By Horn H.B. No. 2170
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration and inspection of a motor vehicle.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 382.037, Health and Safety Code, is
1-5 amended by amending Subsections (d) and (l) to read as follows:
1-6 (d) A program initiated under this section shall not include
1-7 registration based enforcement. On adoption of a resolution by the
1-8 board and after proper notice, the Texas Department of
1-9 Transportation shall implement a system that requires, as a
1-10 condition of obtaining a vehicle inspection sticker under Section
1-11 142, Uniform Act Regulating Traffic on Highways (Article 6701d,
1-12 Vernon's Texas Civil Statutes), <registering a motor vehicle under
1-13 Section 2, Chapter 88, General Laws, Acts of the 41st Legislature,
1-14 2nd Called Session, 1929 (Article 6675a-2, Vernon's Texas Civil
1-15 Statutes),> in a county that is included in a vehicle emissions
1-16 inspection and maintenance program under Section 142, Uniform Act
1-17 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-18 Statutes), that the vehicle, unless the vehicle is not covered by
1-19 the system <or is being registered in conjunction with the
1-20 vehicle's first sale as that term is defined by Section 7,
1-21 Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
1-22 Statutes)>, be annually or biennially inspected under the vehicle
1-23 emissions inspection and maintenance program as required by the
2-1 Texas air quality state implementation plan. The Texas Department
2-2 of Transportation shall implement such a system when it is required
2-3 by any provision of federal or state law, including any provision
2-4 of the Texas air quality state implementation plan. The board
2-5 <may> shall not require or accept verification of compliance other
2-6 than an vehicle inspection certificate. <The alternative
2-7 verification of compliance shall be in Department of
2-8 Transportation.>
2-9 SECTION 2. Section 2, Chapter 88, General Laws, Acts of the
2-10 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
2-11 Vernon's Texas Civil Statutes), is amended by amending Subsections
2-12 (a) and (i) to read as follows:
2-13 (a) Except as provided by this subsection, every owner of a
2-14 motor vehicle, trailer or semitrailer used or to be used upon the
2-15 public highways of this State shall apply each year to the Texas
2-16 Department of Transportation through the County Tax Collector of
2-17 the county in which he resides for the registration of each such
2-18 vehicle owned or controlled by him for the ensuing or current
2-19 calendar year or unexpired portion thereof; provided, that where a
2-20 public highway separates lands under the dominion or control of the
2-21 owner, the operation of such a motor vehicle by such owner, his
2-22 agent or employee, across such highway shall not constitute a use
2-23 of such motor vehicle upon a public highway of this State. An
2-24 all-terrain vehicle, with or without design alterations, may not be
2-25 registered for operation on public highways, except that the State,
3-1 a county, or a municipality may register an all-terrain vehicle for
3-2 operation on public beaches and highways to maintain public safety
3-3 and welfare. In lieu of highway motor vehicle registration, the
3-4 owner of an all-terrain vehicle that is not authorized to operate
3-5 on public beaches or highways and that is used or to be used on
3-6 public property in this State shall apply each year to the Texas
3-7 Department of Transportation through the County Tax Collector of
3-8 the county in which he resides for off-highway registration of each
3-9 vehicle owned or controlled by him for the ensuing or current
3-10 calendar year or unexpired portion of the calendar year. <The
3-11 Texas Department of Transportation through the County Tax Collector
3-12 shall require an applicant for registration of a vehicle in a
3-13 county that is not covered by a vehicle emissions inspection
3-14 program to provide evidence that the applicant is a resident of
3-15 that county. The Department by rule shall prescribe acceptable
3-16 forms and types of evidence. Acceptable forms and types of
3-17 evidence may include voter registration information, driver's
3-18 license information, utility billing information, property tax
3-19 payment information, a school tuition receipt, or evidence of
3-20 compliance with the Texas Motor Vehicle Safety-Responsibility Act
3-21 (Article 6701h, Vernon's Texas Civil Statutes).> The County Tax
3-22 Collector, a deputy County Tax Collector, or a person acting on
3-23 behalf of the County Tax Collector is not liable to any person for
3-24 refusing to register a motor vehicle because of the person's
3-25 failure to submit evidence of residency that complies with rules of
4-1 the Department or for registering a motor vehicle under this
4-2 section.
