By Chisum, Gray H.B. No. 3036
74R7784 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the vehicle emissions inspection and maintenance
1-3 program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 382.037(d) and (h), Health and Safety
1-6 Code, are amended to read as follows:
1-7 (d) On adoption of a resolution by the commission <board>
1-8 and after proper notice, the Texas Department of Transportation
1-9 shall implement a system that requires, as a condition of
1-10 registering a motor vehicle under Section 2, Chapter 88, General
1-11 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1-12 (Article 6675a-2, Vernon's Texas Civil Statutes), in a county that
1-13 is included in a vehicle emissions inspection and maintenance
1-14 program under Section 142, Uniform Act Regulating Traffic on
1-15 Highways (Article 6701d, Vernon's Texas Civil Statutes), that the
1-16 vehicle, unless the vehicle is not covered by the system or is
1-17 being registered in conjunction with the vehicle's first sale as
1-18 that term is defined by Section 7, Certificate of Title Act
1-19 (Article 6687-1, Vernon's Texas Civil Statutes), be <annually or
1-20 biennially> inspected annually, biennially, or at some other
1-21 appropriate interval under the vehicle emissions inspection and
1-22 maintenance program as required by the Texas air quality state
1-23 implementation plan. The Texas Department of Transportation shall
1-24 implement such a system when it is required by any provision of
2-1 federal or state law, including any provision of the Texas air
2-2 quality state implementation plan. The commission <board> may
2-3 require or accept verification of compliance other than a vehicle
2-4 inspection certificate. The commission shall accept, instead of a
2-5 vehicle inspection certificate or an alternative verification of
2-6 compliance, a repair waiver or proof of payment of a mitigation fee
2-7 as provided by Section 382.0371. The alternative verification of
2-8 compliance, repair waiver, or proof of payment of a mitigation fee
2-9 shall be in a form determined through joint rule making by the
2-10 commission <board> and the Texas Department of Transportation.
2-11 (h) If the Texas Department of Transportation adopts a
2-12 system under Subsection (d), the department by rule shall<:>
2-13 <(1)> require, for a vehicle that is to be registered
2-14 in a county covered by a biennial emissions testing program, that
2-15 in an even-numbered year the owner of a vehicle of an even-numbered
2-16 model year, and in an odd-numbered year the owner of a vehicle of
2-17 an odd-numbered model year, submit to the department a valid
2-18 vehicle emissions inspection certificate, other verification of
2-19 compliance, repair waiver, or proof of payment of a mitigation fee
2-20 issued for that vehicle within 90 days preceding the date on which
2-21 the person applies for the registration<; and>
2-22 <(2) require the owner of a vehicle that is to be
2-23 registered in an area covered by an annual emissions testing
2-24 program to submit to the department a valid emissions inspection
2-25 certificate issued for that vehicle within 90 days preceding the
2-26 date on which the person applies for the registration>.
2-27 SECTION 2. Subchapter B, Chapter 382, Health and Safety
3-1 Code, is amended by adding Sections 382.0371-382.0373 to read as
3-2 follows:
3-3 Sec. 382.0371. HYBRID VEHICLE EMISSIONS INSPECTION AND
3-4 MAINTENANCE PROGRAM. (a) For purposes of obtaining a vehicle
3-5 emissions inspection certificate required as a condition of
3-6 registration in an affected county, a vehicle that is less than
3-7 four years old may be inspected at a decentralized test-and-repair
3-8 facility that is authorized and licensed by the commission to
3-9 conduct vehicle emissions inspections and that uses ASM technology
3-10 or an equivalent or improved technology approved by the commission.
3-11 (b) For purposes of obtaining a vehicle emissions inspection
3-12 certificate required as a condition of registration in an affected
3-13 county, a vehicle that is four years old or older must be initially
3-14 inspected at a centralized IM240 inspection facility that is
3-15 authorized and licensed by the commission to conduct vehicle
3-16 emissions inspections. If repair is necessary before a vehicle can
3-17 qualify for a vehicle emissions inspection certificate, the
3-18 subsequent reinspection may be conducted at a decentralized
3-19 test-and-repair facility that is authorized and licensed by the
3-20 commission to conduct vehicle emissions inspections and that uses
3-21 ASM technology or an equivalent or improved technology approved by
3-22 the commission.
