74R9804 MI-D
          By Whitmire                                            S.B. No. 178
          Substitute the following for S.B. No. 178:
          By Chisum                                          C.S.S.B. No. 178
                                 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.  The purpose of this Act is to create the least
    1-6  stringent vehicle emissions inspection and maintenance program
    1-7  possible that will attain 100 percent compliance with the federal
    1-8  Clean Air Act (42 U.S.C. Section 7401 et seq.).
    1-9        SECTION 2.  Sections 382.037(d) and (h), Health and Safety
   1-10  Code, are amended to read as follows:
   1-11        (d)  On adoption of a resolution by the commission <board>
   1-12  and after proper notice, the Texas Department of Transportation
   1-13  shall implement a system that requires, as a condition of
   1-14  registering a motor vehicle under Section 2, Chapter 88, General
   1-15  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
   1-16  (Article 6675a-2, Vernon's Texas Civil Statutes), in a county that
   1-17  is included in a vehicle emissions inspection and maintenance
   1-18  program under Section 142, Uniform Act Regulating Traffic on
   1-19  Highways (Article 6701d, Vernon's Texas Civil Statutes), that the
   1-20  vehicle, unless the vehicle is not covered by the system or is
   1-21  being registered in conjunction with the vehicle's first sale as
   1-22  that term is defined by Section 7, Certificate of Title Act
   1-23  (Article 6687-1, Vernon's Texas Civil Statutes), be <annually or
   1-24  biennially> inspected annually, biennially, or at some other
    2-1  appropriate interval under the vehicle emissions inspection and
    2-2  maintenance program as required by the Texas air quality state
    2-3  implementation plan.   The Texas Department of Transportation shall
    2-4  implement such a system when it is required by any provision of
    2-5  federal or state law, including any provision of the Texas air
    2-6  quality state implementation plan.  The commission <board> may
    2-7  require or accept verification of compliance other than a vehicle
    2-8  inspection certificate.  The commission shall accept, instead of a
    2-9  vehicle inspection certificate or an alternative verification of
   2-10  compliance, proof of payment of a mitigation fee as provided by
   2-11  Section 382.0371.  The alternative verification of compliance or
   2-12  proof of payment of a mitigation fee shall be in a form determined
   2-13  through joint rule making by the commission <board> and the Texas
   2-14  Department of Transportation.
   2-15        (h)  If the Texas Department of Transportation adopts a
   2-16  system under Subsection (d), the department by rule shall<:>
   2-17              <(1)>  require, for a vehicle that is to be registered
   2-18  in a county covered by a biennial emissions testing program, that
   2-19  in an even-numbered year the owner of a vehicle of an even-numbered
   2-20  model year, and in an odd-numbered year the owner of a vehicle of
   2-21  an odd-numbered model year, submit to the department a valid
   2-22  vehicle emissions inspection certificate, other verification of
   2-23  compliance, or proof of payment of a mitigation fee issued for that
   2-24  vehicle within 90 days preceding the date on which the person
   2-25  applies for the registration<; and>
   2-26              <(2)  require the owner of a vehicle that is to be
   2-27  registered in an area covered by an annual emissions testing
    3-1  program to submit to the department a valid emissions inspection
    3-2  certificate issued for that vehicle within 90 days preceding the
    3-3  date on which the person applies for the registration>.
    3-4        SECTION 3.  Subchapter B, Chapter 382, Health and Safety
    3-5  Code, is amended by adding Sections 382.0371-382.0374 to read as
    3-6  follows:
    3-7        Sec. 382.0371.  HYBRID VEHICLE EMISSIONS INSPECTION AND
    3-8  MAINTENANCE PROGRAM.  (a)  For purposes of obtaining a vehicle
    3-9  emissions inspection certificate required as a condition of
   3-10  registration in an affected county, a vehicle that is less than six
   3-11  years old may be inspected at a decentralized test-and-repair
   3-12  facility that is authorized and licensed by the commission to
   3-13  conduct vehicle emissions inspections and that uses an approved
   3-14  technology.
