AN ACT
1-1 relating to the inspection and maintenance of certain motor
1-2 vehicles for air pollution control; providing criminal penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (d), Section 382.037, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (d) On adoption of a resolution by the commission and after
1-7 proper notice, the Department of Public Safety of the State of
1-8 Texas shall implement a system that requires, as a condition of
1-9 obtaining a safety inspection certificate issued under Chapter 548,
1-10 Transportation Code [Section 140 or 141, Uniform Act Regulating
1-11 Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-12 Statutes)], in a county that is included in a vehicle emissions
1-13 inspection and maintenance program under Subchapter F of that
1-14 chapter [Section 142, Uniform Act Regulating Traffic on Highways
1-15 (Article 6701d, Vernon's Texas Civil Statutes)], that the vehicle,
1-16 unless the vehicle is not covered by the system, be annually or
1-17 biennially inspected under the vehicle emissions inspection and
1-18 maintenance program as required by the state's [Texas] air quality
1-19 state implementation plan [or Section 382.0371]. The Department of
1-20 Public Safety shall implement such a system when it is required by
1-21 any provision of federal or state law, including any provision of
1-22 the state's [Texas] air quality state implementation plan. [The
1-23 Department of Public Safety may not require or accept verification
2-1 of compliance other than a vehicle inspection certificate.]
2-2 SECTION 2. Subchapter B, Chapter 382, Health and Safety
2-3 Code, is amended by adding Sections 382.0372 through 382.0375 to
2-4 read as follows:
2-5 Sec. 382.0372. VEHICLES SUBJECT TO PROGRAM; EXEMPTIONS.
2-6 (a) The inspection and maintenance program applies to any
2-7 gasoline-powered vehicle that is:
2-8 (1) required to be registered in and is primarily
2-9 operated in Dallas, Tarrant, El Paso, or Harris County; and
2-10 (2) at least two and less than 25 years old.
2-11 (b) In addition to a vehicle described by Subsection (a),
2-12 the program applies to:
2-13 (1) a vehicle with United States governmental plates
2-14 primarily operated in Dallas, Tarrant, El Paso, or Harris County;
2-15 (2) a vehicle operated on a federal facility in
2-16 Dallas, Tarrant, El Paso, or Harris County; and
2-17 (3) a vehicle primarily operated in Dallas, Tarrant,
2-18 El Paso, or Harris County that is exempt from motor vehicle
2-19 registration requirements or eligible under Chapter 502,
2-20 Transportation Code, to display an "exempt" license plate.
2-21 (c) The Department of Public Safety of the State of Texas
2-22 may waive program requirements, in accordance with standards
2-23 adopted by the commission, for certain vehicles and vehicle owners,
2-24 including:
2-25 (1) the registered owner of a vehicle who:
3-1 (A) cannot afford to comply with the program,
3-2 based on reasonable income standards; or
3-3 (B) has spent a reasonable amount of money, set
3-4 by the commission, to repair the vehicle, without bringing the
3-5 vehicle into compliance with emissions standards; and
3-6 (2) a vehicle that cannot be brought into compliance
3-7 with emissions standards by performing repairs.
3-8 (d) The program does not apply to a:
3-9 (1) motorcycle;
3-10 (2) slow-moving vehicle as defined by Section 547.001,
3-11 Transportation Code; or
3-12 (3) circus vehicle.
3-13 Sec. 382.0373. REMOTE SENSING PROGRAM COMPONENT. (a) The
3-14 commission and the Department of Public Safety of the State of
3-15 Texas jointly shall develop a program component for enforcing
3-16 emissions standards by use of remote or automatic emissions
3-17 detection and analysis equipment.
3-18 (b) The program component may be employed in any county
3-19 designated as a nonattainment area within the meaning of Section
3-20 107(d) of the Clean Air Act (42 U.S.C. Section 7407).
3-21 Sec. 382.0374. INSPECTION EQUIPMENT AND PROCEDURES.
3-22 (a) The commission by rule may adopt:
3-23 (1) standards and specifications for motor vehicle
3-24 emissions testing equipment;
3-25 (2) recordkeeping and reporting procedures; and
4-1 (3) measurable emissions standards a vehicle must meet
4-2 to pass the inspection.
4-3 (b) The Department of Public Safety of the State of Texas by
4-4 rule shall adopt:
4-5 (1) testing procedures in accordance with motor
4-6 vehicle emissions testing equipment specifications; and
4-7 (2) procedures for issuing or denying an emissions
4-8 inspection certificate.
4-9 Sec. 382.0375. COLLECTION OF DATA; REPORT. (a) The
4-10 commission and the Department of Public Safety of the State of
4-11 Texas may collect inspection and maintenance information derived
4-12 from the emissions inspection and maintenance program, including:
4-13 (1) inspection results;
4-14 (2) inspection station information;
4-15 (3) information regarding vehicles operated on federal
4-16 facilities;
4-17 (4) vehicle registration information; and
4-18 (5) other data the United States Environmental
4-19 Protection Agency requires.
4-20 (b) The commission shall:
4-21 (1) report the information to the United States
4-22 Environmental Protection Agency; and
4-23 (2) compare the information on inspection results with
4-24 registration information for enforcement purposes.
