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).