1-1        By:  Whitmire                                    S.B. No. 178
    1-2        (In the Senate - Filed January 11, 1995; January 17, 1995,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  January 23, 1995, rereferred to Special Committee on Emissions and
    1-5  Clean Air; April 11, 1995, reported adversely, with favorable
    1-6  Committee Substitute by the following vote:  Yeas 5, Nays 0;
    1-7  April 11, 1995, sent to printer.)
    1-8  COMMITTEE SUBSTITUTE FOR S.B. No. 178                 By:  Whitmire
    1-9                         A BILL TO BE ENTITLED
   1-10                                AN ACT
   1-11  relating to delay of and an interim program for the vehicle
   1-12  emissions inspection and maintenance program; providing penalties.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Section 382.037, Health and Safety Code, is
   1-15  amended by adding Subsection (a-1) to read as follows:
   1-16        (a-1)  Notwithstanding other provisions of this section, the
   1-17  commission shall establish and implement an interim vehicle
   1-18  emissions inspection and maintenance program to begin June 1, 1995,
   1-19  as established under Section 382.0371.  The interim vehicle
   1-20  emissions inspection and maintenance program is effective, in whole
   1-21  or in part, until the governor determines, after appropriate
   1-22  negotiation with the United States Environmental Protection Agency,
   1-23  the type of vehicle emissions inspection and maintenance program
   1-24  necessary to meet the requirements of the 1990 amendments to the
   1-25  federal Clean Air Act (42 U.S.C. Section 7401 et seq.) and to
   1-26  receive federal approval of the Texas state implementation plan.
   1-27  On making that determination, the governor by executive order shall
   1-28  direct the commission to develop and implement the vehicle
   1-29  emissions inspection and maintenance program determined by the
   1-30  governor under this subsection to be necessary to meet federal
   1-31  requirements and receive federal approval, and all or part of the
   1-32  interim program established under Section 382.0371 is suspended at
   1-33  that time.  The governor under this section may direct the adoption
   1-34  of a particular testing technology or system, a particular
   1-35  combination of technologies, systems, or technologies and systems,
   1-36  or a particular vehicle emissions inspection and maintenance
   1-37  program, including a registration-based program if required and
   1-38  adjust appropriate fees as necessary.  The governor under this
   1-39  section may direct the exemption of a county from or the inclusion
   1-40  of a county in a vehicle emissions inspection and maintenance
   1-41  program if required.
   1-42        SECTION 2.  Subchapter B, Chapter 382, Health and Safety
   1-43  Code, is amended by adding Sections 382.0371 and 382.0372 to read
   1-44  as follows:
   1-45        Sec. 382.0371.  INTERIM VEHICLE EMISSIONS INSPECTION AND
   1-46  MAINTENANCE PROGRAM.  (a)  The commission, in cooperation with the
   1-47  Department of Public Safety of the State of Texas, shall establish
   1-48  an interim vehicle emissions inspection and maintenance program in
   1-49  accordance with this section and rules adopted under this section.
   1-50        (b)  A program established under this section applies to a
   1-51  motor vehicle that is registered in a county in one of the
   1-52  following areas or that is required by commission rule adopted
   1-53  under Section 382.037(l) to comply with a vehicle emissions
   1-54  inspection and maintenance program and is operated in a county in
   1-55  one of the following areas:
   1-56              (1)  the part of the Houston-Galveston ozone
   1-57  nonattainment area that consists of Brazoria, Fort Bend, Galveston,
   1-58  Harris, and Montgomery counties;
   1-59              (2)  the Dallas-Fort Worth ozone nonattainment area,
   1-60  consisting of Dallas and Tarrant counties; and
   1-61              (3)  the El Paso ozone nonattainment area, consisting
   1-62  of El Paso County.
