By: Ellis S.B. No. 1219
A BILL TO BE ENTITLED
AN ACT
1-1 relating to registration and inspection of motor vehicles.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Article 6675b-1, Revised Statutes, is amended to
1-4 read as follows:
1-5 Art. 6675b-1. <Operating> Unregistered vehicle. The owner
1-6 of a motor vehicle operated or parked on a public highway and any
1-7 person who <Whoever> operates upon any public highway a motor
1-8 vehicle which has not been registered as required by law shall be
1-9 fined not less than one hundred dollars or more than <to exceed>
1-10 two hundred dollars. Any vehicle parked on a public highway which
1-11 has not been registered as required by law may be impounded by the
1-12 governmental entity prosecuting the violation. All fines and
1-13 impoundment fees collected under this article shall be retained by
1-14 the governmental entity prosecuting the violation.
1-15 SECTION 2. Article 6675b-6, Revised Statutes, is amended to
1-16 read as follows:
1-17 Art. 6675b-6. Must have own number and seal. The owner of a
1-18 motor vehicle operated or parked on a public highway and any person
1-19 who operates <Whoever shall operate, or as owner permit to be
1-20 operated> upon a public highway a motor vehicle with a number plate
1-21 <or> seal inspection sticker or decal issued for a different motor
1-22 vehicle attached thereto shall be fined not less than one hundred
1-23 dollars or more than <exceeding> two hundred dollars. Any vehicle
2-1 parked on a public highway with a number plate, seal, inspection or
2-2 registration sticker or decal issued for a different motor vehicle
2-3 attached thereto may be impounded by the governmental entity
2-4 prosecuting the violation. All fines and impoundment fees
2-5 collected under this article shall be retained by the governmental
2-6 entity prosecuting the violation.
2-7 SECTION 3. Article 6675b-7, Revised Statutes, is amended to
2-8 read as follows:
2-9 Art. 6675b-7. Wrong or unclean number plate. No person
2-10 shall attach to or display on any motor vehicle any number plate,
2-11 <or> seal, inspection or registration sticker or decal assigned to
2-12 a different motor vehicle or assigned to it under any other motor
2-13 vehicle law other than by the State Highway Department, or any
2-14 registration seal other than that assigned for the current year, or
2-15 a homemade or fictitious number plate or seal. All letters,
2-16 numbers and other identification marks shall be kept clear and
2-17 distinct and free from grease or other blurring matter so that they
2-18 may be plainly seen at all times during daylight. The owner of a
2-19 motor vehicle operated or parked on a public highway, any person
2-20 who operates a motor vehicle on a public highway and any other
2-21 person who <Whoever> violates any provision of this article shall
2-22 be fined not less than one hundred dollars or more than <exceeding>
2-23 two hundred dollars, unless it is shown on the trial of the offense
2-24 that the person intentionally or knowingly altered or made
2-25 illegible the numbers, letters, or other identifying marks, in
3-1 which event the offense is punishable as a Class B misdemeanor.
3-2 Any vehicle parked on a public highway with a number plate, seal,
3-3 inspection sticker or decal issued for a different motor vehicle
3-4 attached thereto may be impounded by the governmental entity
3-5 prosecuting the violation. All fines and impoundment fees
3-6 collected under this article shall be retained by the governmental
3-7 entity prosecuting the violation.
3-8 SECTION 4. Subsection (d), Section 141, Uniform Act
3-9 Regulating Traffic on Highways (Article 6701d, V.T.C.S.), is
3-10 amended by adding Subdivision (5) to read as follows:
3-11 (5) All vehicles registered in another state, but
3-12 which are primarily operated in this state, shall be inspected in
3-13 the county of their primary area of operation.
3-14 SECTION 5. Section 382.037, Health and Safety Code, is
3-15 amended by amending Subsection (e) and adding Subsections (i) and
3-16 (j) to read as follows:
3-17 (e) On adoption of a resolution by the board and after
3-18 proper notice, the State Department of Highways and Public
3-19 Transportation shall implement a system that requires, as a
3-20 condition of registering a vehicle under Section 2, Chapter 88,
3-21 General Laws, Acts of the 41st Legislature, 2nd Called Session,
3-22 1929 (Article 6675a-2, Vernon's Texas Civil Statutes), in a county
3-23 that is included in a vehicle emissions inspection and maintenance
3-24 program under Section 142, Uniform Act Regulating Traffic on
3-25 Highways (Article 6701d, Vernon's Texas Civil Statutes):
4-1 (1) that a vehicle shall be inspected under the
4-2 vehicle emissions inspection and maintenance program either
4-3 annually or biennially as required by provisions of the Texas Air
4-4 Quality State Implementation Plan.
