S.B. No. 178
AN ACT
1-1 relating to the vehicle emissions inspection and maintenance
1-2 program.
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 Subsection (a-1) and amending Subsections (d) and
1-6 (n) to read as follows:
1-7 (a-1) Notwithstanding other provisions of this section, the
1-8 commission shall establish and implement a vehicle emissions
1-9 inspection and maintenance program to begin June 1, 1995, as
1-10 established under Section 382.0371. The vehicle emissions
1-11 inspection and maintenance program is effective, in whole or in
1-12 part, until the governor determines, after appropriate negotiation
1-13 with the United States Environmental Protection Agency, the type of
1-14 vehicle emissions inspection and maintenance program necessary for
1-15 the state. The governor shall make every effort to assure that
1-16 industry does not have to bear the cost of vehicle emissions
1-17 noncompliance. On making that determination, the governor by
1-18 executive order shall direct the commission to develop and
1-19 implement the vehicle emissions inspection and maintenance program
1-20 determined by the governor under this subsection to be necessary
1-21 for the state, and all or part of the program established under
1-22 Section 382.0371 is suspended at that time. The governor under
1-23 this section may direct the adoption of a particular testing
1-24 technology or system or a particular combination of technologies,
2-1 systems, or technologies and systems and may adjust appropriate
2-2 fees as necessary. The governor under this section may direct the
2-3 exemption of a county from or the inclusion of a county in a
2-4 vehicle emissions inspection and maintenance program if required.
2-5 (d) On adoption of a resolution by the board and after
2-6 proper notice, the <Texas> Department of Public Safety of the State
2-7 of Texas <Transportation> shall implement a system that requires,
2-8 as a condition of obtaining a safety inspection certificate issued
2-9 under Section 140 or 141, Uniform Act Regulating Traffic on
2-10 Highways (Article 6701d, Vernon's Texas Civil Statutes)
2-11 <registering a motor vehicle under Section 2, Chapter 88, General
2-12 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
2-13 (Article 6675a-2, Vernon's Texas Civil Statutes)>, in a county that
2-14 is included in a vehicle emissions inspection and maintenance
2-15 program under Section 142, Uniform Act Regulating Traffic on
2-16 Highways (Article 6701d, Vernon's Texas Civil Statutes), that the
2-17 vehicle, unless the vehicle is not covered by the system <or is
2-18 being registered in conjunction with the vehicle's first sale as
2-19 that term is defined by Section 7, Certificate of Title Act
2-20 (Article 6687-1, Vernon's Texas Civil Statutes)>, be annually or
2-21 biennially inspected under the vehicle emissions inspection and
2-22 maintenance program as required by the Texas air quality state
2-23 implementation plan or Section 382.0371. The <Texas> Department of
2-24 Public Safety <Transportation> shall implement such a system when
2-25 it is required by any provision of federal or state law, including
2-26 any provision of the Texas air quality state implementation plan.
2-27 The Department of Public Safety <board> may not require or accept
3-1 verification of compliance other than a vehicle inspection
3-2 certificate. <The alternative verification of compliance shall be
3-3 in a form determined through joint rule making by the board and the
3-4 Texas Department of Transportation.>
3-5 (n) The board may conduct audits to determine compliance
3-6 with this section <and with any vehicle emissions inspection and
3-7 certificate programs under Sections 141 and 142, Uniform Act
3-8 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-9 Statutes)>.
3-10 SECTION 2. Subchapter B, Chapter 382, Health and Safety
3-11 Code, is amended by adding Section 382.0371 to read as follows:
3-12 Sec. 382.0371. VEHICLE EMISSIONS INSPECTION AND MAINTENANCE
3-13 PROGRAM. (a) The commission, in cooperation with the department,
3-14 shall establish a vehicle emissions inspection and maintenance
3-15 program in accordance with this section and rules adopted under
3-16 this section.
3-17 (b) A program established under this section applies to a
3-18 motor vehicle that is registered in a county in one of the
3-19 following areas:
3-20 (1) the part of the Houston-Galveston ozone
3-21 nonattainment area that consists of Brazoria, Fort Bend, Galveston,
3-22 Harris, and Montgomery counties;
3-23 (2) the Dallas-Fort Worth ozone nonattainment area,
3-24 consisting of Collin, Denton, Dallas, and Tarrant counties; and
3-25 (3) the El Paso ozone nonattainment area, consisting
3-26 of El Paso County.