   3-15        (b)  For purposes of obtaining a vehicle emissions inspection
   3-16  certificate required as a condition of registration in an affected
   3-17  county, a vehicle that is six years old or older must be initially
   3-18  inspected at a centralized inspection facility that is authorized
   3-19  and licensed by the commission to conduct vehicle emissions
   3-20  inspections and that uses an approved technology.  If repair is
   3-21  necessary before a vehicle can qualify for a vehicle emissions
   3-22  inspection certificate, the subsequent reinspection may be
   3-23  conducted at a decentralized test-and-repair facility that is
   3-24  authorized and licensed by the commission to conduct vehicle
   3-25  emissions inspections and that uses an approved technology.  A
   3-26  vehicle that fails the initial vehicle emissions inspection for two
   3-27  consecutive inspection cycles must be reinspected at a centralized
    4-1  testing facility after repairs.
    4-2        (c)  The commission may not grant a waiver of any sort for a
    4-3  vehicle that fails a vehicle emissions inspection or for which a
    4-4  mitigation fee has not been paid as provided by Subsection (d).
    4-5        (d)  A person may obtain an exemption from vehicle emissions
    4-6  inspection requirements for a vehicle less than six years old by
    4-7  submitting a $10 mitigation fee to the county tax
    4-8  assessor-collector with the application for registration of the
    4-9  vehicle each year of the biennial inspection cycle preceding the
   4-10  inspection cycle for which the exemption is sought.  The owner of a
   4-11  rental vehicle less than six years old that is to be registered in
   4-12  the county for part of a year only may obtain an exemption for that
   4-13  vehicle under this subsection by paying a fee prorated for the part
   4-14  of the year for which the vehicle is registered in the county.  The
   4-15  county tax assessor-collector shall issue to a person paying the
   4-16  mitigation fee proof of payment in a form prescribed by the
   4-17  commission.  The county tax assessor-collector shall keep a
   4-18  separate record of, and shall deposit in a separate account in the
   4-19  county treasury, the mitigation fees collected under this section.
   4-20  Except as provided by Section 382.0374, the county tax
   4-21  assessor-collector each calendar quarter shall remit to the
   4-22  comptroller mitigation fees collected for the preceding quarter.
   4-23  The comptroller shall deposit the mitigation fees to the credit of
   4-24  the clean air fund to be used for the purposes of that fund.  If
   4-25  the commission, the Public Safety Commission, and the Texas
   4-26  Department of Transportation by joint rule develop the program
   4-27  authorized by Subsection (i), a centralized inspection or
    5-1  decentralized test-and-repair facility that renews vehicle
    5-2  registrations shall collect, account for, and remit to the
    5-3  comptroller the mitigation fees in the same manner as a county tax
    5-4  assessor-collector, or shall remit the fees to the county clerk for
    5-5  deposit to the appropriate fund if the county in which the facility
    5-6  is located has implemented a vehicle repair assistance and
    5-7  scrappage program authorized by Section 382.0374.
    5-8        (e)  The commission and the Texas Department of
    5-9  Transportation by joint rule shall require vehicle emissions
   5-10  inspection and certification or payment of a mitigation fee as
   5-11  provided by Subsection (d) as a condition of registering a vehicle
   5-12  if:
   5-13              (1)  the vehicle:
   5-14                    (A)  is to be registered outside an affected
   5-15  county; and
   5-16                    (B)  will be driven inside the affected county
   5-17  more than three times each week; or
   5-18              (2)  the vehicle:
   5-19                    (A)  is a used vehicle;
   5-20                    (B)  is to be registered in an affected county;
   5-21  and
   5-22                    (C)  was registered outside or was held
   5-23  unregistered outside the affected county during the previous
   5-24  registration year.
