SRC-JRN S.B. 1439 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1439
By: Wentworth
Natural Resources
4-7-97
As Filed


DIGEST 

Currently, the Texas Natural Resource Conservation Commission and the
Department of Public Safety are responsible for developing and
implementing the Texas Motorist's Choice Program, as directed by the
governor in Executive Order No. GWB 96-1.  This program requires certain
vehicles to be subject to certain inspection and maintenance program
requirements.  This bill codifies the executive order of the governor, and
subsequent negotiations with the Environmental Protection Agency,
regarding the establishment of a revised emissions testing program. 

PURPOSE

As proposed, S.B. 1439 codifies Executive Order No. GWB 96-1 of the
governor, and subsequent negotiations with the Environmental Protection
Agency, regarding the establishment of a revised emissions testing
program. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTION 1 (Sections 382.0372 and 382.0375(a) and (b), Health
and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 382B, Health and Safety Code, by adding Sections
382.0372382.0377, as follows: 

Sec. 382.0372.  VEHICLES SUBJECT TO PROGRAM; EXEMPTIONS.  Provides that
the inspection and maintenance program applies to any gasoline-fueled
light-duty or heavy-duty truck, between two and 24 years old, that is
required to be registered or is primarily operated in certain counties or
on a federal facility in certain counties.  Provides that the program
applies to vehicles exempt from motor vehicle registration requirements or
vehicles eligible under Chapter 502, Transportation Code, to display an
"exempt" license plate.  Authorizes the Texas Natural Resource
Conservation Commission (TNRCC) to exempt, by rule, certain vehicles and
owners from program requirements, in accordance with standards adopted by
TNRCC. 

Sec. 382.0373.  REMOTE SENSING PROGRAM.  Requires TNRCC and the Texas
Department of Public Safety (DPS) to jointly develop a program for
enforcing emissions standards by use of remote or automatic emissions
detection and analysis equipment. Authorizes the program to include
notification of a violation mailed by TNRCC or DPS to the registered owner
of a vehicle if a remote sensing device detects and records that the
vehicle emitted, in an area to which an emissions standard applies,
pollutants in excess of standards adopted by TNRCC.  Authorizes the
program to require the registered owner of a vehicle who is issued notice
of violation under Subsection (b) to obtain a verification emissions test
at a certified or licensed motor vehicle emissions inspection station and
to perform any repairs required to allow the vehicle to pass a
verification test.  Provides that a person commits a Class C misdemeanor
offense if the person does not comply with a testing or repair requirement
adopted under this section.   Authorizes a person who operates a motor
vehicle to be fined $25 after the registered owner of the vehicle has been
issued a notice of violation under this section.  Authorizes a peace
officer to issue a citation for the violation  in the same manner as a
citation for a violation of a traffic law. 

Sec. 382.0374.  CHOICE OF TESTING.  Authorizes the owner of a vehicle, in
obtaining an emissions test under this subchapter at a licensed or
certified emissions testing facility, to choose to have the vehicle
tested, subject to availability of the testing procedures, by a twospeed
idle test or a loaded/transient mode test. 

Sec. 382.0375.  INSPECTION EQUIPMENT AND PROCEDURES; FEE.  Requires TNRCC,
by rule, to adopt certain measures in regulating inspection stations under
the emissions inspection and maintenance program.  Requires TNRCC, by
rule, to establish an emissions inspection fee in an amount sufficient to
recover the state's costs of overseeing the emissions inspection and
maintenance program. 

Sec. 382.0376.  COLLECTION OF DATA; REPORT.  Requires TNRCC to collect
certain inspection and maintenance information derived from the emissions
inspection and maintenance program.  Requires TNRCC to report the
information to the United States Environmental Protection Agency, and to
compare the information on inspection results with registration
information for enforcement purposes. 

Sec. 382.0377.  PUBLIC INFORMATION CAMPAIGN.  Requires TNRCC and DPS to
develop, implement, and oversee a public information campaign that
includes information regarding the emissions inspection and maintenance
program's remote sensing component and the requirement that a vehicle be
tested within 60 days of resale. 

SECTION 2. Amends Chapter 502A, Transportation Code, by adding Section
502.009, as follows: 

Sec. 502.009.  INSPECTION AND MAINTENANCE REQUIRED FOR REGISTRATION.
Prohibits the Texas Department of Transportation (department) or a county
tax assessorcollector from registering a motor vehicle if the department
receives notification from TNRCC that the vehicle is not in compliance
with the emissions inspection and maintenance program or the rules of
TNRCC adopted under the program.  Prohibits the department or a county tax
assessor-collector from registering a vehicle to a new owner if certain
conditions apply.  Authorizes the department to exempt from the
requirements of Subsection (b) certain vehicles.  Provides that the
department or a county employee or official is not liable to any person
for denying registration as provided by this section. 

SECTION 3.  Requires TNRCC to adopt a resolution, as provided by Section
382.037, Health and Safety Code, that requires DPS to implement a system
that requires a vehicle to be inspected as a condition of obtaining a
safety inspection certificate issued under Chapter 548, Transportation
Code, as soon after the effective date of this Act as practicable. 

SECTION 4. Requires TNRCC and DPS to enter into an agreement to establish
certain components of the motor vehicle emissions inspection and
maintenance program. 

SECTION 5.  Effective date: September 1, 1997.

SECTION 6. Emergency clause.