4-25 SECTION 3. Subchapter A, Chapter 502, Transportation Code,
5-1 is amended by adding Section 502.009 to read as follows:
5-2 Sec. 502.009. MOTOR VEHICLE EMISSIONS INSPECTION AND
5-3 MAINTENANCE REQUIREMENTS. (a) The Department of Public Safety
5-4 shall ensure compliance with the motor vehicle emissions inspection
5-5 and maintenance program through a vehicle inspection sticker-based
5-6 enforcement system except as provided by this section. Subsections
5-7 (b)-(e) apply only if the United States Environmental Protection
5-8 Agency determines that the state has not demonstrated, as required
5-9 by 40 C.F.R. Section 51.361, that sticker-based enforcement of the
5-10 program is more effective than registration-based enforcement and
5-11 gives the Texas Natural Resource Conservation Commission or the
5-12 governor written notification that the reregistration-based
5-13 enforcement of the program, as described by those subsections, will
5-14 be required. If Subsections (b)-(e) are made applicable as
5-15 provided by this subsection, the department shall terminate
5-16 reregistration-based enforcement of the program under those
5-17 subsections on the date the United States Environmental Protection
5-18 Agency gives the Texas Natural Resource Conservation Commission or
5-19 a person the commission designates written notification that
5-20 reregistration-based enforcement is not required for the state
5-21 implementation plan.
5-22 (b) The department may not register a motor vehicle if the
5-23 department receives from the Texas Natural Resource Conservation
5-24 Commission or the Department of Public Safety notification that the
5-25 registered owner of the vehicle has not complied with Subchapter F,
6-1 Chapter 548.
6-2 (c) The county tax assessor-collector may not register a
6-3 vehicle denied registration under Subsection (b) unless the tax
6-4 assessor-collector has verification that the registered vehicle
6-5 owner is in compliance with Subchapter F, Chapter 548.
6-6 (d) The department, the Texas Natural Resource Conservation
6-7 Commission, and the Department of Public Safety shall enter an
6-8 agreement regarding the responsibilities for costs associated with
6-9 implementing this section.
6-10 (e) A county tax assessor-collector is not liable to any
6-11 person for refusing to register a motor vehicle because of the
6-12 person's failure to provide verification of the person's compliance
6-13 with Subchapter F, Chapter 548.
6-14 SECTION 4. Section 548.001, Transportation Code, is amended
6-15 to read as follows:
6-16 Sec. 548.001. DEFINITIONS. In this chapter:
6-17 (1) "Commercial motor vehicle" means a self-propelled
6-18 or towed vehicle, other than a farm vehicle with a gross weight,
6-19 registered weight, or gross weight rating of less than 48,000
6-20 pounds, that is used on a public highway to transport passengers or
6-21 cargo if:
6-22 (A) the vehicle or combination of vehicles has a
6-23 gross weight, registered weight, or gross weight rating of more
6-24 than 26,000 pounds;
6-25 (B) the vehicle is designed to transport more
7-1 than 15 passengers, including the driver; or
7-2 (C) the vehicle is used to transport hazardous
7-3 materials in a quantity requiring placarding by a regulation issued
7-4 under the Hazardous Materials Transportation Act (49 U.S.C. Section
7-5 1801 et seq.).
7-6 (2) "Commission" means the Public Safety Commission.
7-7 (3) "Conservation commission" means the Texas Natural
7-8 Resource Conservation Commission.
7-9 (4) "Department" means the Department of Public
7-10 Safety.
7-11 (5) "Farm vehicle" has the meaning assigned by the
7-12 federal motor carrier safety regulations.
7-13 (6) [(5)] "Federal motor carrier safety regulation"
7-14 has the meaning assigned by Section 549.001.
7-15 (7) [(6)] "Inspection station" means a facility
7-16 certified to conduct inspections of vehicles under this chapter.
7-17 (8) [(7)] "Inspector" means an individual certified to
7-18 conduct inspections of vehicles under this chapter.
7-19 (9) "Nonattainment area" means an area so designated
7-20 within the meaning of Section 107(d) of the Clean Air Act (42
7-21 U.S.C. Section 7407).
7-22 SECTION 5. Section 548.251, Transportation Code, is amended
7-23 to read as follows:
7-24 Sec. 548.251. DEPARTMENT TO PROVIDE INSPECTION CERTIFICATES
7-25 AND VERIFICATION FORMS. The department shall provide serially
8-1 numbered inspection certificates and verification forms to
8-2 inspection stations. The department may issue a unique inspection
8-3 certificate for:
8-4 (1) a commercial motor vehicle inspected under Section
8-5 548.201; or
8-6 (2) a vehicle inspected under Subchapter F [Section
8-7 548.301(a)].
8-8 SECTION 6. Section 548.301, Transportation Code, is amended
8-9 to read as follows:
8-10 Sec. 548.301. COMMISSION TO ESTABLISH PROGRAM. (a) The
8-11 commission shall establish a motor vehicle emissions inspection and
8-12 maintenance program for vehicles as [registered in a county for
8-13 which the conservation commission has adopted a resolution
8-14 requesting the department to establish such a program if:]
8-15 [(1) the county does not meet the national ambient air
8-16 quality standards for ozone, carbon monoxide, or another
8-17 vehicle-related pollutant; or]
8-18 [(2) the program is] required [in the county] by any
8-19 law of the United States or[, including] the state's [Texas] air
8-20 quality state implementation plan.