   5-25        (f)  The commission by rule may provide for the inspection
   5-26  and repair of vehicles under the vehicle emissions inspection and
   5-27  maintenance program by certified inspection or repair technicians
    6-1  at testing or test-and-repair facilities licensed by the
    6-2  commission.
    6-3        (g)  The commission may purchase or lease and use remote
    6-4  sensing devices in an affected county to identify grossly emitting
    6-5  vehicles in locations where those vehicles are likely to travel if
    6-6  the purchase or lease and use of remote sensing devices will be
    6-7  cost-effective in obtaining emissions reduction credits for the
    6-8  state.
    6-9        (h)  The commission by rule shall set a uniform fee for
   6-10  initial vehicle emissions inspection and maintenance testing in all
   6-11  nonattainment areas.  A centralized inspection facility or a
   6-12  decentralized test-and-repair facility may not charge a fee for
   6-13  reinspecting a vehicle that has failed the initial inspection and
   6-14  has been repaired to bring the vehicle into compliance but may
   6-15  charge a fee to reinspect a vehicle that has failed both the
   6-16  initial inspection and the first post-repair reinspection.
   6-17        (i)  The commission, the Texas Department of Transportation,
   6-18  and the Public Safety Commission by joint rule shall develop a
   6-19  program to allow a centralized inspection facility or a
   6-20  decentralized test-and-repair facility to renew vehicle
   6-21  registrations and to perform safety inspections.
   6-22        (j)  The commission in implementing the vehicle emissions
   6-23  inspection and maintenance program may not impose requirements more
   6-24  stringent than federal requirements.  The commission:
   6-25              (1)  by rule may exempt a county from the vehicle
   6-26  emissions inspection and maintenance program if:
   6-27                    (A)  the action is not prohibited by federal law
    7-1  or regulation; and
    7-2                    (B)  the commission determines that the county
    7-3  will maintain full attainment credit and required emissions
    7-4  reductions;
    7-5              (2)  by emergency rule may take any action necessary to
    7-6  conform the state's vehicle emissions inspection and maintenance
    7-7  program established under Section 382.037 and modified by Sections
    7-8  382.0371-382.0374 or any similar clean air program to the most
    7-9  flexible, effective, efficient, economical, and convenient method
   7-10  or system compatible with and acceptable under federal law or
   7-11  regulations or other federal guidelines or enforcement policies;
   7-12  and
   7-13              (3)  by emergency rule shall adopt a decentralized
   7-14  vehicle emissions inspection and maintenance program if a
   7-15  decentralized program is compatible with and acceptable under
   7-16  federal law or regulations or other federal guidelines or
   7-17  enforcement policies.
   7-18        (k)  In this section:
   7-19              (1)  "Affected county" means a county that is included
   7-20  in a vehicle emissions inspection and maintenance program under
   7-21  Section 142, Uniform Act Regulating Traffic on Highways (Article
   7-22  6701d, Vernon's Texas Civil Statutes).
   7-23              (2)  "Approved technology" means a technology certified
   7-24  by the commission as capable of significantly contributing to the
   7-25  achievement of the standards set in the state implementation plan.
   7-26              (3)  "Fleet vehicle" means a motor vehicle operated as
   7-27  one of a group that consists of more than 10 motor vehicles and
    8-1  that is owned and operated by a public or commercial entity or by a
    8-2  private entity other than a single household.
    8-3              (4)  "Vehicle" includes a fleet vehicle.
    8-4        Sec. 382.0372.  HYBRID PROGRAM:  TRANSITION PERIOD.  (a)
    8-5  From the effective date of this section until January 1, 1998, the
    8-6  vehicle emissions inspection program established under Section
    8-7  382.037 and modified by Sections 382.0371-382.0374 applies and may
    8-8  be operated and implemented only as provided by this section.