3-23 (c) A person may obtain an exemption from vehicle emissions
3-24 inspection requirements for a vehicle less than four years old by
3-25 submitting a $10 mitigation fee to the county tax
3-26 assessor-collector with the application for registration of the
3-27 vehicle each year of the biennial inspection cycle preceding the
4-1 inspection cycle for which the exemption is sought. The county tax
4-2 assessor-collector shall issue to a person paying the mitigation
4-3 fee proof of payment in a form prescribed by the commission. The
4-4 county tax assessor-collector shall keep a separate record of, and
4-5 shall deposit in a separate account in the county treasury the
4-6 mitigation fees collected under this section and each calendar
4-7 quarter shall remit to the comptroller mitigation fees collected
4-8 for the preceding quarter. The comptroller shall deposit the
4-9 mitigation fees to the credit of the clean air fund. The fees may
4-10 be used only for the purposes of the vehicle removal program
4-11 established under Section 382.0373.
4-12 (d) A person may obtain a repair waiver for a vehicle if the
4-13 vehicle fails the initial inspection at an authorized facility, the
4-14 person spends at least $150 on repairing the vehicle to bring it
4-15 into compliance, and the repaired vehicle fails reinspection at an
4-16 authorized facility. The facility that repaired and reinspected
4-17 the vehicle shall issue the person a repair waiver on a form and in
4-18 the manner provided by the commission. A county tax
4-19 assessor-collector shall accept a repair waiver as alternative
4-20 verification of compliance for purposes of registering the vehicle.
4-21 On or after January 1, 1998, a person must have spent at least $550
4-22 on repairs to qualify for a repair waiver.
4-23 (e) The commission by rule may include local governments in
4-24 the administration of any aspect of the vehicle emissions
4-25 inspection program if the commission considers participation by
4-26 local governments necessary or desirable.
4-27 (f) The commission and the Texas Department of
5-1 Transportation by joint rule shall require vehicle emissions
5-2 inspection and certification as a condition of registering a
5-3 vehicle if:
5-4 (1) the vehicle:
5-5 (A) is to be registered outside an affected
5-6 county; and
5-7 (B) will be driven inside the affected county
5-8 more than three times each week; or
5-9 (2) the vehicle:
5-10 (A) is a used vehicle;
5-11 (B) is to be registered in an affected county;
5-12 and
5-13 (C) was registered outside or was held
5-14 unregistered outside the affected county during the previous
5-15 registration year.
5-16 (g) The commission by rule may provide for the inspection
5-17 and repair of vehicles under the vehicle emissions inspection and
5-18 maintenance program by certified repair technicians at certified
5-19 testing or test-and-repair facilities.
5-20 (h) The commission may use remote sensing in an affected
5-21 county to identify gross emitting vehicles in locations where those
5-22 vehicles are likely to travel.
5-23 (i) The commission by rule shall set a uniform fee for
5-24 initial vehicle emissions inspection and maintenance testing in all
5-25 nonattainment areas. A centralized inspection facility or a
5-26 decentralized test-and-repair facility that reinspects a vehicle
5-27 after the vehicle has failed the initial inspection and has been
6-1 repaired to bring the vehicle into compliance may not charge a fee
6-2 to reinspect the vehicle.
6-3 (j) The commission, the Texas Department of Transportation,
6-4 and the Public Safety Commission by joint rule may develop a
6-5 program to allow a centralized inspection facility to renew vehicle
6-6 registrations and to perform safety inspections.
6-7 (k) The commission in implementing the vehicle emissions
6-8 inspection and maintenance program may not impose requirements more
6-9 stringent than federal requirements. The commission by rule may:
6-10 (1) remove a county from the program if the action is
6-11 not prohibited by federal law or regulation; or
6-12 (2) adopt additional requirements necessary to comply
6-13 with federal law.
6-14 (l) In this section:
6-15 (1) "Affected county" means a county that is included
6-16 in a vehicle emissions inspection and maintenance program under
6-17 Section 142, Uniform Act Regulating Traffic on Highways (Article
6-18 6701d, Vernon's Texas Civil Statutes).
6-19 (2) "Fleet vehicle" means a motor vehicle operated as
6-20 one of a group that consists of more than 10 motor vehicles and
6-21 that is owned and operated by a public or commercial entity or by a
6-22 private entity other than a single household.
6-23 (3) "Vehicle" includes a fleet vehicle.