8-21 (b) The commission by rule may establish a motor vehicle
8-22 emissions inspection and maintenance program for vehicles specified
8-23 by the conservation commission [registered] in a county for which
8-24 the conservation commission has adopted a resolution requesting the
8-25 commission [department] to establish such a program and for which
9-1 the county and the municipality with the largest population in the
9-2 county by resolution have formally requested a proactive air
9-3 quality plan consisting of such a program.
9-4 (c) A program established under Subsection (b) may not
9-5 include reregistration-based [registration-based] enforcement
9-6 unless the county by resolution requests reregistration-based
9-7 enforcement [Texas Department of Transportation includes the
9-8 program in its registration enforcement system].
9-9 (d) A vehicle emissions inspection under this section may be
9-10 performed by the same facility that performs a safety inspection if
9-11 the facility is authorized and certified by the department to
9-12 perform the vehicle emissions inspection and certified by the
9-13 department to perform the safety inspection.
9-14 SECTION 7. Section 548.302, Transportation Code, is amended
9-15 to read as follows:
9-16 Sec. 548.302. COMMISSION TO ADOPT STANDARDS. The commission
9-17 shall:
9-18 (1) adopt standards for emissions-related inspection
9-19 criteria consistent with requirements of the United States and the
9-20 conservation commission applicable to a county in which a program
9-21 is established under this subchapter; and
9-22 (2) develop and impose requirements necessary to
9-23 ensure that an inspection certificate is not issued to a vehicle
9-24 subject to a program established under this subchapter unless the
9-25 vehicle has passed a motor vehicle emissions inspection at a
10-1 facility authorized and certified by the department [Section
10-2 548.301].
10-3 SECTION 8. Section 548.303, Transportation Code, is amended
10-4 to read as follows:
10-5 Sec. 548.303. PROGRAM ADMINISTRATION. [(a)] The commission
10-6 shall administer the motor vehicle emissions inspection and
10-7 maintenance program under this subchapter [until the date a vehicle
10-8 emissions inspection program administered by the conservation
10-9 commission is implemented under the Clean Air Act].
10-10 [(b) The executive director of the conservation commission
10-11 shall notify the commission of the date the conservation
10-12 commission's program will become effective.]
10-13 SECTION 9. Section 548.304, Transportation Code, is amended
10-14 to read as follows:
10-15 Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS
10-16 INSPECTIONS [REINSPECTIONS]. (a) The department [conservation
10-17 commission] may authorize and certify [license] inspection stations
10-18 as necessary to implement the emissions-related inspection
10-19 [reinspection] requirements of the motor vehicle emissions
10-20 inspection and maintenance program established under this
10-21 subchapter if the station meets the department's certification
10-22 requirements [Section 548.301].
10-23 (b) The [At the request of the conservation commission, the]
10-24 department shall provide inspection certificates for distribution
10-25 and issuance at inspection [centralized reinspection] stations
11-1 certified [licensed] by the department [conservation commission].
11-2 [(c) Notwithstanding Section 548.053(a), if an
11-3 emissions-related inspection under Section 548.301 discloses the
11-4 necessity for adjustment, correction, or repair, the conservation
11-5 commission may by rule require that the vehicle be reinspected at a
11-6 specified inspection station authorized and licensed by the
11-7 conservation commission to ensure that the emissions-related
11-8 adjustment, correction, or repair is made.]
11-9 SECTION 10. Subchapter F, Chapter 548, Transportation Code,
11-10 is amended by adding Section 548.306 to read as follows:
11-11 Sec. 548.306. EXCESSIVE MOTOR VEHICLE EMISSIONS. (a) This
11-12 section applies to a motor vehicle registered in:
11-13 (1) a county or a portion of a county designated by
11-14 department rule in accordance with standards provided by the United
11-15 States Environmental Protection Agency; or
11-16 (2) one of the following areas:
11-17 (A) the part of the Dallas/Fort Worth ozone
11-18 nonattainment area that consists of Collin, Dallas, Denton, and
11-19 Tarrant counties;
11-20 (B) the part of the El Paso ozone nonattainment
11-21 area that consists of El Paso County; or
11-22 (C) the part of the Houston/Galveston ozone
11-23 nonattainment area that consists of Brazoria, Chambers, Fort Bend,
11-24 Galveston, Harris, Liberty, Montgomery, and Waller counties.
11-25 (b) The registered owner of a motor vehicle commits an
12-1 offense if the vehicle, in an area described by Subsection (a),
12-2 emits:
12-3 (1) hydrocarbons, carbon monoxide, or nitrogen oxide
12-4 in an amount that is excessive under United States Environmental
12-5 Protection Agency standards or standards provided by department
12-6 rule;
12-7 (2) another vehicle-related pollutant that is listed
12-8 by a department rule adopted to comply with Part A, National
12-9 Emission Standards Act (42 U.S.C. Sections 7602-7619), or rules of
12-10 the United States Environmental Protection Agency in an amount
12-11 identified as excessive under that rule; or
12-12 (3) visible smoke that remains suspended in the air 10
12-13 or more seconds before fully dissipating.