3-27 (c) After the date of the second anniversary of the
4-1 vehicle's first sale, a vehicle subject to this section:
4-2 (1) must be tested annually; and
4-3 (2) may not be issued a safety inspection certificate
4-4 unless, at the time of the safety inspection, the person seeking
4-5 the safety inspection certificate presents to the appropriate
4-6 person:
4-7 (A) proof of the date of the vehicle's first
4-8 sale in a form approved by the department; and
4-9 (B) proof in a form approved by the department
4-10 that the vehicle has passed the appropriate vehicle emissions
4-11 inspection required for that vehicle under this section.
4-12 (d) A vehicle may be tested at a decentralized test-only
4-13 facility or a decentralized test-and-repair facility at the option
4-14 of the vehicle owner.
4-15 (e) The commission by rule shall prescribe the types of
4-16 vehicle emissions tests to be used at each type of testing
4-17 facility. The commission may prescribe different types of tests to
4-18 be used at different types of facilities or in different
4-19 nonattainment areas. The commission may not require in any
4-20 nonattainment area an emissions testing technology or procedure
4-21 that is more stringent than a technology or procedure used or in
4-22 place in each county in vehicle emissions inspection and
4-23 maintenance programs in this state before January 1, 1994.
4-24 (f) A dual-fueled vehicle must be tested as required by this
4-25 section if one of the fuels used is gasoline.
4-26 (g) A vehicle emissions test required by this section may be
4-27 performed by the same facility that performs the safety inspection
5-1 if that facility is authorized and licensed by the department to
5-2 perform the vehicle emissions test and certified by the department
5-3 to perform the safety inspection.
5-4 (h) The department shall develop and implement a program to
5-5 certify, inspect, and audit vehicle emissions testing facilities.
5-6 The department may set and collect a certification fee sufficient
5-7 to recover the costs of implementing the certification, inspection,
5-8 and audit program established under this subsection. In addition
5-9 to other penalties authorized by this chapter, the department after
5-10 an opportunity for a hearing may revoke the certification of a
5-11 facility that violates this chapter or a rule adopted under this
5-12 chapter. Fees and penalties collected under this subsection shall
5-13 be deposited in Motor Vehicle Inspection Fund 274.
5-14 (i) This section applies to the issuance of safety
5-15 inspection certificates issued under Section 140 or 141, Uniform
5-16 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
5-17 Civil Statutes), on or after June 1, 1995, for all vehicles subject
5-18 to this section.
5-19 (j) This section does not apply to a motor vehicle that:
5-20 (1) is an antique motor vehicle registered under
5-21 Section 5a, Chapter 88, General Laws, Acts of the 41st
5-22 Legislature, 2nd Called Session, 1929 (Article 6675a-5a, Vernon's
5-23 Texas Civil Statutes);
5-24 (2) is a classic motor vehicle registered under
5-25 Section 5n, Chapter 88, General Laws, Acts of the 41st Legislature,
5-26 2nd Called Session, 1929 (Article 6675a-5n, Vernon's Texas Civil
5-27 Statutes);
6-1 (3) is a slow-moving vehicle required to display a
6-2 slow-moving-vehicle emblem by Section 139B, Uniform Act Regulating
6-3 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes);
6-4 or
6-5 (4) is a circus vehicle.
6-6 (k) The department may exempt from this section fleet
6-7 vehicles registered in a nonattainment area that operate
6-8 exclusively outside the area.
6-9 (l) In this section:
6-10 (1) "Commission" means Texas Natural Resource
6-11 Conservation Commission.
6-12 (2) "Department" means the Department of Public Safety
6-13 of the State of Texas.
6-14 (3) "First sale" of a motor vehicle has the meaning
6-15 assigned by Section 7, Certificate of Title Act (Article 6687-1,
6-16 Vernon's Texas Civil Statutes).
6-17 (4) "Safety inspection" means a compulsory inspection
6-18 performed as required by Section 140 or 141, Uniform Act Regulating
6-19 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
6-20 by an official inspection station issued a certificate of
6-21 appointment by the department under Section 141(a) of that Act.
6-22 (5) "Safety inspection certificate" means an
6-23 inspection certificate issued under Section 140 or 141, Uniform Act
6-24 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
6-25 Statutes), after a compulsory inspection required by Section 140 or
6-26 141 of that Act, by an official inspection station issued a
6-27 certificate of appointment by the department under Section 141(a)
7-1 of that Act.
