By Gray H.B. No. 2146
74R5976 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of the vehicle emissions inspection and
1-3 maintenance program as a voluntary program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.037, Health and Safety Code, is
1-6 amended by amending Subsections (o) and (p) as added by Senate Bill
1-7 No. 19, Acts of the 74th Legislature, Regular Session, 1995, and
1-8 adding Subsections (q) and (r) to read as follows:
1-9 (o) Notwithstanding any state agency rule or resolution to
1-10 the contrary, the vehicle emissions inspection and maintenance
1-11 program provided for by this section may not begin operation as a
1-12 mandatory program until the 91st day after the effective date of
1-13 this subsection, except as provided by Subsection (p). This
1-14 subsection also applies to implementation of the program as a
1-15 mandatory program by the Texas Department of Transportation under
1-16 this section or under Section 2, Chapter 88, General Laws, Acts of
1-17 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
1-18 Vernon's Texas Civil Statutes), or Section 3, Chapter 88, General
1-19 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1-20 (Article 6675a-3, Vernon's Texas Civil Statutes), or by the Public
1-21 Safety Commission under Section 142, Uniform Act Regulating Traffic
1-22 on Highways (Article 6701d, Vernon's Texas Civil Statutes).
1-23 (p) The vehicle emissions inspection and maintenance program
1-24 authorized under this section shall be operated as a voluntary
2-1 program during the suspension of the mandatory program under
2-2 Subsection (o) or during an extension of that suspension. <The
2-3 suspension of the vehicle emissions inspection and maintenance
2-4 program imposed by Subsection (o) does not apply to the inspection
2-5 of vehicles voluntarily presented for inspection at an authorized
2-6 inspection facility. This subsection does not require a contractor
2-7 to make testing available on a voluntary basis.>
2-8 (q) A person who participates in the voluntary program
2-9 authorized by Subsection (p) is entitled to a credit, in an amount
2-10 equal to the cost of the vehicle emissions inspection performed on
2-11 the vehicle to be registered, against the vehicle registration fee
2-12 for that vehicle.
2-13 (r) To obtain the credit authorized by Subsection (q), a
2-14 person or the Texas Department of Transportation, as appropriate,
2-15 must present to the county tax assessor-collector in addition to
2-16 any registration application and the vehicle emissions inspection
2-17 certificate required by the program, the vehicle emissions
2-18 inspection receipt. The county tax assessor-collector or the Texas
2-19 Department of Transportation, as appropriate, shall credit the
2-20 amount of the receipt against any registration fee due.
2-21 SECTION 2. Sections 2 and 3, Senate Bill No. 19, Acts of the
2-22 74th Legislature, Regular Session, 1995, are amended to read as
2-23 follows:
2-24 Sec. 2. The Texas Natural Resource Conservation Commission,
2-25 the Texas Department of Transportation, and the Public Safety
2-26 Commission shall immediately suspend the operation of any vehicle
2-27 emissions inspection and maintenance program begun under Section
3-1 382.037, Health and Safety Code, and implemented under that
3-2 section, under Section 2, Chapter 88, General Laws, Acts of the
3-3 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
3-4 Vernon's Texas Civil Statutes), or Section 3, Chapter 88, General
3-5 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
3-6 (Article 6675a-3, Vernon's Texas Civil Statutes), or under Section
3-7 142, Uniform Act Regulating Traffic on Highways (Article 6701d,
3-8 Vernon's Texas Civil Statutes), before the effective date of this
3-9 Act, except as provided by Subsection (p), Section 382.037, Health
3-10 and Safety Code, for the voluntary program <as added by this Act>.
3-11 Sec. 3. (a) In addition to amounts previously appropriated
3-12 from the Clean Air Fund Account (Fund Account No. 151) for the
3-13 1994-1995 biennium, the sum of $8.8 million is appropriated from
3-14 that fund to the Texas Natural Resource Conservation Commission for
3-15 payment to the managing contractors and subcontractors under
3-16 contracts or amendments to contracts described by Subsection (b) of
3-17 this section between the commission and the managing contractors
3-18 for implementation of the mandatory vehicle emissions inspection
3-19 and maintenance program.
3-20 (b) The Texas Natural Resource Conservation Commission and
3-21 the managing contractors shall negotiate contracts or contract
3-22 amendments under which:
3-23 (1) the contractor releases the commission and the
3-24 State of Texas from any liability to the contractor resulting from
3-25 the 90-day delay in implementation of the mandatory vehicle
3-26 emissions inspection and maintenance program provided by this Act;
3-27 (2) the commission pays to the contractor and
4-1 subcontractors, upon proof to the satisfaction of the commission
4-2 and the attorney general of losses incurred by the contractor
4-3 resulting from the 90-day delay provided by this Act, an amount not
4-4 to exceed $8.8 million; and
4-5 (3) the contractor and subcontractors agree to repay
4-6 to the state, without interest, the amount paid under Subdivision
4-7 (2) of this subsection not later than August 31, 1997.
4-8 (c) The attorney general shall represent the State of Texas
4-9 and the Texas Natural Resource Conservation Commission in the
4-10 negotiations on the contracts or contract amendments and must draft
4-11 and sign the documents as approval on the part of the state. A
4-12 contract or contract amendments may not waive any of the state's
4-13 defenses available under law or under the existing contract between
4-14 the commission and a managing contractor. This Act does not waive
4-15 any defense available to the state.
4-16 SECTION 3. Sections 382.037(q) and (r), Health and Safety
4-17 Code, as added by this Act, apply only to the vehicle registration
4-18 fee for a vehicle:
4-19 (1) that is initially registered on or after the
4-20 effective date of this Act but before the date on which the
4-21 suspension of, or an extension of the suspension of, the mandatory
4-22 vehicle emissions inspection program imposed by Senate Bill 19,
4-23 Acts of the 74th Legislature, Regular Session, 1995, expires; or
4-24 (2) the registration for which expires within the time
4-25 described by Subdivision (1) of this section.
4-26 SECTION 4. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended,
5-4 and that this Act take effect and be in force from and after its
5-5 passage, and it is so enacted.