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.