7-2 SECTION 3. Section 382.038, Health and Safety Code, is
7-3 amended by amending Subsections (a), (b), (d), and (e) to read as
7-4 follows:
7-5 (a) The Department of Public Safety of the State of Texas
7-6 <board> by rule shall adopt standards and procedures for
7-7 establishing vehicle emissions inspection stations authorized and
7-8 licensed by the state.
7-9 (b) A vehicle emissions inspection may be performed at a
7-10 decentralized independent inspection station or at a centralized
7-11 inspection facility operated or licensed by the state. In
7-12 developing the program for vehicle emissions inspections, the
7-13 Department of Public Safety <board> shall make all reasonable
7-14 efforts to preserve the present decentralized system.
7-15 (d) The Department of Public Safety <board> may authorize
7-16 enforcement personnel or other individuals to remove, disconnect,
7-17 adjust, or make inoperable vehicle emissions control equipment,
7-18 devices, or systems and to operate a vehicle in the tampered
7-19 condition in order to perform a quality control audit of an
7-20 inspection station or other quality control activities as necessary
7-21 to assess and ensure the effectiveness of the vehicle emissions
7-22 inspection and maintenance program.
7-23 (e) The Department of Public Safety <board> shall develop a
7-24 challenge station program to provide for the reinspection of a
7-25 motor vehicle at the option of the owner of the vehicle to ensure
7-26 quality control of a vehicle emissions inspection and maintenance
7-27 system.
8-1 SECTION 4. Subsection (a), Section 2, Chapter 88, General
8-2 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
8-3 (Article 6675a-2, Vernon's Texas Civil Statutes), is amended to
8-4 read as follows:
8-5 (a) Except as provided by this subsection, every owner of a
8-6 motor vehicle, trailer or semitrailer used or to be used upon the
8-7 public highways of this State shall apply each year to the Texas
8-8 Department of Transportation through the County Tax Collector of
8-9 the county in which he resides for the registration of each such
8-10 vehicle owned or controlled by him for the ensuing or current
8-11 calendar year or unexpired portion thereof; provided, that where a
8-12 public highway separates lands under the dominion or control of the
8-13 owner, the operation of such a motor vehicle by such owner, his
8-14 agent or employee, across such highway shall not constitute a use
8-15 of such motor vehicle upon a public highway of this State. An
8-16 all-terrain vehicle, with or without design alterations, may not be
8-17 registered for operation on public highways, except that the State,
8-18 a county, or a municipality may register an all-terrain vehicle for
8-19 operation on public beaches and highways to maintain public safety
8-20 and welfare. In lieu of highway motor vehicle registration, the
8-21 owner of an all-terrain vehicle that is not authorized to operate
8-22 on public beaches or highways and that is used or to be used on
8-23 public property in this State shall apply each year to the Texas
8-24 Department of Transportation through the County Tax Collector of
8-25 the county in which he resides for off-highway registration of each
8-26 vehicle owned or controlled by him for the ensuing or current
8-27 calendar year or unexpired portion of the calendar year. <The
9-1 Texas Department of Transportation through the County Tax Collector
9-2 shall require an applicant for registration of a vehicle in a
9-3 county that is not covered by a vehicle emissions inspection
9-4 program to provide evidence that the applicant is a resident of
9-5 that county. The Department by rule shall prescribe acceptable
9-6 forms and types of evidence. Acceptable forms and types of
9-7 evidence may include voter registration information, driver's
9-8 license information, utility billing information, property tax
9-9 payment information, a school tuition receipt, or evidence of
9-10 compliance with the Texas Motor Vehicle Safety-Responsibility Act
9-11 (Article 6701h, Vernon's Texas Civil Statutes).> The County Tax
9-12 Collector, a deputy County Tax Collector, or a person acting on
9-13 behalf of the County Tax Collector is not liable to any person for
9-14 refusing to register a motor vehicle because of the person's
9-15 failure to submit evidence of residency that complies with rules of
9-16 the Department or for registering a motor vehicle under this
9-17 section.