4-5 (2) that the owner of a vehicle manufactured in an
4-6 even-numbered year, in a biennial emissions testing program area,
4-7 submit a valid vehicle emissions inspection certificate issued for
4-8 the vehicle within 90 days preceding the application for
4-9 registration in even-numbered years, and
4-10 (3) that the owner of a vehicle manufactured in an
4-11 odd-numbered year, in a biennial emissions testing program area,
4-12 submit a valid vehicle emissions inspection certificate issued for
4-13 the vehicle within 90 days preceding the application for
4-14 registration in odd-numbered years, and
4-15 (4) that the owner of a vehicle manufactured in either
4-16 an even or odd-numbered year, in an annual emissions testing
4-17 program area, submit a valid vehicle emissions inspection
4-18 certificate issued for the vehicle within 90 days preceding the
4-19 application for registration. <, that the owner of the vehicle
4-20 hold a valid vehicle emissions inspection certificate issued for
4-21 the vehicle under that Act within the 12 months preceding the
4-22 application for registration.> The State Department of Highways
4-23 and Public Transportation shall implement such a system when it is
4-24 required by any provision of federal or state law, including any
4-25 provision of the Texas air quality state implementation plan. The
5-1 board may require or accept verification of compliance other than a
5-2 vehicle inspection certificate. The alternative verification of
5-3 compliance shall be in a form determined through joint rule making
5-4 by the board of the State Department of Highways and Public
5-5 Transportation.
5-6 (i) The board by rule may establish a voluntary program to
5-7 issue certificates of training in emission control system repairs
5-8 to qualified persons based on testing programs or procedures or
5-9 training programs recognized by the board and may assess a
5-10 registration fee to recover costs of the program and such fee shall
5-11 be deposited in the Clean Air Fund to be used for the purposes of
5-12 this section.
5-13 (j) The board by rule may establish exemptions from the
5-14 requirements of this section for any vehicle defined by Article
5-15 6675a-1, Revised Statutes, consistent with federal requirements,
5-16 and shall establish a fee to recover costs of the program and such
5-17 fee shall be deposited in the Clean Air Fund to be used for the
5-18 purposes of this section.
5-19 SECTION 6. Subsection (e), Section 382.038, Health and
5-20 Safety Code, is amended to read as follows:
5-21 (e) The board <and the Department of Public Safety> shall
5-22 develop a challenge station program to ensure quality control of a
5-23 vehicle emissions inspection and maintenance system. The board may
5-24 contract with a private entity to carry out such a program.
5-25 SECTION 7. The Department of Public Safety shall continue
6-1 its program of vehicle emissions inspections until the date that a
6-2 test only vehicle emissions inspection program in accordance with
6-3 the Federal Clean Air Act commences. The Executive Director of the
6-4 Texas Natural Resources Conservation Commission shall notify the
6-5 Department of the commencement date of the centralized emissions
6-6 inspection program.
6-7 SECTION 8. The Texas Air Control Board and the Texas
6-8 Department of Transportation shall, by rule, require that motor
6-9 vehicles be registered in the county of the residence of the owner
6-10 and that proof of residency be furnished at the time of
6-11 registration or reregistration.
6-12 SECTION 9. The County Tax Assessor-Collector of each county
6-13 shall verify the proof of residency of the owner and an original
6-14 emission inspection certificate of the vehicle issued within 90
6-15 days prior to registration before issuing a certificate of
6-16 registration.
6-17 SECTION 10. The Texas Air Control Board, by rule, may
6-18 establish a plan of enforcement, whereby vehicles with number
6-19 plates designated exempt will be required to comply with special
6-20 provisions of the emissions inspection requirements.
6-21 SECTION 11. The County Tax Assessor-Collector of each county
6-22 shall verify fuel type of each vehicle at the time of registration
6-23 or reregistration.
6-24 SECTION 12. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
7-1 emergency and an imperative public necessity that the
7-2 constitutional rule requiring bills to be read on three several
7-3 days in each house be suspended, and this rule is hereby suspended.