    8-9        (b)  Beginning May 2, 1995, and except as provided by
   8-10  Subsections (d) and (e) or by commission rule adopted under Section
   8-11  382.0371(j)(1), the program applies to all fleet vehicles in
   8-12  Tarrant, Dallas, Harris, Galveston, Brazoria, Fort Bend,
   8-13  Montgomery, and El Paso counties.
   8-14        (c)  Beginning June 1, 1995, and except as provided by
   8-15  Subsections (d) and (e) or by commission rule adopted under Section
   8-16  382.0371(j)(1), the program applies to all vehicles in Tarrant,
   8-17  Dallas, Harris, Galveston, Brazoria, Fort Bend, Montgomery, and El
   8-18  Paso counties.
   8-19        (d)  Until January 1, 1996, a decentralized test-and-repair
   8-20  facility in Tarrant or Dallas County may perform vehicle emissions
   8-21  inspections using BAR90 technology.
   8-22        (e)  Until January 1, 1996, a decentralized test-and-repair
   8-23  facility in El Paso County may perform vehicle emissions
   8-24  inspections using BAR84 technology.
   8-25        (f)  Beginning January 1, 1996, the program applies in
   8-26  Jefferson, Orange, Collin, and Denton counties.
   8-27        Sec. 382.0373.  VEHICLE EMISSIONS INSPECTION AND MAINTENANCE
    9-1  ADVISORY PANEL.  (a)  The vehicle emissions inspection and
    9-2  maintenance advisory panel consists of nine members, one member
    9-3  appointed by the governor, one member appointed by the lieutenant
    9-4  governor, and one member appointed by the speaker of the house of
    9-5  representatives from each of the following groups:
    9-6              (1)  the automotive repair industry;
    9-7              (2)  the public; and
    9-8              (3)  locally affected governments.
    9-9        (b)  A member of the advisory panel serves at the will of the
   9-10  officer who appointed the member.
   9-11        (c)  The governor shall appoint the chairman of the advisory
   9-12  panel.
   9-13        (d)  The advisory panel shall meet quarterly and at the call
   9-14  of the chairman or of a majority of the members.
   9-15        (e)  The advisory panel shall review federal requirements
   9-16  relating to the vehicle emissions inspection and maintenance
   9-17  program, agency rules adopted in this state relating to that
   9-18  program, and the implementation of similar programs by other states
   9-19  and shall inform and advise the commission regarding those
   9-20  requirements, possible alternative compliance methods, and the
   9-21  effects of compliance on the groups represented by the advisory
   9-22  panel.
   9-23        (f)  A member of the advisory panel is entitled to
   9-24  compensation and reimbursement of the member's travel expenses as
   9-25  provided in the General Appropriations Act.  Payments under this
   9-26  subsection must be made from existing commission funds.
   9-27        (g)  The advisory panel is not subject to Article 6252-33,
   10-1  Revised Statutes.
   10-2        Sec. 382.0374.  VEHICLE REPAIR ASSISTANCE AND SCRAPPAGE
   10-3  PROGRAM.  (a)  The commission, the Texas Department of
   10-4  Transportation, and the Public Safety Commission by joint rule
   10-5  shall authorize the implementation of a vehicle repair assistance
   10-6  and scrappage program by the commissioners court of an affected
   10-7  county, subject to appropriate agency oversight that may include
   10-8  reasonable periodic commission audits.
   10-9        (b)  The commission shall adopt guidelines to assist a county
  10-10  in implementing a program under this section.  The guidelines at a
  10-11  minimum shall recommend:
  10-12              (1)  the minimum and maximum amounts for repair
  10-13  assistance or for the scrappage purchase price of a qualified
  10-14  vehicle; and
  10-15              (2)  criteria for determining eligibility for repair
  10-16  assistance, taking into account the vehicle owner's income, the
  10-17  fair market value of the vehicle, and any other relevant
  10-18  considerations.
  10-19        (c)  A participating county shall retain in a separate
  10-20  account the mitigation fees collected under Section 382.0371(d).
