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                                  * * * * *