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.