4-3 <(i) In implementing each system that requires a valid
4-4 vehicle emissions inspection certificate as a condition of
4-5 registering a vehicle in a county that is included in a vehicle
4-6 emissions inspection and maintenance program under Section 142,
4-7 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
4-8 Texas Civil Statutes), the Texas Department of Transportation
4-9 through the county tax collector in the county may not issue a
4-10 registration for a vehicle unless the vehicle emissions inspection
4-11 certificate for that vehicle issued by an inspection station
4-12 located in a county that is included in the vehicle emissions
4-13 inspection and maintenance program within the applicable period
4-14 required by Section 382.037(h), Health and Safety Code, or other
4-15 verification of compliance, as provided by Section 382.037, Health
4-16 and Safety Code, is submitted with the application for registration
4-17 or renewal of registration. The county tax collector, a deputy
4-18 county tax collector, or a person acting on behalf of the county
4-19 tax collector is not liable to any person for refusing to register
4-20 a motor vehicle because of the person's failure to submit the
4-21 vehicle emissions inspection certificate, waiver, or other
4-22 verification of compliance or for registering a motor vehicle under
4-23 this section.>
4-24 SECTION 3. Section 142(d-1), Uniform Act Regulating Traffic
4-25 on Highways (Article 6701d, Vernon's Texas Civil Statutes) is
5-1 amended to read as follows:
5-2 (d-1) The Public Safety Commission may establish a motor
5-3 vehicle emissions inspection and maintenance program for vehicles
5-4 registered in any county in this state for which the Texas Natural
5-5 Resource Conservation Commission has adopted a resolution
5-6 requesting the Department to institute such a program and for which
5-7 the affected county and the most populous municipality in the
5-8 county, according to the most recent federal decennial census, by
5-9 resolution have formally requested a proactive air quality plan
5-10 consisting of a vehicle emissions inspection and maintenance
5-11 program. A program initiated under this subsection may not include
5-12 registration-based enforcement <unless the State Department of
5-13 Highways and Public Transportation elects to include the program in
5-14 its registration enforcement system>.
5-15 SECTION 4. Section 141(d)(5), Uniform Act Regulating Traffic
5-16 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
5-17 amended to read as follows:
5-18 (d)(5)(A) The owner of a motor vehicle on which is displayed
5-19 an inspection certificate in violation of Subdivision (2) of this
5-20 subsection commits an offense if the vehicle is operated <or
5-21 parked> on a public highway.
5-22 (B) Except as provided by Paragraph (C) of this
5-23 subdivision, an offense under this subdivision is punishable by a
5-24 fine of not less than <$100> $1 or more than $200.
5-25 <(C) An offense under this subdivision is a
6-1 Class B misdemeanor if the inspection certificate is a vehicle
6-2 emissions inspection certificate and the owner knows that the
6-3 certificate is prohibited by Subdivision (2) of this subsection.>
6-4 <(D) A motor vehicle on which is displayed a
6-5 vehicle emissions inspection certificate in violation of
6-6 Subdivision (2) of this subsection and that is operated or parked
6-7 on a public roadway may be impounded by a peace officer or other
6-8 authorized employee of the state or the political subdivision of
6-9 the state in which the vehicle is parked or operated.>
6-10 SECTION 5. Title 116, Revised Statutes, Articles 6674b-4,
6-11 6675b-4A, and 6675b-4B are repealed.
6-12 SECTION 6. This Act takes effect September 1, 1995
6-13 SECTION 7. The importance of this legislation and the
6-14 crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house by suspended, and this rule is hereby suspended.