S.B. No. 19
AN ACT
1-1 relating to delay of the vehicle emissions inspection and
1-2 maintenance program; making an appropriation.
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 adding Subsections (o) and (p) to read as follows:
1-6 (o) Notwithstanding any state agency rule or resolution to
1-7 the contrary, the vehicle emissions inspection and maintenance
1-8 program provided for by this section may not begin operation until
1-9 the 91st day after the effective date of this subsection, except as
1-10 provided by Subsection (p). This subsection also applies to
1-11 implementation of the program by the Texas Department of
1-12 Transportation under this section or under Section 2, Chapter 88,
1-13 General Laws, Acts of the 41st Legislature, 2nd Called Session,
1-14 1929 (Article 6675a-2, Vernon's Texas Civil Statutes), or Section
1-15 3, Chapter 88, General Laws, Acts of the 41st Legislature, 2nd
1-16 Called Session, 1929 (Article 6675a-3, Vernon's Texas Civil
1-17 Statutes), or by the Public Safety Commission under Section 142,
1-18 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
1-19 Texas Civil Statutes).
1-20 (p) The suspension of the vehicle emissions inspection and
1-21 maintenance program imposed by Subsection (o) does not apply to the
1-22 inspection of vehicles voluntarily presented for inspection at an
1-23 authorized inspection facility. This subsection does not require a
2-1 contractor to make testing available on a voluntary basis.
2-2 SECTION 2. The Texas Natural Resource Conservation
2-3 Commission, the Texas Department of Transportation, and the Public
2-4 Safety Commission shall immediately suspend the operation of any
2-5 vehicle emissions inspection and maintenance program begun under
2-6 Section 382.037, Health and Safety Code, and implemented under that
2-7 section, under Section 2, Chapter 88, General Laws, Acts of the
2-8 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
2-9 Vernon's Texas Civil Statutes), or Section 3, Chapter 88, General
2-10 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
2-11 (Article 6675a-3, Vernon's Texas Civil Statutes), or under Section
2-12 142, Uniform Act Regulating Traffic on Highways (Article 6701d,
2-13 Vernon's Texas Civil Statutes), before the effective date of this
2-14 Act, except as provided by Subsection (p), Section 382.037, Health
2-15 and Safety Code, as added by this Act.
2-16 SECTION 3. (a) In addition to amounts previously
2-17 appropriated from the Clean Air Fund Account (Fund Account No. 151)
2-18 for the 1994-1995 biennium, the sum of $8.8 million is appropriated
2-19 from that fund to the Texas Natural Resource Conservation
2-20 Commission for payment to the managing contractors and
2-21 subcontractors under contracts or amendments to contracts described
2-22 by Subsection (b) of this section between the commission and the
2-23 managing contractors for implementation of the vehicle emissions
2-24 inspection and maintenance program.
2-25 (b) The Texas Natural Resource Conservation Commission and
3-1 the managing contractors shall negotiate contracts or contract
3-2 amendments under which:
3-3 (1) the contractor releases the commission and the
3-4 State of Texas from any liability to the contractor resulting from
3-5 the 90-day delay in implementation of the vehicle emissions
3-6 inspection and maintenance program provided by this Act;
3-7 (2) the commission pays to the contractor and
3-8 subcontractors, upon proof to the satisfaction of the commission
3-9 and the attorney general of losses incurred by the contractor
3-10 resulting from the 90-day delay provided by this Act, an amount not
3-11 to exceed $8.8 million; and
3-12 (3) the contractor and subcontractors agree to repay
3-13 to the state, without interest, the amount paid under Subdivision
3-14 (2) of this subsection not later than August 31, 1997.
3-15 (c) The attorney general shall represent the State of Texas
3-16 and the Texas Natural Resource Conservation Commission in the
3-17 negotiations on the contracts or contract amendments and must draft
3-18 and sign the documents as approval on the part of the state. A
3-19 contract or contract amendments may not waive any of the state's
3-20 defenses available under law or under the existing contract between
3-21 the commission and a managing contractor. This Act does not waive
3-22 any defense available to the state.
3-23 SECTION 4. (a) The Texas Natural Resource Conservation
3-24 Commission shall work with the United States Environmental
3-25 Protection Agency to develop reasonable alternatives to the vehicle
4-1 emissions inspection and maintenance program.
4-2 (b) There are alternative methods of pollution reduction
4-3 that the state cannot include in the state plan because of
4-4 burdensome technical requirements by the United States
4-5 Environmental Protection Agency; the Texas Natural Resource
4-6 Conservation Commission may assist individual innovations of
4-7 solutions with the United States Environmental Protection Agency to
4-8 allow a broader range of alternatives to be made available to the
4-9 state plan.
4-10 SECTION 5. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended,
4-15 and that this Act take effect and be in force from and after its
4-16 passage, and it is so enacted.