1-1 By: Wentworth S.B. No. 1439 1-2 (In the Senate - Filed March 13, 1997; March 19, 1997, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 18, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 9, Nays 0; April 18, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1439 By: Wentworth 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the state's motor vehicle emissions inspection and 1-11 maintenance program. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter B, Chapter 382, Health and Safety 1-14 Code, is amended by adding Sections 382.0372 through 382.0376 to 1-15 read as follows: 1-16 Sec. 382.0372. VEHICLES SUBJECT TO PROGRAM; EXEMPTIONS. 1-17 (a) The inspection and maintenance program applies to any 1-18 gasoline-powered vehicle that is: 1-19 (1) required to be registered in and is primarily 1-20 operated in Dallas, Tarrant, El Paso, or Harris County; and 1-21 (2) at least two and less than 25 years old. 1-22 (b) In addition to a vehicle described by Subsection (a), 1-23 the program applies to: 1-24 (1) a vehicle with United States governmental plates 1-25 primarily operated in Dallas, Tarrant, El Paso, or Harris County; 1-26 (2) a vehicle operated on a federal facility in 1-27 Dallas, Tarrant, El Paso, or Harris County; and 1-28 (3) a vehicle exempt from motor vehicle registration 1-29 requirements or eligible under Chapter 502, Transportation Code, to 1-30 display an "exempt" license plate. 1-31 (c) The Department of Public Safety of the State of Texas 1-32 may waive program requirements, in accordance with standards 1-33 adopted by the commission, for certain vehicles and vehicle owners, 1-34 including: 1-35 (1) the registered owner of a vehicle who: 1-36 (A) cannot afford to comply with the program, 1-37 based on reasonable income standards; or 1-38 (B) has spent a reasonable amount of money, set 1-39 by the commission, to repair the vehicle, without bringing the 1-40 vehicle into compliance with emissions standards; and 1-41 (2) a vehicle that cannot be brought into compliance 1-42 with emissions standards by performing repairs. 1-43 (d) The program does not apply to a: 1-44 (1) motorcycle; or 1-45 (2) slow-moving vehicle as defined by Section 547.001, 1-46 Transportation Code. 1-47 Sec. 382.0373. REMOTE SENSING PROGRAM COMPONENT. (a) The 1-48 commission and the Department of Public Safety of the State of 1-49 Texas jointly shall develop a program component for enforcing 1-50 emissions standards by use of remote or automatic emissions 1-51 detection and analysis equipment. 1-52 (b) The program component may be employed in any county 1-53 designated as a nonattainment area within the meaning of Section 1-54 107(d) of the Clean Air Act (42 U.S.C. Section 7407). 1-55 Sec. 382.0374. CHOICE OF TESTING. In obtaining an emissions 1-56 test under this subchapter at a licensed or certified emissions 1-57 testing facility, the owner of a vehicle may choose to have the 1-58 vehicle tested, subject to availability of the testing procedures, 1-59 by a: 1-60 (1) two-speed idle test; or 1-61 (2) loaded/transient mode test. 1-62 Sec. 382.0375. INSPECTION EQUIPMENT AND PROCEDURES. 1-63 (a) The commission by rule may adopt: 1-64 (1) standards and specifications for motor vehicle 2-1 emissions testing equipment; 2-2 (2) recordkeeping and reporting procedures; and 2-3 (3) measurable emissions standards a vehicle must meet 2-4 to pass the inspection. 2-5 (b) The Department of Public Safety of the State of Texas by 2-6 rule shall adopt: 2-7 (1) testing procedures in accordance with motor 2-8 vehicle emissions testing equipment specifications; and 2-9 (2) procedures for issuing or denying an emissions 2-10 inspection certificate. 2-11 Sec. 382.0376. COLLECTION OF DATA; REPORT. (a) The 2-12 commission and the Department of Public Safety of the State of 2-13 Texas shall collect inspection and maintenance information derived 2-14 from the emissions inspection and maintenance program, including: 2-15 (1) inspection results; 2-16 (2) inspection station information; 2-17 (3) information regarding vehicles operated on federal 2-18 facilities; 2-19 (4) vehicle registration information; and 2-20 (5) other data the United States Environmental 2-21 Protection Agency requires. 2-22 (b) The commission shall: 2-23 (1) report the information to the United States 2-24 Environmental Protection Agency; and 2-25 (2) compare the information on inspection results with 2-26 registration information for enforcement purposes. 2-27 SECTION 2. This Act takes effect September 1, 1997. 2-28 SECTION 3. The importance of this legislation and the 2-29 crowded condition of the calendars in both houses create an 2-30 emergency and an imperative public necessity that the 2-31 constitutional rule requiring bills to be read on three several 2-32 days in each house be suspended, and this rule is hereby suspended. 2-33 * * * * *