   1-63        (c)  After the date of the fourth anniversary of the
   1-64  vehicle's first sale, a vehicle subject to this section:
   1-65              (1)  must be tested annually; and
   1-66              (2)  may not be issued a safety inspection certificate
   1-67  unless, at the time of the safety inspection, the person seeking
   1-68  the safety inspection certificate presents to the appropriate
    2-1  person:
    2-2                    (A)  proof of the date of the vehicle's first
    2-3  sale in a form approved by the Department of Public Safety of the
    2-4  State of Texas; and
    2-5                    (B)  proof in a form approved by the commission
    2-6  that the vehicle:
    2-7                          (i)  has passed the appropriate vehicle
    2-8  emissions inspection required for that vehicle under this section;
    2-9  or
   2-10                          (ii)  has been granted an exemption by the
   2-11  commission under Section 382.037(k).
   2-12        (d)  Except as provided by Subsection (e), a fleet vehicle or
   2-13  exempt licensed vehicle may be tested only at a centralized
   2-14  test-only facility authorized and licensed by the commission to
   2-15  perform vehicle emissions inspections required by this section.
   2-16        (e)  A fleet vehicle with a gross vehicle weight greater than
   2-17  10,000 pounds may be tested at an on-site fleet maintenance
   2-18  facility by technicians employed by the fleet owner or operator if
   2-19  the facility is authorized and licensed by the commission to
   2-20  perform vehicle emissions inspections required by this section.
   2-21  The commission may collect a $12 fee for each fleet vehicle tested
   2-22  at a fleet maintenance facility.
   2-23        (f)  A vehicle that is not subject to Subsection (d) or (e)
   2-24  may be tested at a centralized test-only facility, a decentralized
   2-25  test-only facility, or a decentralized test-and-repair facility at
   2-26  the option of the vehicle owner.
   2-27        (g)  The commission by rule shall prescribe the types of
   2-28  vehicle emissions tests to be used at each type of testing
   2-29  facility.  The commission may prescribe different types of tests to
   2-30  be used at different types of facilities or in different
   2-31  nonattainment areas.  The commission may not require in any
   2-32  nonattainment area an emissions testing technology or procedure
   2-33  that is more stringent than a technology or procedure used in
   2-34  vehicle emissions inspection and maintenance programs in this state
   2-35  before January 1, 1995, unless the use of a more stringent
   2-36  technology or procedure is necessary to establish new emissions
   2-37  testing facilities in an area in which a vehicle emissions
   2-38  inspection and maintenance program did not exist before January 1,
   2-39  1995.
   2-40        (h)  A dual-fueled vehicle must be tested as required by this
   2-41  section if one of the fuels used is gasoline.
   2-42        (i)  A vehicle emissions test required by this section may be
   2-43  performed by the same facility that performs the safety inspection
   2-44  if that facility is authorized and licensed by the commission to
   2-45  perform the vehicle emissions test and certified by the Department
   2-46  of Public Safety of the State of Texas to perform the safety
   2-47  inspection.
   2-48        (j)  The commission shall develop and implement a program to
   2-49  certify, inspect, and audit vehicle emissions testing facilities.
   2-50  The commission may set and collect a certification fee sufficient
   2-51  to recover the costs of implementing the certification, inspection,
   2-52  and audit program established under this subsection.  In addition
   2-53  to other penalties authorized by this chapter, the commission after
   2-54  an opportunity for a hearing may revoke the certification of a
   2-55  facility that violates this chapter or a rule adopted under this
   2-56  chapter.  Fees and penalties collected under this subsection are
   2-57  Clean Air Act fees as defined by Section 382.0622.
   2-58        (k)  The commission shall implement an automobile emissions
   2-59  control equipment parameter check in Harris County during the
   2-60  period June 1, 1995, to December 31, 1995.  This program shall be
   2-61  similar to that parameters program in use on December 31, 1994.
   2-62        (l)  This section applies to the issuance of safety
   2-63  inspection certificates issued under Section 140 or 141, Uniform
   2-64  Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
   2-65  Civil Statutes), on or after:
   2-66              (1)  June 1, 1995, for all fleet vehicles and exempt
   2-67  licensed vehicles subject to this section;
   2-68              (2)  June 1, 1995, for all other vehicles subject to
   2-69  this section and registered in Dallas, El Paso, and Tarrant
   2-70  counties or required by commission rule adopted under Section
    3-1  382.037(l) to comply with a vehicle emissions inspection and
    3-2  maintenance program and operated in one of those counties; and
    3-3              (3)  January 1, 1996, for all other vehicles subject to
    3-4  this section and registered in Brazoria, Fort Bend, Galveston,
    3-5  Harris, and Montgomery counties or required by commission rule
    3-6  adopted under Section 382.037(l) to comply with a vehicle emissions
    3-7  inspection and maintenance program and operated in one of those
    3-8  counties.