12-14 (c) The department shall provide a notice of violation to
12-15 the registered owner of a vehicle that is detected violating
12-16 Subsection (b). The notice of violation must be made by personal
12-17 delivery to the registered owner or by mailing the notice to the
12-18 registered owner at the last known address of the owner. The
12-19 department shall include in the notice the date and location of the
12-20 violation detected and instructions for the registered owner
12-21 explaining how the owner must proceed to obtain and pass a
12-22 verification emissions inspection and to make any repair to the
12-23 vehicle necessary to pass the inspection and explaining any
12-24 extension or assistance that may be available to the owner for
12-25 making any necessary repair. Notice by mail is presumed delivered
13-1 on the 10th day after the date the notice is deposited in the mail.
13-2 (d) The department shall provide notice under Subsection (c)
13-3 to the registered owner of a vehicle in violation of Subsection
13-4 (b)(3) as soon as is practicable after the department receives
13-5 notice that a peace officer in this state has issued the driver of
13-6 the vehicle an informative citation for the violation. The
13-7 department shall adopt rules governing the procedures for a peace
13-8 officer or police department to provide notice of informative
13-9 citations issued for violations of Subsection (b)(3). The rules
13-10 must include a requirement that, for each citation issued, the
13-11 peace officer or police department inform the department of the
13-12 date and location of the violation.
13-13 (e) A peace officer who has probable cause to believe an
13-14 offense under Subsection (b)(3) has been committed may issue the
13-15 driver of the vehicle an informative citation that indicates that
13-16 an offense under Subsection (b)(3) may have been committed and that
13-17 explains that the registered owner of the vehicle may receive in
13-18 the mail a notice under Subsection (c).
13-19 (f) A registered owner of a vehicle commits an offense if:
13-20 (1) notice is delivered to the owner under Subsection
13-21 (c); and
13-22 (2) the owner fails to comply with any provision of
13-23 the notice before the 31st day after the date the notice is
13-24 delivered.
13-25 (g) An offense under this section is a misdemeanor
14-1 punishable by a fine of not less than $1 and not more than $350.
14-2 If a person has previously been convicted of an offense under this
14-3 section, an offense under this section is a misdemeanor punishable
14-4 by a fine of not less than $200 and not more than $1,000.
14-5 (h) It is an affirmative defense to an offense under this
14-6 section that the registered owner of the vehicle, before the 31st
14-7 day after the date the owner receives a notice of violation:
14-8 (1) after a verification emissions inspection
14-9 indicated that the vehicle did not comply with applicable emissions
14-10 standards, repaired the vehicle as necessary and passed another
14-11 verification emissions inspection; and
14-12 (2) has complied with rules of the department
14-13 concerning a violation under this section.
14-14 (i) The department may contract with a private person to
14-15 implement this section. The person must comply with terms,
14-16 policies, rules, and procedures the department adopts to administer
14-17 this section.
14-18 (j) The Texas Department of Transportation may deny
14-19 reregistration of a vehicle if the registered owner of the vehicle
14-20 has received notification under Subsection (c) and the vehicle has
14-21 not passed a verification emissions inspection.
14-22 SECTION 11. Section 548.405, Transportation Code, is amended
14-23 to read as follows:
14-24 Sec. 548.405. [CAUSE FOR] DENIAL, REVOCATION, OR SUSPENSION
14-25 OF CERTIFICATE. (a) The department may deny a person's
15-1 application for a certificate, revoke or suspend the certificate of
15-2 a person, [an] inspection station, or inspector, place on probation
15-3 a person who holds a suspended certificate, or reprimand a person
15-4 who holds a certificate if:
15-5 (1) the station or inspector conducts an inspection or
15-6 issues a certificate:
15-7 (A) in violation of this chapter [Section
15-8 548.004(c) or Section 548.104]; or
15-9 (B) without complying with the requirements of
15-10 this chapter; [subchapter or of Subchapter H; or]
15-11 (2) the person, [at the] station, or [the] inspector[:]
15-12 [(A)] commits an offense under this chapter;
15-13 (3) the applicant or certificate holder does not meet
15-14 the standards for certification under this chapter or a rule
15-15 adopted under this chapter;
15-16 (4) the station or inspector does not maintain the
15-17 qualifications for certification or does not comply with a
15-18 certification requirement under Subchapter G;
15-19 (5) the certificate holder or the certificate holder's
15-20 agent, employee, or representative commits an act or omission that
15-21 would cause denial, revocation, or suspension of a certificate to
15-22 an individual applicant or certificate holder;
15-23 (6) the station or inspector does not pay a fee
15-24 required by Subchapter H; or
15-25 (7) the inspector or owner of an inspection station is
16-1 convicted of a:
16-2 (A) felony or Class A or Class B misdemeanor;
16-3 (B) similar crime under the jurisdiction of
16-4 another state or the federal government that is punishable to the
16-5 same extent as a felony or a Class A or Class B misdemeanor in this
16-6 state; or
16-7 (C) crime under the jurisdiction of another
16-8 state or the federal government that would be a felony or a Class A
16-9 or Class B misdemeanor if the crime were committed in this state
16-10 [Section 548.603; or]
16-11 [(B) falsely and fraudulently represents to a
16-12 vehicle owner or operator that equipment required to be inspected
16-13 must be repaired, adjusted, or replaced before the vehicle will
16-14 pass inspection].
