52                               WITNESSES
   6-53                                                  FOR   AGAINST  ON
   6-54  ___________________________________________________________________
   6-55  Name:  Jon Fisher                                x
   6-56  Representing:  Texas Chemical Council
   6-57  City:  Austin
   6-58  -------------------------------------------------------------------
   6-59  Name:  Cindy Morphew                             x
   6-60  Representing:  Tx Midcontinent Oil & Gas
   6-61  City:  Austin
   6-62  -------------------------------------------------------------------
   6-63  Name:  Russell Baier                                           x
   6-64  Representing:  Tx Air Control Board
   6-65  City:  Austin
   6-66  -------------------------------------------------------------------
   6-67  Name:  Brad Laughlin                             x
   6-68  Representing:  Tejas Testing Technology
   6-69  City:  Austin
   6-70  -------------------------------------------------------------------