    3-9        (m)  In this section:
   3-10              (1)  "Exempt licensed vehicle" means a vehicle that is
   3-11  exempt from the payment of registration fees and that is issued
   3-12  specially designated license plates under Section 3aa, Chapter 88,
   3-13  General Laws, Acts of the 41st Legislature, 2nd Called Session,
   3-14  1929 (Article 6675a-3aa, Vernon's Texas Civil Statutes).
   3-15              (2)  "First sale" of a motor vehicle has the meaning
   3-16  assigned by Section 7, Certificate of Title Act (Article 6687-1,
   3-17  Vernon's Texas Civil Statutes).
   3-18              (3)  "Fleet vehicle" means a motor vehicle owned or
   3-19  operated by a nonhousehold entity as a member of a group of 10 or
   3-20  more motor vehicles.
   3-21              (4)  "Safety inspection" means a compulsory inspection
   3-22  performed as required by Section 140 or 141, Uniform Act Regulating
   3-23  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
   3-24  by an official inspection station issued a certificate of
   3-25  appointment by the Department of Public Safety of the State of
   3-26  Texas under Section 141(a) of that Act.
   3-27              (5)  "Safety inspection certificate" means an
   3-28  inspection certificate issued under Section 140 or 141, Uniform Act
   3-29  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   3-30  Statutes), after a compulsory inspection required by Section 140 or
   3-31  141 of that Act, by an official inspection station issued a
   3-32  certificate of appointment by the Department of Public Safety of
   3-33  the State of Texas under Section 141(a) of that Act.
   3-34        Sec. 382.0372.  AIR QUALITY FUND.  (a)  The air quality fund
   3-35  consists of federal air quality fees.
   3-36        (b)  Money in the fund may be used only for:
   3-37              (1)  a repair assistance program established under
   3-38  Section 382.037(p); or
   3-39              (2)  other purposes related to meeting the federal
   3-40  attainment requirements for vehicle emissions.
   3-41        (c)  Sections 403.094 and 403.095, Government Code, do not
   3-42  apply to the fund.
   3-43        SECTION 3.  Section 382.037, Health and Safety Code, is
   3-44  amended by amending Subsections (e), (h), and (n), and Subsections
   3-45  (o) and (p) as added by S.B. No. 19, Acts of the 74th Legislature,
   3-46  Regular Session, 1995, and by adding Subsection (q) to read as
   3-47  follows:
   3-48        (e)  The commission by rule shall establish a uniform fee of
   3-49  $12 <board may assess fees> for all vehicle emissions-related
   3-50  inspections performed at test-only or test-and-repair inspection
   3-51  <or reinspection> facilities authorized and licensed by the
   3-52  commission.  The first retest following a failed inspection shall
   3-53  be provided free of charge within 15 days of the initial inspection
   3-54  at the facility that performed the initial inspection.  An <board
   3-55  in amounts reasonably necessary to recover the costs of developing,
   3-56  administering, evaluating, and enforcing the vehicle emissions
   3-57  inspection and maintenance program.  If the program relies on
   3-58  privately operated or contractor-operated inspection or
   3-59  reinspection stations, an> appropriate portion of the fee as
   3-60  determined by commission <board> rule may be retained by the
   3-61  station owner or operator to recover the cost of performing the
   3-62  inspections <and provide a reasonable margin of profit>.  Any
   3-63  portion of the fee collected by the commission <board> is a Clean
   3-64  Air Act fee under Section 382.0622.