9-18 SECTION 5. Subsection (c), Section 140, Uniform Act
9-19 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
9-20 Statutes), is amended to read as follows:
9-21 (c) Official inspection stations appointed and supervised by
9-22 the State of Texas shall make all inspections pursuant to the
9-23 provisions of this Section, except as provided in subdivision (d)
9-24 hereof. The Department shall cause one (1) inspection to be made
9-25 in the year commencing with the effective date of this Act, and
9-26 annually thereafter. If the motor vehicle, trailer, semi-trailer,
9-27 pole trailer or mobile home, registered in this State, is damaged
10-1 to the apparent extent that it would require repair before passing
10-2 state inspection, the investigating officer shall remove the
10-3 inspection certificate from the vehicle windshield and shall give
10-4 the operator of the vehicle a dated receipt. Within thirty (30)
10-5 days of the date indicated on the receipt, the vehicle shall be
10-6 reinspected. The periods of inspection shall be fixed by the
10-7 Department, provided, however, that at no time, except as provided
10-8 in Section 142A of this Act <or as may be provided under Section
10-9 382.037, Health and Safety Code>, shall a certificate of inspection
10-10 or a receipt for a certificate of inspection be required or
10-11 demanded as a condition precedent to securing a license plate for
10-12 any motor vehicle, regardless of any period or periods of
10-13 inspection as may be fixed by the Department. The Department shall
10-14 have power to make rules and regulations, not inconsistent with
10-15 law, with respect to the periods of inspection. <This subsection
10-16 does not affect the authority of the Texas Natural Resource
10-17 Conservation Commission under Section 382.037, Health and Safety
10-18 Code, to require a valid vehicle emissions inspection certificate
10-19 as a condition of registering a vehicle under Section 2, Chapter
10-20 88, General Laws, Acts of the 41st Legislature, 2nd Called Session,
10-21 1929 (Article 6675a-2, Vernon's Texas Civil Statutes).>
10-22 SECTION 6. Section 141, Uniform Act Regulating Traffic on
10-23 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
10-24 by amending Subsection (a-1) and by adding Subsection (a-2) to read
10-25 as follows:
10-26 (a-1) The Department <Texas Natural Resource Conservation
10-27 Commission> may authorize and license inspection stations as
11-1 necessary to conduct the emissions-related inspection
11-2 <reinspection> requirements of the vehicle emissions inspection and
11-3 maintenance program under Sections 142(d) and (d-1) of this Act and
11-4 Section 382.0371, Health and Safety Code. The <At the request of
11-5 the Texas Natural Resource Conservation Commission, the> Department
11-6 shall provide inspection certificates for distribution and issuance
11-7 at decentralized inspection <centralized reinspection> stations
11-8 licensed by the Department <Texas Natural Resource Conservation
11-9 Commission>. The decentralized inspection stations <Texas Natural
11-10 Resource Conservation Commission> shall pay to the Department an
11-11 amount equal to the cost of producing the certificates. The
11-12 Department may <Texas Natural Resource Conservation Commission
11-13 shall> establish a maximum inspection <a reinspection> fee but may
11-14 not establish a minimum inspection fee. The Texas Natural Resource
11-15 Conservation Commission <and> shall implement procedures governing
11-16 tracking of certificates and refunding the cost of unused
11-17 certificates issued to inspection <reinspection> facilities.
11-18 (a-2) The Department may issue a certificate of appointment
11-19 under this section authorizing the performance of compulsory
11-20 inspections required under this section and Section 140 of this Act
11-21 to a decentralized facility authorized and licensed by the
11-22 Department to perform vehicle emissions inspection if the facility
11-23 meets the Department's requirements and the requirements of this
11-24 section for certification.
11-25 SECTION 7. Subdivision (5), Subsection (d), Section 141,
11-26 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
11-27 Texas Civil Statutes), is amended to read as follows:
12-1 (5)(A) The owner of a motor vehicle on which is
12-2 displayed an inspection certificate in violation of Subdivision (2)
12-3 of this subsection commits an offense if the vehicle is operated
12-4 <or parked> on a public highway.
12-5 (B) An <Except as provided by Paragraph (C) of
12-6 this subdivision, an> offense under this subdivision is punishable
12-7 by a fine of not less than $1 <$100> or more than $200.
12-8 <(C) An offense under this subdivision is a
12-9 Class B misdemeanor if the inspection certificate is a vehicle
12-10 emissions inspection certificate and the owner knows that the
12-11 certificate is prohibited by Subdivision (2) of this subsection.>
12-12 <(D) A motor vehicle on which is displayed a
12-13 vehicle emissions inspection certificate in violation of
12-14 Subdivision (2) of this subsection and that is operated or parked
12-15 on a public roadway may be impounded by a peace officer or other
12-16 authorized employee of the state or the political subdivision of
12-17 the state in which the vehicle is parked or operated.>
12-18 SECTION 8. Section 142, Uniform Act Regulating Traffic on
12-19 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
12-20 by amending Subsections (d) and (d-1), by adding Subsection (e-1),
12-21 and by amending Subsections (f) and (h) to read as follows:
12-22 (d) The Public Safety Commission shall establish a motor
12-23 vehicle emissions inspection and maintenance program for vehicles
12-24 covered by the Texas air quality state implementation plan,
12-25 authorized under Section 382.0371, Health and Safety Code, or
12-26 otherwise specified by the Department at the direction of the
12-27 governor <registered> in any county in this state for which the
13-1 Texas Natural Resource Conservation Commission has adopted a
13-2 resolution requesting the department to institute such a program
13-3 and which satisfies one of the following conditions:
13-4 (1) the county does not meet the national ambient air
13-5 quality standards for ozone, carbon monoxide, or another
13-6 vehicle-related pollutant; or
13-7 (2) the vehicle emissions inspection and maintenance
13-8 program is required by any provision of federal law, including any
13-9 provision of the Texas air quality state implementation plan.