  10-21  The county may use money in the account, including accrued
  10-22  interest, only for administering and implementing the county's
  10-23  vehicle repair assistance and scrappage program.  If a
  10-24  participating county's program is discontinued by the county or by
  10-25  the state, the county may retain in the account the unexpended and
  10-26  unobligated balance of mitigation fees collected before the program
  10-27  was discontinued for use only in clean air programs.  If money in a
   11-1  participating county's account is depleted, the county is not
   11-2  required to provide other county funds to operate the program.
   11-3        (d)  A participating county may contract with any appropriate
   11-4  entity or with another county for services necessary to implement
   11-5  the county's program.  A participating county may pool mitigation
   11-6  fees with another participating county for purposes of implementing
   11-7  the program.
   11-8        (e)  A participating county may appoint a local advisory
   11-9  panel consisting of representatives of automobile dealerships, the
  11-10  automotive repair industry, the public, and locally affected
  11-11  governments to advise the county regarding the operation of the
  11-12  county's program.
  11-13        (f)  A fleet vehicle, a vehicle owned or leased by a
  11-14  governmental entity, or a commercial vehicle is not eligible for
  11-15  repair assistance or scrappage purchase under a program implemented
  11-16  under this section.
  11-17        (g)  A private commercial or business entity may participate
  11-18  in a vehicle repair assistance and scrappage program in accordance
  11-19  with commission rules.  The commission shall adopt rules under this
  11-20  subsection that provide at a minimum for:
  11-21              (1)  the assignment of emissions reduction credit to a
  11-22  private commercial or business entity that purchases for scrappage
  11-23  a qualified vehicle under a vehicle repair assistance and scrappage
  11-24  program;
  11-25              (2)  the transferability of an assigned emissions
  11-26  reduction credit; and
  11-27              (3)  the use of the emissions reduction credit by the
   12-1  holder of the credit against any emissions requirements of a
   12-2  facility owned or operated by the holder of the credit.
   12-3        (h)  A vehicle purchased under a vehicle repair assistance
   12-4  and scrappage program authorized by this section may not be resold
   12-5  or reused and must be destroyed.
   12-6        (i)  In this section:
   12-7              (1)  "Affected county," "fleet vehicle," and "vehicle"
   12-8  have the meanings assigned by Section 382.0371.
   12-9              (2)  "Commercial vehicle" means a vehicle that is owned
  12-10  or leased by and is used in the regular course of business of a
  12-11  commercial or business entity.
  12-12        SECTION 4.  Section 2, Chapter 88, General Laws, Acts of the
  12-13  41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
  12-14  Vernon's Texas Civil Statutes), is amended by adding Subsection
  12-15  (a-2) and amending Subsections (i) and (j) to read as follows:
  12-16        (a-2)  Notwithstanding the provisions of Subsection (a), if
  12-17  the Texas Natural Resource Conservation Commission, the Public
  12-18  Safety Commission, and the Texas Department of Transportation by
  12-19  joint rule under Section 382.0371(i), Health and Safety Code,
  12-20  develop a program to allow a centralized inspection facility or a
  12-21  decentralized test-and-repair facility licensed by the Texas
  12-22  Natural Resource Conservation Commission to renew vehicle
  12-23  registrations and perform safety inspections, the Department may
  12-24  appoint a centralized inspection or a decentralized test-and-repair
  12-25  station licensed by the Texas Natural Resource Conservation
  12-26  Commission to perform the duties of a county tax assessor-collector
  12-27  in registering vehicles in a county that is covered by a vehicle
   13-1  emissions inspection and maintenance program.