   3-65        (h)  If the Texas Department of Transportation adopts a
   3-66  system under Subsection (d), the department by rule shall:
   3-67              (1)  require, for a vehicle that is to be registered in
   3-68  a county covered by a biennial emissions testing program, that in
   3-69  an even-numbered year the owner of a vehicle of an even-numbered
   3-70  model year, and in an odd-numbered year the owner of a vehicle of
    4-1  an odd-numbered model year, submit to the department a valid
    4-2  vehicle emissions inspection certificate issued for that vehicle
    4-3  within a period not to exceed one calendar year <90 days> preceding
    4-4  the date on which the person applies for the registration; and
    4-5              (2)  require the owner of a vehicle that is to be
    4-6  registered in an area covered by an annual emissions testing
    4-7  program to submit to the department a valid emissions inspection
    4-8  certificate issued for that vehicle within a period not to exceed
    4-9  one calendar year <90 days> preceding the date on which the person
   4-10  applies for the registration.
   4-11        (n)  The commission <board> may conduct audits to determine
   4-12  compliance with this section and with any vehicle emissions
   4-13  inspection and certificate programs under Sections 141 and 142,
   4-14  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   4-15  Texas Civil Statutes).  The commission may conduct or require
   4-16  third-party quality assurance, remote observation systems, central
   4-17  data management, or other oversight activities necessary to ensure
   4-18  the effectiveness of any vehicle emissions inspection and
   4-19  maintenance program.
   4-20        (o)  Before an initial safety inspection certificate may be
   4-21  issued for a vehicle under Section 141(c-1), Uniform Act Regulating
   4-22  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
   4-23  the owner of the vehicle must pay a $20 federal air quality fee.
   4-24  The official inspection station performing the initial safety
   4-25  inspection on the vehicle shall collect the fee imposed under this
   4-26  subsection and shall remit all fees collected to the comptroller in
   4-27  the manner provided under Chapter 151, Tax Code, for remitting
   4-28  sales taxes to the comptroller.  The comptroller by rule may modify
   4-29  the manner of remitting the fees if necessary for the more
   4-30  efficient and convenient administration of this subsection.  The
   4-31  comptroller shall deposit the fees in the state treasury to the
   4-32  credit of the air quality fund <Notwithstanding any state agency
   4-33  rule or resolution to the contrary, the vehicle emissions
   4-34  inspection and maintenance program provided for by this section may
   4-35  not begin operation until the 91st day after the effective date of
   4-36  this subsection, except as provided by Subsection (p).  This
   4-37  subsection also applies to implementation of the program by the
   4-38  Texas Department of Transportation under this section or under
   4-39  Section 2, Chapter 88, General Laws, Acts of the 41st Legislature,
   4-40  2nd Called Session, 1929 (Article 6675a-2, Vernon's Texas Civil
   4-41  Statutes), or Section 3, Chapter 88, General Laws, Acts of the 41st
   4-42  Legislature, 2nd Called Session, 1929 (Article 6675a-3, Vernon's
   4-43  Texas Civil Statutes), or by the Public Safety Commission under
   4-44  Section 142, Uniform Act Regulating Traffic on Highways (Article
   4-45  6701d, Vernon's Texas Civil Statutes)>.
   4-46        (p)  The commission may establish a program to provide
   4-47  financial assistance to low-income vehicle owners for repairs up to
   4-48  a maximum of the federal waiver criteria as determined by the
   4-49  United States Environmental Protection Agency.  The commission may
   4-50  use money in the air quality fund to pay the reasonable costs of a
   4-51  financial assistance program established under this subsection
   4-52  <suspension of the vehicle emissions inspection and maintenance
   4-53  program imposed by Subsection (o) does not apply to the inspection
   4-54  of vehicles voluntarily presented for inspection at an authorized
   4-55  inspection facility.  This subsection does not require a contractor
   4-56  to make testing available on a voluntary basis>.
   4-57        (q)  The commission shall establish a program using
   4-58  appropriate remote sensing technology to target, detect, and
   4-59  require vehicle emissions inspections for high-emitting vehicles in
   4-60  any county subject to a vehicle emissions inspection and
   4-61  maintenance program under this section or Section 382.0371.  The
   4-62  commission shall ensure that a number of vehicles equal to 20
   4-63  percent of the vehicles registered in a county in which the remote
   4-64  sensing technology is used are exposed to that technology.