13-10 (d-1) The Public Safety Commission may establish a motor
13-11 vehicle emissions inspection and maintenance program for vehicles
13-12 specified by the Texas Natural Resource Conservation Commission at
13-13 the direction of the governor <registered> in any county in this
13-14 state for which the Texas Natural Resource Conservation Commission
13-15 has adopted a resolution requesting the Department to institute
13-16 such a program and for which the affected county and the most
13-17 populous municipality in the county, according to the most recent
13-18 federal decennial census, by resolution have formally requested a
13-19 proactive air quality plan consisting of a vehicle emissions
13-20 inspection and maintenance program. A program initiated under this
13-21 subsection may not include registration-based enforcement <unless
13-22 the State Department of Highways and Public Transportation elects
13-23 to include the program in its registration enforcement system>.
13-24 (e-1) The Public Safety Commission shall develop and
13-25 implement requirements necessary to ensure that a safety inspection
13-26 certificate is not issued under Section 140 or 141 of this Act to a
13-27 vehicle that is subject to a vehicle emissions inspection and
14-1 maintenance program established under Subsection (d) or (d-1) of
14-2 this section unless the vehicle has passed a vehicle emissions
14-3 inspection at a facility authorized and licensed by the
14-4 Department.
14-5 (f) The department may issue a unique inspection certificate
14-6 for those vehicles inspected pursuant to Subsection (d) or (d-1) of
14-7 this section. The department shall authorize a vehicle emissions
14-8 inspection facility authorized and licensed by the department to
14-9 issue this unique inspection certificate for a vehicle on
14-10 appropriate proof that both emissions and safety inspection
14-11 requirements have been met.
14-12 (h) The Public Safety Commission shall continue to
14-13 administer the motor vehicle emissions inspection and maintenance
14-14 program instituted under this Act until the vehicle emissions
14-15 inspection and maintenance program administered by the department
14-16 is suspended or discontinued, at the direction of the governor
14-17 under Section 382.037(a-1), Health and Safety Code. The department
14-18 may reestablish a program in accordance with Subsection (d) or
14-19 (d-1) of this section or otherwise as directed by the governor
14-20 under Section 382.037(a-1), Health and Safety Code <date that a
14-21 vehicle emissions inspection program administered by the Texas
14-22 Natural Resource Conservation Commission is implemented in
14-23 accordance with the federal Clean Air Act. The executive director
14-24 of the Texas Natural Resource Conservation Commission shall notify
14-25 the Public Safety Commission of the date on which the vehicle
14-26 emissions inspection program administered by the Texas Natural
14-27 Resource Conservation Commission will become effective>.
15-1 SECTION 9. Effective May 2, 1995, the following are
15-2 repealed:
15-3 (1) Subsections (o) and (p), Section 382.037, Health
15-4 and Safety Code, as added by Chapter 1 (S.B. No. 19), Acts of the
15-5 74th Legislature, Regular Session, 1995;
15-6 (2) Section 2, Chapter 1 (S.B. No. 19), Acts of the
15-7 74th Legislature, Regular Session, 1995;
15-8 (3) Subsections (h), (i), (j), and (l), Section
15-9 382.037, Health and Safety Code;
15-10 (4) Subsection (i), Section 2 and Subdivision (1),
15-11 Subsection (j), Chapter 88, General Laws, Acts of the 41st
15-12 Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's
15-13 Texas Civil Statutes);
15-14 (5) Subsection (j), Section 3, Chapter 88, General
15-15 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
15-16 (Article 6675a-3, Vernon's Texas Civil Statutes);
15-17 (6) Articles 6675b-4, 6675b-4A, and 6675b-4B, Revised
15-18 Statutes; and
15-19 (7) Subsections (a-1) and (a-2), Section 4.202, County
15-20 Road and Bridge Act (Article 6702-1, Vernon's Texas Civil
15-21 Statutes).
