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 -------------------------------------------------------------------