   4-65        SECTION 4.  Section 134, Uniform Act Regulating Traffic on
   4-66  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   4-67  by adding Subsections (e) and (f) to read as follows:
   4-68        (e)  A person commits an offense if the person:
   4-69              (1)  operates a motor vehicle on a public highway; and
   4-70              (2)  the vehicle emits smoke, fumes, or other visible
    5-1  exhaust emissions for more than 10 consecutive seconds.
    5-2        (f)(1)  The court shall advise a person charged with an
    5-3  offense under Subsection (e) of this section of the person's right
    5-4  to present written evidence to the court that subsequent to the
    5-5  date of the offense the vehicle being operated by the defendant at
    5-6  the time of the offense has:
    5-7                    (A)  been inspected at a centralized test-only
    5-8  vehicle emissions inspection facility certified by the Texas
    5-9  Natural Resource Conservation Commission and successfully completed
   5-10  a vehicle emissions test conducted by the facility; or
   5-11                    (B)  if there is no certified centralized
   5-12  test-only vehicle emissions inspection facility in the county in
   5-13  which the person resides, had appropriate repairs, corrections, or
   5-14  adjustments made to the vehicle to remedy the defect.
   5-15              (2)  The court shall defer proceedings and allow the
   5-16  person 14 days to present the evidence to the court if:
   5-17                    (A)  the person enters a plea in person or in
   5-18  writing of no contest or guilty and presents to the court an oral
   5-19  or written request, in person or by mail postmarked on or before
   5-20  the answer date on the notice to appear, to have the vehicle's
   5-21  emissions tested at the appropriate facility or to have the vehicle
   5-22  repaired, corrected, or adjusted;
   5-23                    (B)  the court enters judgment on the person's
   5-24  plea of guilty or no contest when the plea is made but defers
   5-25  imposition of the judgment for 14 days; and
   5-26                    (C)  the person has a Texas driver's license or
   5-27  permit.
   5-28              (3)  If a person requesting a vehicle emissions test or
   5-29  to have the vehicle repaired does not furnish evidence of the
   5-30  successful completion of the emissions test or that necessary
   5-31  repairs, corrections, or adjustments to the vehicle have been made,
   5-32  the court shall:
   5-33                    (A)  notify the person in writing, mailed to the
   5-34  address appearing on the notice to appear, of that failure; and
   5-35                    (B)  require the person to appear at the time and
   5-36  place stated in the notice to show cause why the evidence was not
   5-37  timely submitted to the court.
   5-38              (4)  A person who does not appear at the time and place
   5-39  stated in the notice commits an offense.
   5-40              (5)  When a person presents evidence satisfactory to
   5-41  the court that the vehicle has successfully passed the appropriate
   5-42  vehicle emissions test or that necessary repairs, adjustments, and
   5-43  corrections to the vehicle have been made, the court shall remove
   5-44  the judgment and dismiss the charge.
   5-45              (6)  The Texas Natural Resource Conservation Commission
   5-46  shall adopt rules and necessary forms to implement and administer
   5-47  this subsection.
   5-48        SECTION 5.  Section 141, Uniform Act Regulating Traffic on
   5-49  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   5-50  by amending Subsection (a-1) and by adding Subsection (a-2) to read
   5-51  as follows:
   5-52        (a-1)  The Texas Natural Resource Conservation Commission may
   5-53  authorize and license inspection stations as necessary to conduct
   5-54  the emissions-related inspection <reinspection> requirements of the
   5-55  vehicle emissions inspection and maintenance program under Sections
   5-56  142(d) and (d-1) of this Act and Section 382.0371, Health and
   5-57  Safety Code.  At the request of the Texas Natural Resource
   5-58  Conservation Commission, the Department shall provide inspection
   5-59  certificates for distribution and issuance at centralized or
   5-60  decentralized inspection <reinspection> stations licensed by the
   5-61  Texas Natural Resource Conservation Commission.  The centralized or
   5-62  decentralized inspection stations <Texas Natural Resource
   5-63  Conservation Commission> shall pay to the Department an amount
   5-64  equal to the cost of producing the certificates.  The Texas Natural
   5-65  Resource Conservation Commission shall establish a uniform
   5-66  inspection <a reinspection> fee of $12 for any centralized or
   5-67  decentralized inspection station authorized and licensed by the
   5-68  Texas Natural Resource Conservation Commission in any affected area
   5-69  and shall implement procedures governing tracking of certificates
   5-70  and refunding the cost of unused certificates issued to inspection
    6-1  <reinspection> facilities.