15-22 SECTION 10. The Texas Natural Resource Conservation
15-23 Commission shall work with the United States Environmental
15-24 Protection Agency to develop reasonable alternatives to the vehicle
15-25 emissions inspection and maintenance program that include fuel and
15-26 oil additives, geothermal heat pumps for which a retail public
15-27 utility provides water service, automobile muffler and radiator
16-1 catalysts, and an automotive fuel purge and pressure test. The
16-2 commission may adopt an approved alternative technology of the sort
16-3 listed without the direction of the governor under Subsection
16-4 (a-1), Section 382.037, Health and Safety Code, as added by this
16-5 Act.
16-6 SECTION 11. (a) On May 2, 1995, the Texas Natural Resource
16-7 Conservation Commission, the Texas Department of Transportation,
16-8 and the Public Safety Commission may commence operation and
16-9 implementation of the vehicle emissions inspection and maintenance
16-10 program authorized under Section 382.037, Health and Safety Code,
16-11 and in the form established by Section 382.0371, Health and Safety
16-12 Code, as added by this Act.
16-13 (b) Immediately after the effective date of this Act, the
16-14 Texas Natural Resource Conservation Commission shall adopt
16-15 emergency rules to implement the vehicle emissions inspection and
16-16 maintenance program in the form established by Subsection (a-1),
16-17 Section 382.037, and Section 382.0371, Health and Safety Code, as
16-18 added by this Act. The commission shall adopt final rules as soon
16-19 as practicable after the adoption of emergency rules.
16-20 (c) All requirements established under Subsection (d),
16-21 Section 382.037, Health and Safety Code, that prevent a vehicle
16-22 from receiving a vehicle inspection certificate in accordance with
16-23 Section 2, Chapter 88, General Laws, Acts of the 41st Legislature,
16-24 2nd Called Session, 1929 (Article 6675a-2, Vernon's Texas Civil
16-25 Statutes), shall be suspended until the Department of Public Safety
16-26 of the State of Texas has reinstated the vehicle emissions
16-27 inspection and maintenance program.
17-1 SECTION 12. (a) Notwithstanding Subdivision (3), Subsection
17-2 (b), Section 3, Chapter 1 (S.B. No. 19), Acts of the 74th
17-3 Legislature, Regular Session, 1995, not later than September 1,
17-4 1995, a managing contractor who received funds from the state while
17-5 the vehicle emissions inspection and maintenance program was
17-6 delayed shall repay to the state, without interest, the total of
17-7 any amount paid to the managing contractor under contract or
17-8 contract amendment terms described by Subdivision (2) of Subsection
17-9 (b) of Section 3 of that Act.
17-10 (b) A managing contractor described by Subsection (a) of
17-11 this section who does not comply with the requirements of
17-12 Subsection (a) may not provide any services or perform any activity
17-13 relating to a vehicle emissions inspection and maintenance program
17-14 implemented or reinstated on or after May 2, 1995, in this state.
17-15 This subsection does not restrict the payment by a managing
17-16 contractor of obligations incurred as a result of the managing
17-17 contractor's participation in a vehicle emissions inspection and
17-18 maintenance program the operation of which was suspended before May
17-19 2, 1995, or restrict the performance of an action necessary to the
17-20 cessation of a managing contractor's participation in such a
17-21 program.
17-22 SECTION 13. Any change or amendment to the vehicle emissions
17-23 inspection and maintenance program allowed or contemplated by this
17-24 Act, including any change or amendment to that program negotiated
17-25 and agreed to by the governor:
17-26 (1) is an amendment or repeal of that program under
17-27 any contract for implementation of that program;
18-1 (2) does not constitute a default by the state under a
18-2 contract for implementation of that program;
18-3 (3) is not a waiver of the state's defenses available
18-4 under law or under any existing contract for the implementation of
18-5 that program; and
18-6 (4) does not waive the state's sovereign immunity or
18-7 any defenses available to the state.
18-8 SECTION 14. The importance of this legislation and the
18-9 crowded condition of the calendars in both houses create an
18-10 emergency and an imperative public necessity that the
18-11 constitutional rule requiring bills to be read on three several
18-12 days in each house be suspended, and this rule is hereby suspended,
18-13 and that this Act take effect and be in force from and after its
18-14 passage, and it is so enacted.