   13-2        (i)  In implementing each system that requires a valid
   13-3  vehicle emissions inspection certificate as a condition of
   13-4  registering a vehicle in a county that is included in a vehicle
   13-5  emissions inspection and maintenance program under Section 142,
   13-6  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   13-7  Texas Civil Statutes), the Texas Department of Transportation
   13-8  through the county tax collector in the county may not issue a
   13-9  registration for a vehicle unless the vehicle emissions inspection
  13-10  certificate for that vehicle issued by an inspection station
  13-11  located in a county that is included in the vehicle emissions
  13-12  inspection and maintenance program within the applicable period
  13-13  required by Section 382.037(h), Health and Safety Code, <or> other
  13-14  verification of compliance, as provided by Section 382.037, Health
  13-15  and Safety Code, or payment or proof of payment of a mitigation fee
  13-16  as provided by Section 382.0371, Health and Safety Code, is
  13-17  submitted with the application for registration or renewal of
  13-18  registration.  The county tax collector, a deputy county tax
  13-19  collector, or a person acting on behalf of the county tax collector
  13-20  is not liable to any person for refusing to register a motor
  13-21  vehicle because of the person's failure to submit the vehicle
  13-22  emissions inspection certificate, <waiver, or> other verification
  13-23  of compliance, or payment or proof of payment of a mitigation fee
  13-24  or for registering a motor vehicle under this section.
  13-25        (j)(1)  A county tax collector covered by Subsection (i) of
  13-26  this section shall collect the original emissions inspection
  13-27  certificates<, waivers,> and other verifications of compliance and
   14-1  on request of the Texas Natural Resource Conservation Commission
   14-2  shall submit the certificates<, waivers,> and the other
   14-3  verifications to the commission.  The county tax collector also
   14-4  shall collect the mitigation fees and handle the fees as prescribed
   14-5  by Section 382.0371(d) or 382.0374(c), Health and Safety Code.
   14-6              (2)  Each county tax collector shall submit an annual
   14-7  report to the Texas Natural Resource Conservation Commission and
   14-8  the Texas Department of Transportation that shows:
   14-9                    (A)  the number of registrations denied because
  14-10  of the applicant's failure to provide proof of residency in the
  14-11  county;
  14-12                    (B)  the number of registrations denied because
  14-13  of the applicant's failure to provide an original emissions
  14-14  inspection certificate, other verification of compliance, or
  14-15  payment or proof of payment of a mitigation fee <or a valid
  14-16  waiver>; and
  14-17                    (C)  an itemized accounting of the costs to the
  14-18  county of administering this subsection and Subsections (a) and (i)
  14-19  of this section.
  14-20        SECTION 5.  Section 3(j), Chapter 88, General Laws, Acts of
  14-21  the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-3,
  14-22  Vernon's Texas Civil Statutes), is amended to read as follows:
  14-23        (j)  In implementing each system that requires a valid
  14-24  vehicle emissions inspection certificate as a condition of
  14-25  registering a vehicle in a county that is included in a vehicle
  14-26  emissions inspection and maintenance program under Section 142,
  14-27  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   15-1  Texas Civil Statutes), the State Department of Highways and Public
   15-2  Transportation shall require that the vehicle emissions inspection
   15-3  certificate for that vehicle, <or> other verification of
   15-4  compliance, as provided by Section 382.037(e), Health and Safety
   15-5  Code, or payment or proof of payment of a mitigation fee as
   15-6  provided by Section 382.0371, Health and Safety Code, be submitted
   15-7  with an application for registration or renewal of registration.
   15-8        SECTION 6.  Section 141, Uniform Act Regulating Traffic on
   15-9  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
  15-10  by amending Subsection (a-1) and adding Subsection (a-2) to read as
  15-11  follows:
  15-12        (a-1)  The Texas Natural Resource Conservation Commission may
  15-13  authorize and license inspection stations as necessary to conduct
  15-14  the emissions-related inspection <reinspection> requirements of the
  15-15  vehicle emissions inspection and maintenance program under Sections
  15-16  142(d) and (d-1) of this Act.  At the request of the Texas Natural
  15-17  Resource Conservation Commission, the Department shall provide
  15-18  inspection certificates for distribution and issuance at
  15-19  centralized or decentralized inspection <reinspection> stations
  15-20  licensed by the Texas Natural Resource Conservation Commission.