16-15 (b) For purposes of Subsection (a)(7), a person is convicted
16-16 of an offense if a court enters against the person an adjudication
16-17 of the person's guilt, including an order of probation or deferred
16-18 adjudication.
16-19 (c) If the department suspends a certificate because of a
16-20 violation of Subchapter F, the suspension must be for a period of
16-21 not less than six months.
16-22 (d) Until an inspector or inspection station whose
16-23 certificate is suspended or revoked receives a new certificate, has
16-24 the certificate reinstated, or has the suspension expire, the
16-25 inspector or station may not be directly or indirectly involved in
17-1 an inspection operation [The director may deny an application for
17-2 certification, revoke or suspend the certificate of an inspection
17-3 station or inspector, place on probation the holder of a suspended
17-4 certificate, or reprimand the certificate holder for any of the
17-5 following reasons:]
17-6 [(1) proof of unfitness of an applicant or certificate
17-7 holder under standards set out in this chapter or commission rules;]
17-8 [(2) material misrepresentation in an application or
17-9 other information filed under this chapter or commission rule;]
17-10 [(3) failure to maintain the qualifications for
17-11 certification;]
17-12 [(4) issuance of an inspection certificate without
17-13 being certified;]
17-14 [(5) issuance of an inspection certificate without
17-15 having made an inspection of the vehicle or without an adjustment,
17-16 correction, or repair having been made after an inspection
17-17 disclosed the necessity for the adjustment, correction, or repair;]
17-18 [(6) knowing or wilful issuance of an inspection
17-19 certificate for a vehicle without each required item of inspection
17-20 or with an item that was not in good condition and in compliance
17-21 with state law and commission rules;]
17-22 [(7) refusal to allow the owner of a vehicle to have a
17-23 required adjustment or correction made by a qualified person the
17-24 owner chooses;]
17-25 [(8) the charging of more than the authorized
18-1 inspection fee;]
18-2 [(9) an act or omission by the certificate holder or
18-3 the holder's agent, employee, or representative that would cause
18-4 denial, revocation, or suspension of a certificate to the
18-5 individual applicant or certificate holder; or]
18-6 [(10) wilful failure to comply with this chapter or a
18-7 rule adopted under this chapter].
18-8 SECTION 12. Section 548.407, Transportation Code, is amended
18-9 to read as follows:
18-10 Sec. 548.407. HEARING ON [BEFORE] DENIAL, REVOCATION, OR
18-11 SUSPENSION OF CERTIFICATE. (a) Before [Not earlier than the 31st
18-12 day before the date] an application for certification as an
18-13 inspection station or inspector is denied [or a certificate is
18-14 revoked or suspended], the director or a person the director
18-15 designates shall give [notify] the person written notification[, in
18-16 writing, in person, or by certified mail to the last address given
18-17 to the department by the person,] of:
18-18 (1) the proposed [impending] denial[, revocation, or
18-19 suspension];
18-20 (2) each reason for the proposed denial [action]; and
18-21 (3) the person's right to an administrative hearing to
18-22 determine whether the evidence warrants the denial [action].
18-23 (b) Before a certificate of appointment as an inspector or
18-24 inspection station is revoked or suspended, the director or a
18-25 person the director designates shall give written notification to
19-1 the inspector or inspection station of the revocation or the period
19-2 of suspension. The notice shall include:
19-3 (1) the effective date of the revocation or the period
19-4 of the suspension, as applicable;
19-5 (2) each reason for the revocation or suspension; and
19-6 (3) a statement explaining the person's right to an
19-7 administrative hearing to determine whether the evidence warrants
19-8 the revocation or suspension.
19-9 (c) Notice under Subsection (a) or (b) must be made by
19-10 personal delivery or by mail to the last address given to the
19-11 department by the person.
19-12 (d) The department may provide that a revocation or
19-13 suspension takes effect on receipt of notice under Subsection (b)
19-14 if the department finds that the action is necessary to prevent or
19-15 remedy a threat to public health, safety, or welfare. Violations
19-16 that present a threat to public health, safety, or welfare include:
19-17 (1) issuing an inspection certificate with knowledge
19-18 that the issuance is in violation of this chapter or rules adopted
19-19 under this chapter;
19-20 (2) falsely or fraudulently representing to the owner
19-21 or operator of a vehicle that equipment inspected or required to be
19-22 inspected must be repaired, adjusted, or replaced for the vehicle
19-23 to pass an inspection;
19-24 (3) issuing an inspection certificate:
19-25 (A) without authorization to issue the
20-1 certificate; or
20-2 (B) without inspecting the vehicle;
20-3 (4) issuing an inspection certificate for a vehicle
20-4 with knowledge that the vehicle has not been repaired, adjusted, or
20-5 corrected after an inspection has shown a repair, adjustment, or
20-6 correction to be necessary;
20-7 (5) knowingly issuing an inspection certificate:
20-8 (A) for a vehicle without conducting an
20-9 inspection of each item required to be inspected; or
20-10 (B) for a vehicle that is missing an item
20-11 required to be inspected or that has an item required to be
20-12 inspected that is not in compliance with state law or department
20-13 rules;
20-14 (6) refusing to allow a vehicle's owner to have a
20-15 qualified person of the owner's choice make a required repair,
20-16 adjustment, or correction;
20-17 (7) charging for an inspection an amount greater than
20-18 the authorized fee;
20-19 (8) a violation of Subchapter F;
20-20 (9) a violation of Section 548.603; or
20-21 (10) a conviction of a felony or a Class A or B
20-22 misdemeanor that directly relates to or affects the duties or
20-23 responsibilities of a vehicle inspection station or inspector or a
20-24 conviction of a similar crime under the jurisdiction of another
20-25 state or the federal government.
