BILL ANALYSIS
C.S.H.B. 24
By: Goolsby
04-12-95
Committee Report (Substituted)
BACKGROUND
Motor vehicle safety inspections in Texas are currently performed
in accordance with the Uniform Act Regulating Traffic on Highways
(Article 6701d, Vernon's Texas Civil Statutes). Several items are
presently required for a vehicle to pass inspection, including
lighting equipment, brakes, mirrors and windshield wipers.
However, windshields are presently not a requirement included on
the list. Therefore, an automobile with a windshield which
significantly obstructs a driver's sight or no windshield at all
could pass state inspection.
Currently, 21 states and the District of Columbia have periodic
motor vehicle inspection programs, and another 15 states maintain
random or other limited motor vehicle inspection programs. The
National Highway Traffic Safety Administration (NHTSA) reported in
1989 that state periodic inspection programs reduce the number of
poorly maintained vehicles on the highways. A General Accounting
Office (GAO) report in 1990 confirmed NHTSA's studies, and
indicated that inspection programs reduce accident rates. The GAO
recommended that NHTSA resume support of state programs by
sponsoring research, assisting inspection states to share their
experiences and adapt to changing automotive technology, and
promoting public awareness of the need to properly maintain the
safety-critical components of vehicles.
The Federal Motor Carrier Safety Regulations specify acceptable
kinds of glass, windshield conditions, and use of vision-reducing
matter on windshields for commercial motor vehicles. C.S.H.B. 24
would require the inspection of windshields only in that area of
the glass directly above the steering wheel on the driver's side of
the vehicle, base inspection criteria on whether or not the drivers
sight is obstructed in that area in a manner which would prevent
safe operation of the vehicle, and the Texas Department of Public
Safety from promulgating rules for inspections in excess of the
federal regulations.
PURPOSE
To include windshields in the periodic inspection of certain motor
vehicles.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
C.S.H.B. 24 provides the Department of Public Safety with the
authority to promulgate rules with respect to the inspection of
motor vehicle windshields.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 140(a) of the Uniform Act Regulating
Traffic on Highways by adding windshields to the list of items that
must be inspected for motor vehicles, trailers, semitrailers, pole
trailers, and mobile homes registered in Texas, if a windshield was
part of the manufacturer's original equipment on the vehicle.
Amends Section 140(h)(1) of the Uniform Act Regulating Traffic on
Highways by replacing the word "Act" with the word "section."
Amends Section 140(h)(2) of the Uniform Act Regulating Traffic on
Highways by excluding from the windshield inspection requirement:
vehicles eligible for registration as classic motor vehicles and as
farm vehicles, as those vehicles are defined in Article 6675a-5n
and 6675-6a of Vernon's Texas Civil Statutes, respectively, and
motor vehicles held by a person who engages in the business of
reselling, repairing, storing, exchanging or servicing a motor
vehicle.
SECTION 2. Amends Section 142 of the Uniform Act Regulating
Traffic on Highways by adding Subsection (i) which states that
commission rules regarding the inspection of windshields shall
address only that section of the windshield directly above the
steering wheel on the driver's side of the vehicle, base inspection
criteria upon a determination according to prudent person standards
as to whether damage in this area obstructs the driver's vision and
ability to operate the vehicle safely, and shall not exceed the
standards established for commercial motor vehicle windshield
conditions under the Federal Motor Carrier Safety Regulations, 49
C.F.R. Part 393.
SECTION 3. Effective Date as September 1, 1995.
SECTION 4. Emergency Clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The Committee Substitute to H.B. 24 adds language in SECTION 1,
subsection (h)(2) states that a motor vehicles held by a person who
engages in the business of reselling, repairing, storing,
exchanging or servicing a motor vehicle. C.S.H.B. deletes SECTION
3 of the original bill dealing with no deductible for windshield
damage.
SUMMARY OF COMMITTEE ACTION
Pursuant to a public notice posted on March 16, 1995, at 5:53 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, March 22, 1995 at 2:00 p.m. in Room E1.014 of the
Capitol Extension and was called to order at 6:54 p.m. after the
rules were suspended on the House floor to meet in public hearing
after the posted time, by the Chair, Representative Clyde
Alexander. The Chair laid out H.B. 24 and recognized
Representative Goolsby to explain H.B. 24. Representative Bosse
laid out the Committee substitute to H.B. 24. There were no
witnesses in support of, or in opposition to H.B. 24.
Representative Bosse withdrew the Committee Substitute to H.B. 24.
The Chair left H.B. 24 pending before the Committee. Pursuant to
a public notice posted on April 7, 1995 at 5:04 p.m., the House
Committee on Transportation met in a public hearing on Wednesday,
April 12, 1995, at 2:00 p.m., or upon adjournment, in Room E1.014
of the Capitol Extension and was called to order at 3:58 p.m. by
the Chair, Representative Clyde Alexander. The Chair laid out H.B.
24 by Goolsby, which was pending before the Committee.
Representative Bosse laid out the Committee Substitute to H.B. 24,
and without objection, the Substitute was adopted. Representative
Price moved that the Committee report H.B. 24, as substituted, to
the full House with the recommendation that it do pass. The motion
prevailed by the following vote: Ayes (6), Nayes (0), Absent (3),
Present not voting (0).