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 * * * * *