  15-21  The Texas Natural Resource Conservation Commission shall pay to the
  15-22  Department an amount equal to the cost of producing the
  15-23  certificates.  The Texas Natural Resource Conservation Commission
  15-24  shall establish a uniform initial inspection fee and a reinspection
  15-25  fee as provided by Section 382.0371(h), Health and Safety Code, and
  15-26  shall implement procedures governing tracking of certificates and
  15-27  refunding the cost of unused certificates issued to inspection
   16-1  <reinspection> facilities.
   16-2        (a-2)  If the Texas Natural Resource Conservation Commission,
   16-3  the Public Safety Commission, and the Texas Department of
   16-4  Transportation by joint rule under Section 382.0371(i), Health and
   16-5  Safety Code, develop a program to allow a centralized inspection
   16-6  facility or a decentralized test-and-repair facility licensed by
   16-7  the Texas Natural Resource Conservation Commission to renew vehicle
   16-8  registrations and perform safety inspections, the Department may
   16-9  appoint a centralized inspection or a decentralized test-and-repair
  16-10  station licensed by the Texas Natural Resource Conservation
  16-11  Commission to perform vehicle emissions inspections under
  16-12  Subsection (a-1) of this section as an official inspection station
  16-13  to carry out the provisions of this section.
  16-14        SECTION 7.  Section 4.202(a-1), County Road and Bridge Act
  16-15  (Article 6702-1, Vernon's Texas Civil Statutes), is amended to read
  16-16  as follows:
  16-17        (a-1)  A county tax assessor-collector who is required by
  16-18  Section 2(j), Chapter 88, General Laws, Acts of the 41st
  16-19  Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's
  16-20  Texas Civil Statutes), to collect a vehicle emissions inspection
  16-21  certificate, other verification of compliance, or a mitigation fee
  16-22  <a valid waiver> from an applicant for registration of a vehicle
  16-23  shall collect and retain for the county a fee of 50 cents for each
  16-24  emissions inspection certificate, <or> other verification, or
  16-25  mitigation fee collected.  The county tax assessor-collector may
  16-26  not collect an additional fee for the administrative costs of
  16-27  collecting and handling the mitigation fee.
   17-1        SECTION 8.  Effective May 2, 1995, the following are
   17-2  repealed:
   17-3              (1)  Sections 382.037(o) and (p), Health and Safety
   17-4  Code, as added by Senate Bill No. 19, Acts of the 74th Legislature,
   17-5  Regular Session, 1995; and
   17-6              (2)  Section 2, Senate Bill No. 19, Acts of the 74th
   17-7  Legislature, Regular Session, 1995.
   17-8        SECTION 9.  (a)  On May 2, 1995, the Texas Natural Resource
   17-9  Conservation Commission, the Texas Department of Transportation,
  17-10  and the Public Safety Commission may resume operation and
  17-11  implementation of the vehicle emissions inspection and maintenance
  17-12  program authorized under Section 382.037, Health and Safety Code,
  17-13  but only as modified by Sections 382.0371 through 382.0374, Health
  17-14  and Safety Code, as added by this Act.
  17-15        (b)  Immediately after the effective date of this Act, the
  17-16  Texas Natural Resource Conservation Commission shall adopt
  17-17  emergency rules to implement the vehicle emissions inspection and
  17-18  maintenance program as modified by this Act.  The commission shall
  17-19  adopt final rules as soon as practicable after the adoption of
  17-20  emergency rules.
  17-21        SECTION 10.  The importance of this legislation and the
  17-22  crowded condition of the calendars in both houses create an
  17-23  emergency and an imperative public necessity that the
  17-24  constitutional rule requiring bills to be read on three several
  17-25  days in each house be suspended, and this rule is hereby suspended,
  17-26  and that this Act take effect and be in force from and after its
  17-27  passage, and it is so enacted.