    6-2        (a-2)  The Department may issue a certificate of appointment
    6-3  under this section authorizing the performance of compulsory
    6-4  inspections required under this section and Section 140 of this Act
    6-5  to a centralized or decentralized facility authorized and licensed
    6-6  by the Texas Natural Resource Conservation Commission to perform
    6-7  vehicle emissions inspection if the facility meets the Department's
    6-8  requirements and the requirements of this section for
    6-9  certification.  The Department may not issue a certificate of
   6-10  appointment under this section to an on-site fleet maintenance
   6-11  facility described in Section 382.0371, Health and Safety Code, or
   6-12  an entity providing fleet inspections as provided by Section
   6-13  382.038(g), Health and Safety Code.
   6-14        SECTION 6.  Section 142, Uniform Act Regulating Traffic on
   6-15  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   6-16  by amending Subsections (d) and (d-1), by adding Subsection (e-1),
   6-17  and by amending Subsections (f) and (h) to read as follows:
   6-18        (d)  The Public Safety Commission shall establish a motor
   6-19  vehicle emissions inspection and maintenance program for vehicles
   6-20  covered by the Texas air quality state implementation plan,
   6-21  authorized under Section 382.0371, Health and Safety Code, or
   6-22  otherwise specified by the Texas Natural Resource Conservation
   6-23  Commission at the direction of the governor or for enforcement by
   6-24  inspection against moving vehicles, <registered> in any county in
   6-25  this state for which the Texas Natural Resource Conservation
   6-26  Commission  has adopted a resolution requesting the department to
   6-27  institute such a program and which satisfies one of the following
   6-28  conditions:
   6-29              (1)  the county does not meet the national ambient air
   6-30  quality standards for ozone, carbon monoxide, or another
   6-31  vehicle-related pollutant; <or>
   6-32              (2)  the vehicle emissions inspection and maintenance
   6-33  program is required by any provision of federal law, including any
   6-34  provision of the Texas air quality state implementation plan; or
   6-35              (3)  the county is subject to Section 382.0371, Health
   6-36  and Safety Code.
   6-37        (d-1)  The Public Safety Commission may establish a motor
   6-38  vehicle emissions inspection and maintenance program for vehicles
   6-39  specified by the Texas Natural Resource Conservation Commission at
   6-40  the direction of the governor or for enforcement by inspection
   6-41  against moving vehicles <registered> in any county in this state
   6-42  for which the Texas Natural Resource Conservation Commission has
   6-43  adopted a resolution requesting the Department to institute such a
   6-44  program and for which the affected county and the most populous
   6-45  municipality in the county, according to the most recent federal
   6-46  decennial census, by resolution have formally requested a proactive
   6-47  air quality plan consisting of a vehicle emissions inspection and
   6-48  maintenance program.  A program initiated under this subsection may
   6-49  not include registration-based enforcement unless the Texas <State>
   6-50  Department of <Highways and Public> Transportation elects to
   6-51  include the program in its registration enforcement system.
   6-52        (e-1)  The Public Safety Commission shall develop and
   6-53  implement requirements necessary to ensure that a safety inspection
   6-54  certificate is not issued under Section 140 or 141 of this Act to a
   6-55  vehicle that is subject to a vehicle emissions inspection program
   6-56  established under Subsection (d) or (d-1) of this section unless
   6-57  the vehicle has passed a vehicle emissions inspection at a facility
   6-58  authorized and licensed by the Texas Natural Resource Conservation
   6-59  Commission.