6-24 Sec. 382.0372. HYBRID PROGRAM: TRANSITION PERIOD. (a)
6-25 From the effective date of this section until January 1, 1998, the
6-26 vehicle emissions inspection program established under Section
6-27 382.037 and modified by Section 382.0371 applies and may be
7-1 operated and implemented only as provided by this section.
7-2 (b) Beginning May 2, 1995, and except as provided by
7-3 Subsection (d), the program applies to all fleet vehicles in
7-4 Tarrant, Dallas, Harris, Galveston, Brazoria, Fort Bend,
7-5 Montgomery, and El Paso counties.
7-6 (c) Beginning June 1, 1995, and except as provided by
7-7 Subsection (d), the program applies to all vehicles in Tarrant,
7-8 Dallas, Harris, Galveston, Brazoria, Fort Bend, Montgomery, and El
7-9 Paso counties.
7-10 (d) Until January 1, 1996, a decentralized test-and-repair
7-11 facility in Tarrant or Dallas county may perform vehicle emissions
7-12 inspections using BAR90 technology instead of ASM technology.
7-13 (e) Beginning January 1, 1996, the program applies in
7-14 Jefferson and Orange counties. On or after that date, the
7-15 commission may extend the program to Collin and Denton counties.
7-16 Sec. 382.0373. VEHICLE REMOVAL PROGRAM. (a) The commission
7-17 shall develop a program for the purchase and disposal of gross
7-18 polluting vehicles. The program must include eligibility standards
7-19 for repurchase and a disposal plan that permanently removes the
7-20 purchased vehicles from use.
7-21 (b) Payment for a vehicle purchased under a program
7-22 developed under this section may not exceed the actual cash value
7-23 of the vehicle. If the actual cash value of a vehicle exceeds
7-24 $1,000, payment for that vehicle may not exceed $1,000.
7-25 SECTION 3. Sections 2(i) and (j), Chapter 88, General Laws,
7-26 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
7-27 6675a-2, Vernon's Texas Civil Statutes), are amended to read as
8-1 follows:
8-2 (i) In implementing each system that requires a valid
8-3 vehicle emissions inspection certificate as a condition of
8-4 registering a vehicle in a county that is included in a vehicle
8-5 emissions inspection and maintenance program under Section 142,
8-6 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
8-7 Texas Civil Statutes), the Texas Department of Transportation
8-8 through the county tax collector in the county may not issue a
8-9 registration for a vehicle unless the vehicle emissions inspection
8-10 certificate for that vehicle issued by an inspection station
8-11 located in a county that is included in the vehicle emissions
8-12 inspection and maintenance program within the applicable period
8-13 required by Section 382.037(h), Health and Safety Code, <or> other
8-14 verification of compliance, as provided by Section 382.037, Health
8-15 and Safety Code, or repair waiver or payment or proof of payment of
8-16 a mitigation fee as provided by Section 382.0371, Health and Safety
8-17 Code, is submitted with the application for registration or renewal
8-18 of registration. The county tax collector, a deputy county tax
8-19 collector, or a person acting on behalf of the county tax collector
8-20 is not liable to any person for refusing to register a motor
8-21 vehicle because of the person's failure to submit the vehicle
8-22 emissions inspection certificate, waiver, <or> other verification
8-23 of compliance or payment or proof of payment of a mitigation fee or
8-24 for registering a motor vehicle under this section.
8-25 (j)(1) A county tax collector covered by Subsection (i) of
8-26 this section shall collect the original emissions inspection
8-27 certificates, waivers, and other verifications of compliance and on
9-1 request of the Texas Natural Resource Conservation Commission shall
9-2 submit the certificates, waivers, and the other verifications to
9-3 the commission. The county tax collector also shall collect the
9-4 mitigation fees and handle the fees as prescribed by Section
9-5 382.0371(c), Health and Safety Code.
9-6 (2) Each county tax collector shall submit an annual
9-7 report to the Texas Natural Resource Conservation Commission and
9-8 the Texas Department of Transportation that shows:
9-9 (A) the number of registrations denied because
9-10 of the applicant's failure to provide proof of residency in the
9-11 county;
9-12 (B) the number of registrations denied because
9-13 of the applicant's failure to provide an original emissions
9-14 inspection certificate, other verification of compliance, <or> a
9-15 valid waiver or payment or proof of payment of a mitigation fee;
9-16 and
9-17 (C) an itemized accounting of the costs to the
9-18 county of administering this subsection and Subsections (a) and (i)
9-19 of this section.