21-1 (e) For purposes of Subsection (d)(10), a person is
21-2 convicted of an offense if a court enters against the person an
21-3 adjudication of the person's guilt, including an order of probation
21-4 or deferred adjudication.
21-5 (f) To obtain an administrative hearing on a denial,
21-6 suspension, or revocation under this section, a person must submit
21-7 a written request for a hearing to the director not later than the
21-8 20th day after the date notice is delivered personally or is mailed
21-9 [given in person or is deposited in the United States mail as
21-10 provided by Subsection (a)].
21-11 (g) [(c)] If the director receives a timely request under
21-12 Subsection (f), the director shall provide the person with an
21-13 opportunity for a hearing as soon as practicable. A hearing on a
21-14 revocation or suspension under Subsection (d) that takes effect on
21-15 receipt of the notice must be held not later than 14 days after the
21-16 department receives the request for hearing. The revocation or
21-17 suspension continues in effect until the hearing is completed if
21-18 the hearing is continued beyond the 14-day period:
21-19 (1) at the request of the inspector or inspection
21-20 station; or
21-21 (2) on a finding of good cause by a judge,
21-22 administrative law judge, or hearing officer.
21-23 (h) If the director does not receive a timely request under
21-24 Subsection (f), the director may deny the application, revoke or
21-25 suspend a certificate, or sustain the revocation or suspension of a
22-1 certificate [act] without a hearing.
22-2 (i) Except as provided by Subsection (g), the [(d) The]
22-3 hearing must be held not earlier than the 11th day after the date
22-4 written notice of the hearing and[, including] a copy of the
22-5 charges[,] is given to the person by personal service or by
22-6 certified mail to the last address given to the department by the
22-7 person.
22-8 (j) [(e)] The director or a person designated by the
22-9 director shall conduct the hearing and may administer oaths and
22-10 issue subpoenas for the attendance of witnesses and the production
22-11 of relevant books, papers, or documents. If the hearing is
22-12 conducted by a person designated by the director, the director may
22-13 take action under this section on a recommendation of the
22-14 designated person.
22-15 (k) [(f)] On the basis of the evidence submitted at the
22-16 hearing, the director may deny the application or revoke or suspend
22-17 the certificate.
22-18 (l) If in conducting a hearing under this section an
22-19 administrative law judge of the State Office of Administrative
22-20 Hearings makes a proposal for a decision to deny an application or
22-21 to suspend or revoke a certificate, the administrative law judge
22-22 shall include in the proposal a finding of the costs, fees,
22-23 expenses, and reasonable and necessary attorney's fees the state
22-24 incurred in bringing the proceeding. The director may adopt the
22-25 finding and make the finding a part of the final order entered in
23-1 the proceeding. Proceeds collected from a finding made under this
23-2 subsection shall be deposited in a special account in the general
23-3 revenue fund that may be appropriated only to the attorney general.
23-4 SECTION 13. Section 548.505, Transportation Code, is amended
23-5 to read as follows:
23-6 Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The
23-7 department by rule may impose [commission may by rule establish] an
23-8 inspection fee for a vehicle inspected under Section 548.301(a) in
23-9 addition to the fee provided by Section 548.501, 548.502, [or]
23-10 548.503, or 548.504. A fee imposed under this subsection must be
23-11 based on the costs of:
23-12 (1) producing certificates;
23-13 (2) providing inspections; and
23-14 (3) administering the program [for a vehicle inspected
23-15 under Section 548.301(a)].
23-16 (b) The department may provide a maximum fee for an
23-17 inspection under this subchapter. The department may not set a
23-18 minimum fee for an inspection under this subchapter [additional fee
23-19 may not exceed:]
23-20 [(1) $5 if only a parameter program is established; or]
23-21 [(2) $10 if a program other than the parameter program
23-22 is established under requirements of the United States.]
23-23 [(c) If an inspection under Section 548.501 or Section
23-24 548.503 is not performed when an inspection is performed under
23-25 Section 548.301(a), the only fee due is the fee authorized by this
24-1 section.]
24-2 [(d) The conservation commission shall:]
24-3 [(1) pay to the department an amount equal to the cost
24-4 of producing certificates provided to centralized reinspection
24-5 stations under Section 548.304;]
24-6 [(2) establish a reinspection fee; and]
24-7 [(3) implement procedures governing the tracking of
24-8 certificates and the refunding of the cost of unissued certificates
24-9 provided to reinspection stations].