   6-60        (f)  The department may issue a unique inspection certificate
   6-61  for those vehicles inspected pursuant to Subsection (d) or (d)(1)
   6-62  of this section.  The department shall authorize a vehicle
   6-63  emissions inspection facility authorized and licensed by the Texas
   6-64  Natural Resource Conservation Commission to issue this unique
   6-65  inspection certificate for a vehicle on appropriate proof that both
   6-66  emissions and safety inspection requirements have been met.
   6-67        (h)  The Public Safety Commission shall continue to
   6-68  administer the motor vehicle emissions inspection and maintenance
   6-69  program instituted under this Act until the date that a vehicle
   6-70  emissions inspection program administered by the Texas Natural
    7-1  Resource Conservation Commission is implemented in accordance with
    7-2  the federal Clean Air Act.  The executive director of the Texas
    7-3  Natural Resource Conservation Commission shall notify the Public
    7-4  Safety Commission of the date on which the vehicle emissions
    7-5  inspection program administered by the Texas Natural Resource
    7-6  Conservation Commission will become effective.  If for any reason
    7-7  the vehicle emissions inspection and maintenance program
    7-8  administered by the Texas Natural Resource Conservation Commission
    7-9  is suspended or discontinued, the Texas Natural Resource
   7-10  Conservation Commission at the direction of the governor under
   7-11  Section 382.037(a-1), Health and Safety Code, may reestablish a
   7-12  program in accordance with Subsection (d) or (d-1) of this section
   7-13  or otherwise as directed by the governor under Section
   7-14  382.037(a-1), Health and Safety Code.
   7-15        SECTION 7.  Subsection (a), Section 2, Chapter 88, General
   7-16  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
   7-17  (Article 6675a-2, Vernon's Texas Civil Statutes), is amended to
   7-18  read as follows:
   7-19        (a)  Except as provided by this subsection, every owner of a
   7-20  motor vehicle, trailer or semitrailer used or to be used upon the
   7-21  public highways of this State shall apply each year to the Texas
   7-22  Department of Transportation through the County Tax Collector of
   7-23  the county in which he resides for the registration of each such
   7-24  vehicle owned or controlled by him for the ensuing or current
   7-25  calendar year or unexpired portion thereof; provided, that where a
   7-26  public highway separates lands under the dominion or control of the
   7-27  owner, the operation of such a motor vehicle by such owner, his
   7-28  agent or employee, across such highway shall not constitute a use
   7-29  of such motor vehicle upon a public highway of this State.  An
   7-30  all-terrain vehicle, with or without design alterations, may not be
   7-31  registered for operation on public highways, except that the State,
   7-32  a county, or a municipality may register an all-terrain vehicle for
   7-33  operation on public beaches and highways to maintain public safety
   7-34  and welfare.  In lieu of highway motor vehicle registration, the
   7-35  owner of an all-terrain vehicle that is not authorized to operate
   7-36  on public beaches or highways and that is used or to be used on
   7-37  public property in this State shall apply each year to the Texas
   7-38  Department of Transportation through the County Tax Collector of
   7-39  the county in which he resides for off-highway registration of each
   7-40  vehicle owned or controlled by him for the ensuing or current
   7-41  calendar year or unexpired portion of the calendar year.  <The
   7-42  Texas Department of Transportation through the County Tax Collector
   7-43  shall require an applicant for registration of a vehicle in a
   7-44  county that is not covered by a vehicle emissions inspection
   7-45  program to provide evidence that the applicant is a resident of
   7-46  that county.  The Department by rule shall prescribe acceptable
   7-47  forms and types of evidence.  Acceptable forms and types of
   7-48  evidence may include voter registration information, driver's
   7-49  license information, utility billing information, property tax
   7-50  payment information, a school tuition receipt, or evidence of
   7-51  compliance with the Texas Motor Vehicle Safety-Responsibility Act
   7-52  (Article 6701h, Vernon's Texas Civil Statutes).  The County Tax
   7-53  Collector, a deputy County Tax Collector, or a person acting on
   7-54  behalf of the County Tax Collector is not liable to any person for
   7-55  refusing to register a motor vehicle because of the person's
   7-56  failure to submit evidence of residency that complies with rules of
   7-57  the Department or for registering a motor vehicle under this
   7-58  section.>
   7-59        SECTION 8.  Subdivision (2), Subsection (j), Section 2,
   7-60  Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called
   7-61  Session, 1929 (Article 6675a-2, Vernon's Texas Civil Statutes), is
   7-62  amended to read as follows:
   7-63              (2)  Each county tax collector covered by Subsection
   7-64  (i) of this section shall submit an annual report to the Texas
   7-65  Natural Resource Conservation Commission and the Texas Department
   7-66  of Transportation that shows:
   7-67                    (A)  <the number of registrations denied because
   7-68  of the applicant's failure to provide proof of residency in the
   7-69  county;>
   7-70                    <(B)>  the number of registrations denied because
    8-1  of the applicant's failure to provide an original emissions
    8-2  inspection certificate or a valid waiver; and
    8-3                    (B) <(C)>  an itemized accounting of the costs to
    8-4  the county of administering this subsection and Subsection
    8-5  <Subsections (a) and> (i) of this section.