9-20 SECTION 4. Section 3(j), Chapter 88, General Laws, Acts of
9-21 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-3,
9-22 Vernon's Texas Civil Statutes), is amended to read as follows:
9-23 (j) In implementing each system that requires a valid
9-24 vehicle emissions inspection certificate as a condition of
9-25 registering a vehicle in a county that is included in a vehicle
9-26 emissions inspection and maintenance program under Section 142,
9-27 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
10-1 Texas Civil Statutes), the State Department of Highways and Public
10-2 Transportation shall require that the vehicle emissions inspection
10-3 certificate for that vehicle, <or> other verification of
10-4 compliance, as provided by Section 382.037(e), Health and Safety
10-5 Code, or repair waiver or payment or proof of payment of a
10-6 mitigation fee as provided by Section 382.0371, Health and Safety
10-7 Code, be submitted with an application for registration or renewal
10-8 of registration.
10-9 SECTION 5. Section 141(a-1), Uniform Act Regulating Traffic
10-10 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
10-11 amended to read as follows:
10-12 (a-1) The Texas Natural Resource Conservation Commission may
10-13 authorize and license inspection stations as necessary to conduct
10-14 the emissions-related reinspection requirements of the vehicle
10-15 emissions inspection and maintenance program under Sections 142(d)
10-16 and (d-1) of this Act. At the request of the Texas Natural
10-17 Resource Conservation Commission, the Department shall provide
10-18 inspection certificates for distribution and issuance at
10-19 centralized or decentralized reinspection stations licensed by the
10-20 Texas Natural Resource Conservation Commission. The Texas Natural
10-21 Resource Conservation Commission shall pay to the Department an
10-22 amount equal to the cost of producing the certificates. The Texas
10-23 Natural Resource Conservation Commission shall establish a
10-24 reinspection fee and shall implement procedures governing tracking
10-25 of certificates and refunding the cost of unused certificates
10-26 issued to reinspection facilities.
10-27 SECTION 6. Section 4.202(a-1), County Road and Bridge Act
11-1 (Article 6702-1, Vernon's Texas Civil Statutes), is amended to read
11-2 as follows:
11-3 (a-1) A county tax assessor-collector who is required by
11-4 Section 2(j), Chapter 88, General Laws, Acts of the 41st
11-5 Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's
11-6 Texas Civil Statutes), to collect a vehicle emissions inspection
11-7 certificate, other verification of compliance, <or> a valid waiver,
11-8 or a mitigation fee from an applicant for registration of a vehicle
11-9 shall collect and retain for the county a fee of 50 cents for each
11-10 emissions inspection certificate, waiver, <or> other verification,
11-11 or mitigation fee collected. The county tax assessor-collector may
11-12 not collect an additional fee for the administrative costs of
11-13 collecting and handling the mitigation fee.
11-14 SECTION 7. Effective May 2, 1995, the following are
11-15 repealed:
11-16 (1) Sections 382.037(o) and (p), Health and Safety
11-17 Code, as added by Senate Bill No. 19, Acts of the 74th Legislature,
11-18 Regular Session, 1995; and
11-19 (2) Section 2, Senate Bill No. 19, Acts of the 74th
11-20 Legislature, Regular Session, 1995.
11-21 SECTION 8. (a) On May 2, 1995, the Texas Natural Resource
11-22 Conservation Commission, the Texas Department of Transportation,
11-23 and the Public Safety Commission may resume operation and
11-24 implementation of the vehicle emissions inspection and maintenance
11-25 program authorized under Section 382.037, Health and Safety Code,
11-26 but only as modified by Sections 382.0371 through 382.0373, Health
11-27 and Safety Code, as added by this Act.
12-1 (b) Immediately after the effective date of this Act, the
12-2 Texas Natural Resource Conservation Commission shall adopt
12-3 emergency rules to implement the vehicle emissions inspection and
12-4 maintenance program as modified by this Act. The commission shall
12-5 adopt final rules as soon as practicable after the adoption of
12-6 emergency rules.
12-7 SECTION 9. The importance of this legislation and the
12-8 crowded condition of the calendars in both houses create an
12-9 emergency and an imperative public necessity that the
12-10 constitutional rule requiring bills to be read on three several
12-11 days in each house be suspended, and this rule is hereby suspended,
12-12 and that this Act take effect and be in force from and after its
12-13 passage, and it is so enacted.