24-10 SECTION 14. Section 548.601, Transportation Code, is amended
24-11 to read as follows:
24-12 Sec. 548.601. OFFENSE GENERALLY. (a) A person, including
24-13 an inspector or an inspection station, [who operates a motor
24-14 vehicle in violation of this chapter or a rule adopted under this
24-15 chapter] commits an offense if the person:
24-16 (1) issues an inspection certificate with knowledge
24-17 that the issuance is in violation of this chapter or rules adopted
24-18 under this chapter;
24-19 (2) falsely or fraudulently represents to the owner or
24-20 operator of a vehicle that equipment inspected or required to be
24-21 inspected must be repaired, adjusted, or replaced for the vehicle
24-22 to pass an inspection;
24-23 (3) misrepresents:
24-24 (A) material information in an application in
24-25 violation of Section 548.402 or 548.403; or
25-1 (B) information filed with the department under
25-2 this chapter or as required by department rule;
25-3 (4) issues an inspection certificate:
25-4 (A) without authorization to issue the
25-5 certificate; or
25-6 (B) without inspecting the vehicle;
25-7 (5) issues an inspection certificate for a vehicle
25-8 with knowledge that the vehicle has not been repaired, adjusted, or
25-9 corrected after an inspection has shown a repair, adjustment, or
25-10 correction to be necessary;
25-11 (6) knowingly issues an inspection certificate:
25-12 (A) for a vehicle without conducting an
25-13 inspection of each item required to be inspected; or
25-14 (B) for a vehicle that is missing an item
25-15 required to be inspected or that has an item required to be
25-16 inspected that is not in compliance with state law or department
25-17 rules;
25-18 (7) refuses to allow a vehicle's owner to have a
25-19 qualified person of the owner's choice make a required repair,
25-20 adjustment, or correction; or
25-21 (8) charges for an inspection an amount greater than
25-22 the authorized fee.
25-23 (b) Unless otherwise specified in this chapter, an offense
25-24 under this section is a Class C [that is a] misdemeanor.
25-25 (c) A designated representative of the department may issue
26-1 a notice of an offense or a notice to appear to a person, including
26-2 an inspector or inspection station, who violates this chapter or a
26-3 rule adopted under this chapter.
26-4 [(b) This section does not apply to operation of a vehicle
26-5 that is:]
26-6 [(1) licensed in another state; and]
26-7 [(2) being temporarily and legally operated under a
26-8 reciprocity agreement.]
26-9 SECTION 15. Subsection (a), Section 548.602, Transportation
26-10 Code, is amended to read as follows:
26-11 (a) After the fifth day after the date of expiration of the
26-12 period designated for inspection, a person may not operate:
26-13 (1) a motor vehicle registered in this state unless a
26-14 current [an] inspection certificate is displayed on the vehicle; or
26-15 (2) a commercial motor vehicle registered in this
26-16 state unless it is equipped as required by federal motor carrier
26-17 safety regulations and displays an inspection certificate issued
26-18 under the program established under Section 548.201.
26-19 SECTION 16. Section 548.603, Transportation Code, is amended
26-20 to read as follows:
26-21 Sec. 548.603. [DISPLAY OF] FICTITIOUS OR COUNTERFEIT
26-22 INSPECTION CERTIFICATE OR INSURANCE DOCUMENT. (a) A person
26-23 commits an offense if the person:
26-24 (1) displays or causes or permits to be displayed an
26-25 inspection certificate or insurance document knowing that the
27-1 certificate or document is counterfeit, tampered with, altered, [it
27-2 to be] fictitious, issued for another vehicle, issued for a vehicle
27-3 failing to meet all emissions inspection requirements, or issued in
27-4 violation of:
27-5 (A) this chapter, rules adopted under this
27-6 chapter, or other law of this state; or
27-7 (B) a law of another state, the United States,
27-8 the United Mexican States, a state of the United Mexican States,
27-9 Canada, or a province of Canada; [without the required inspection
27-10 having been made; or]
27-11 (2) transfers an inspection certificate from a
27-12 windshield or location to another windshield or location;
27-13 (3) with intent to circumvent the emissions inspection
27-14 requirements seeks an inspection of a vehicle at a station not
27-15 certified to perform an emissions inspection if the person knows
27-16 that the vehicle is required to be inspected under Section 548.301;
27-17 (4) knowingly does not comply with an emissions
27-18 inspection requirement for a vehicle; or
27-19 (5) displays on a vehicle an inspection certificate
27-20 that was obtained knowing that the vehicle does not meet all
27-21 emissions inspection requirements for the vehicle.
27-22 (b) A person commits an offense if the person:
27-23 (1) makes or possesses, with the intent to sell,
27-24 circulate, or pass, a counterfeit inspection certificate or
27-25 insurance document; or
28-1 (2) possesses any part of a stamp, dye, plate,
28-2 negative, machine, or other device that is used or designated for
28-3 use in making a counterfeit inspection certificate or insurance
28-4 document.
28-5 (c) The owner of a vehicle commits an offense if the owner
28-6 knowingly allows the vehicle to be registered or[:]
28-7 [(1) is] operated while the vehicle [or parked on a
28-8 public highway; and]
28-9 [(2)] displays an inspection certificate in violation
28-10 of Subsection (a).
28-11 (d) An [(c) Except as provided by Subsection (d), an]
28-12 offense under Subsection (a) or (c) is a Class B misdemeanor. An
28-13 offense under Subsection (b) is a third degree felony unless the
28-14 person acts with the intent to defraud or harm another person, in
28-15 which event the offense is a second degree felony.