    8-6        SECTION 9.  Effective May 2, 1995, the following are
    8-7  repealed:
    8-8              (1)  Section 2, S.B. No. 19, Acts of the 74th
    8-9  Legislature, Regular Session, 1995; and
   8-10              (2)  Subsection (a-2), Section 4.202, County Road and
   8-11  Bridge Act (Article 6702-1, Vernon's Texas Civil Statutes).
   8-12        SECTION 10.  An amount equal to the total amount of federal
   8-13  clean air compliance fees collected during the fiscal biennium
   8-14  ending August 31, 1997, under Subsection (o), Section 382.037,
   8-15  Health and Safety Code, as amended by this Act, is appropriated for
   8-16  the fiscal biennium ending August 31, 1997, to the Texas Natural
   8-17  Resource Conservation Commission for the purposes stated in Section
   8-18  382.0372, Health and Safety Code, as added by this Act.
   8-19        SECTION 11.  The Texas Natural Resource Conservation
   8-20  Commission shall work with the United States Environmental
   8-21  Protection Agency to develop reasonable alternatives to the vehicle
   8-22  emissions inspection and maintenance program that include fuel and
   8-23  oil additives, geothermal heat pumps for which a retail public
   8-24  utility provides water service, automobile muffler and radiator
   8-25  catalysts, and an automotive fuel purge and pressure test.  The
   8-26  commission may adopt an approved alternative technology of the sort
   8-27  listed without the direction of the governor under Subsection
   8-28  (a-1), Section 382.037, Health and Safety Code, as added by this
   8-29  Act.
   8-30        SECTION 12.  (a)  On May 2, 1995, the Texas Natural Resource
   8-31  Conservation Commission, the Texas Department of Transportation,
   8-32  and the Public Safety Commission may commence operation and
   8-33  implementation of the interim vehicle emissions inspection and
   8-34  maintenance program authorized under Section 382.037, Health and
   8-35  Safety Code, and in the form established by Section 382.0371,
   8-36  Health and Safety Code, as added by this Act.
   8-37        (b)  Immediately after the effective date of this Act, the
   8-38  Texas Natural Resource Conservation Commission shall adopt
   8-39  emergency rules to implement the interim vehicle emissions
   8-40  inspection and maintenance program in the form established by
   8-41  Subsection (a-1), Section 382.037, and Section 382.0371, Health and
   8-42  Safety Code, as added by this Act.  The commission shall adopt
   8-43  final rules as soon as practicable after the adoption of emergency
   8-44  rules.
   8-45        SECTION 13.  The importance of this legislation and the
   8-46  crowded condition of the calendars in both houses create an
   8-47  emergency and an imperative public necessity that the
   8-48  constitutional rule requiring bills to be read on three several
   8-49  days in each house be suspended, and this rule is hereby suspended,
   8-50  and that this Act take effect and be in force from and after its
   8-51  passage, and it is so enacted.
   8-52                               * * * * *