75R10810 JJT-D
By Hamric H.B. No. 3071
Substitute the following for H.B. No. 3071:
By Allen C.S.H.B. No. 3071
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the state's motor vehicle emissions inspection and
1-3 maintenance program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 382, Health and Safety
1-6 Code, is amended by adding Sections 382.0372-382.0376 to read as
1-7 follows:
1-8 Sec. 382.0372. VEHICLES SUBJECT TO PROGRAM; EXEMPTIONS. (a)
1-9 The inspection and maintenance program applies to any
1-10 gasoline-powered vehicle that is:
1-11 (1) required to be registered in and is primarily
1-12 operated in Dallas, Tarrant, El Paso, or Harris County; and
1-13 (2) at least two and less than 25 years old.
1-14 (b) In addition to a vehicle described by Subsection (a),
1-15 the program applies to:
1-16 (1) a vehicle with United States governmental plates
1-17 primarily operated in Dallas, Tarrant, El Paso, or Harris County;
1-18 (2) a vehicle operated on a federal facility in
1-19 Dallas, Tarrant, El Paso, or Harris County; and
1-20 (3) a vehicle exempt from motor vehicle registration
1-21 requirements or eligible under Chapter 502, Transportation Code, to
1-22 display an "exempt" license plate.
1-23 (c) The Department of Public Safety of the State of Texas
1-24 may waive program requirements, in accordance with standards
2-1 adopted by the commission, for certain vehicles and vehicle owners,
2-2 including:
2-3 (1) the registered owner of a vehicle who:
2-4 (A) cannot afford to comply with the program,
2-5 based on reasonable income standards; or
2-6 (B) has spent a reasonable amount of money, set
2-7 by the commission, to repair the vehicle, without bringing the
2-8 vehicle into compliance with emissions standards; and
2-9 (2) a vehicle that cannot be brought into compliance
2-10 with emissions standards by performing repairs.
2-11 (d) The program does not apply to a:
2-12 (1) motorcycle; or
2-13 (2) slow-moving vehicle as defined by Section 547.001,
2-14 Transportation Code.
2-15 Sec. 382.0373. REMOTE SENSING PROGRAM COMPONENT. (a) The
2-16 commission and the Department of Public Safety of the State of
2-17 Texas jointly shall develop a program component for enforcing
2-18 emissions standards by use of remote or automatic emissions
2-19 detection and analysis equipment.
2-20 (b) The program component may be employed in any county
2-21 designated as a nonattainment area within the meaning of Section
2-22 107(d) of the Clean Air Act (42 U.S.C. Section 7407).
2-23 Sec. 382.0374. CHOICE OF TESTING. In obtaining an emissions
2-24 test under this subchapter at a licensed or certified emissions
2-25 testing facility, the owner of a vehicle may choose to have the
2-26 vehicle tested, subject to availability of the testing procedures,
2-27 by a:
3-1 (1) two-speed idle test; or
3-2 (2) loaded/transient mode test.
3-3 Sec. 382.0375. INSPECTION EQUIPMENT AND PROCEDURES.
3-4 (a) The commission by rule may adopt:
3-5 (1) standards and specifications for motor vehicle
3-6 emissions testing equipment;
3-7 (2) recordkeeping and reporting procedures; and
3-8 (3) measurable emissions standards a vehicle must meet
3-9 to pass the inspection.
3-10 (b) The Department of Public Safety of the State of Texas by
3-11 rule shall adopt:
3-12 (1) testing procedures in accordance with motor
3-13 vehicle emissions testing equipment specifications; and
3-14 (2) procedures for issuing or denying an emissions
3-15 inspection certificate.
3-16 Sec. 382.0376. COLLECTION OF DATA; REPORT. (a) The
3-17 commission and the Department of Public Safety of the State of
3-18 Texas shall collect inspection and maintenance information derived
3-19 from the emissions inspection and maintenance program, including:
3-20 (1) inspection results;
3-21 (2) inspection station information;
3-22 (3) information regarding vehicles operated on federal
3-23 facilities;
3-24 (4) vehicle registration information; and
3-25 (5) other data the United States Environmental
3-26 Protection Agency requires.
3-27 (b) The commission shall:
4-1 (1) report the information to the United States
4-2 Environmental Protection Agency; and
4-3 (2) compare the information on inspection results with
4-4 registration information for enforcement purposes.
4-5 SECTION 2. This Act takes effect September 1, 1997.
4-6 SECTION 3. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.