28-16 (e) In this section:
28-17 (1) "Counterfeit" means an imitation of a document
28-18 that is printed, engraved, copied, photographed, forged, or
28-19 manufactured by a person not authorized to take that action under:
28-20 (A) this chapter, rules adopted under this
28-21 chapter, or other law of this state; or
28-22 (B) a law of another state, the United States,
28-23 the United Mexican States, a state of the United Mexican States,
28-24 Canada, or a province of Canada.
28-25 (2) "Inspection certificate" means a document that is
29-1 printed, manufactured, or made by the department or an authorized
29-2 agent of the department for issuance after a vehicle passes an
29-3 inspection performed under this chapter.
29-4 (3) "Insurance document" means a standard proof of
29-5 motor vehicle insurance coverage that is:
29-6 (A) in a form prescribed by the Texas Department
29-7 of Insurance or by a similarly authorized board, agency, or
29-8 authority of another state; and
29-9 (B) issued by an insurer or insurer's agent who
29-10 is authorized to write motor vehicle insurance coverage.
29-11 (4) "Person" includes an inspection station or
29-12 inspector [punishable by a fine of not less than $100 or more than
29-13 $200.]
29-14 [(d) An offense under Subsection (a) is a Class B
29-15 misdemeanor if:]
29-16 [(1) the certificate is a motor vehicle emissions
29-17 inspection certificate; and]
29-18 [(2) the owner of the vehicle knows the certificate is
29-19 in violation of Subsection (a)].
29-20 (f) [(e)] A motor vehicle on which [is displayed] a vehicle
29-21 emissions inspection certificate is displayed in violation of
29-22 Subsection (a) and that is operated or parked on a public roadway
29-23 may be impounded by a peace officer or other authorized employee of
29-24 this state or a political subdivision of this state in which the
29-25 vehicle is operated or parked.
30-1 SECTION 17. Subchapter C, Chapter 552, Government Code, is
30-2 amended by adding Section 552.127 to read as follows:
30-3 Sec. 552.127. MOTOR VEHICLE INSPECTION INFORMATION. A
30-4 record created during a motor vehicle emissions inspection under
30-5 Subchapter F, Chapter 548, Transportation Code, that relates to an
30-6 individual vehicle or owner of an individual vehicle is excepted
30-7 from the requirements of Section 552.021.
30-8 SECTION 18. (a) In addition to the substantive changes made
30-9 by this Act, this Act conforms:
30-10 (1) Section 548.001, Transportation Code, to Section
30-11 25, Chapter 705, Acts of the 74th Legislature, 1995;
30-12 (2) Section 548.301, Transportation Code, to Section
30-13 8, Chapter 34, Acts of the 74th Legislature, 1995;
30-14 (3) Section 548.304, Transportation Code, to Sections
30-15 6 and 8, Chapter 34, Acts of the 74th Legislature, 1995; and
30-16 (4) Section 548.603, Transportation Code, to Section
30-17 7, Chapter 34, Acts of the 74th Legislature, 1995.
30-18 (b) To the extent of any conflict, this Act prevails over
30-19 another Act of the 75th Legislature, Regular Session, 1997, that
30-20 relates to nonsubstantive additions to and corrections in enacted
30-21 codes, except for an amendment to Subdivision (5), Section 548.001,
30-22 Transportation Code, made by such an Act.
30-23 SECTION 19. The following are repealed:
30-24 (1) Subsection (a-1), Section 382.037, and Section
30-25 382.0371, Health and Safety Code;
31-1 (2) Subsection (c), Section 548.256, and Section
31-2 548.305, Transportation Code;
31-3 (3) Section 25, Chapter 705, Acts of the 74th
31-4 Legislature, 1995; and
31-5 (4) Sections 6, 7, and 8, Chapter 34, Acts of the 74th
31-6 Legislature, 1995.
31-7 SECTION 20. The changes in law made by this Act apply only
31-8 to an offense committed or a violation of a statute or agency rule
31-9 that occurs on or after the effective date of this Act. For
31-10 purposes of this section, an offense occurs, or a violation of a
31-11 statute or agency rule occurs, before the effective date of this
31-12 Act if any element of the offense or violation occurs before that
31-13 date, and the former law is continued in effect for that purpose.
31-14 SECTION 21. The importance of this legislation and the
31-15 crowded condition of the calendars in both houses create an
31-16 emergency and an imperative public necessity that the
31-17 constitutional rule requiring bills to be read on three several
31-18 days in each house be suspended, and this rule is hereby suspended,
31-19 and that this Act take effect and be in force from and after its
31-20 passage, and it is so enacted.
S.B. No. 1856
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1856 passed the Senate on
April 28, 1997, by the following vote: Yeas 31, Nays 0;
May 28, 1997, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 29, 1997, House
granted request of the Senate; June 1, 1997, Senate adopted
Conference Committee Report by the following vote: Yeas 23,
Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1856 passed the House, with
amendments, on May 24, 1997, by the following vote: Yeas 123,
Nays 6, three present not voting; May 29, 1997, House granted
request of the Senate for appointment of Conference Committee;
June 1, 1997, House adopted Conference Committee Report by the
following vote: Yeas 132, Nays 11, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor