By: Wentworth S.B. No. 1439
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the state's motor vehicle emissions inspection and
1-2 maintenance program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 382, Health and Safety
1-5 Code, is amended by adding Sections 382.0372 through 382.0376 to
1-6 read as follows:
1-7 Sec. 382.0372. VEHICLES SUBJECT TO PROGRAM; EXEMPTIONS.
1-8 (a) The inspection and maintenance program applies to any
1-9 gasoline-powered vehicle that is:
1-10 (1) required to be registered in and is primarily
1-11 operated in Dallas, Tarrant, El Paso, or Harris County; and
1-12 (2) at least two and less than 25 years old.
1-13 (b) In addition to a vehicle described by Subsection (a),
1-14 the program applies to:
1-15 (1) a vehicle with United States governmental plates
1-16 primarily operated in Dallas, Tarrant, El Paso, or Harris County;
1-17 (2) a vehicle operated on a federal facility in
1-18 Dallas, Tarrant, El Paso, or Harris County; and
1-19 (3) a vehicle exempt from motor vehicle registration
1-20 requirements or eligible under Chapter 502, Transportation Code, to
1-21 display an "exempt" license plate.
1-22 (c) The Department of Public Safety of the State of Texas
1-23 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
3-1 vehicle tested, subject to availability of the testing procedures,
3-2 by a:
3-3 (1) two-speed idle test; or
3-4 (2) loaded/transient mode test.
3-5 Sec. 382.0375. INSPECTION EQUIPMENT AND PROCEDURES.
3-6 (a) The commission by rule may adopt:
3-7 (1) standards and specifications for motor vehicle
3-8 emissions testing equipment;
3-9 (2) recordkeeping and reporting procedures; and
3-10 (3) measurable emissions standards a vehicle must meet
3-11 to pass the inspection.
3-12 (b) The Department of Public Safety of the State of Texas by
3-13 rule shall adopt:
3-14 (1) testing procedures in accordance with motor
3-15 vehicle emissions testing equipment specifications; and
3-16 (2) procedures for issuing or denying an emissions
3-17 inspection certificate.
3-18 Sec. 382.0376. COLLECTION OF DATA; REPORT. (a) The
3-19 commission and the Department of Public Safety of the State of
3-20 Texas shall collect inspection and maintenance information derived
3-21 from the emissions inspection and maintenance program, including:
3-22 (1) inspection results;
3-23 (2) inspection station information;
3-24 (3) information regarding vehicles operated on federal
3-25 facilities;
4-1 (4) vehicle registration information; and
4-2 (5) other data the United States Environmental
4-3 Protection Agency requires.
4-4 (b) The commission shall:
4-5 (1) report the information to the United States
4-6 Environmental Protection Agency; and
4-7 (2) compare the information on inspection results with
4-8 registration information for enforcement purposes.
4-9 SECTION 2. This Act takes effect September 1, 1997.
4-10 SECTION 3. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.