By: Wentworth S.B. No. 1856
A BILL TO BE ENTITLED
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 A, Chapter 502, Transportation Code,
2-3 is amended by adding Section 502.009 to read as follows:
2-4 Sec. 502.009. MOTOR VEHICLE EMISSIONS INSPECTION AND
2-5 MAINTENANCE REQUIREMENTS. (a) The Department of Public Safety
2-6 shall ensure compliance with the motor vehicle emissions inspection
2-7 and maintenance program through a vehicle inspection sticker-based
2-8 enforcement system except as provided by this section. Subsections
2-9 (b)-(e) apply only if the United States Environmental Protection
2-10 Agency determines that the state has not demonstrated, as required
2-11 by 40 C.F.R. Section 51.361, that sticker-based enforcement of the
2-12 program is more effective than registration-based enforcement and
2-13 gives the Texas Natural Resource Conservation Commission or the
2-14 governor written notification that the reregistration-based
2-15 enforcement of the program, as described by those subsections, will
2-16 be required. If Subsections (b)-(e) are made applicable as
2-17 provided by this subsection, the department shall terminate
2-18 reregistration-based enforcement of the program under those
2-19 subsections on the date the United States Environmental Protection
2-20 Agency gives the Texas Natural Resource Conservation Commission or
2-21 a person the commission designates written notification that
2-22 reregistration-based enforcement is not required for the state
2-23 implementation plan.
2-24 (b) The department may not register a motor vehicle if the
2-25 department receives from the Texas Natural Resource Conservation
3-1 Commission or the Department of Public Safety notification that the
3-2 registered owner of the vehicle has not complied with Subchapter F,
3-3 Chapter 548.
3-4 (c) The county tax assessor-collector may not register a
3-5 vehicle denied registration under Subsection (b) unless the tax
3-6 assessor-collector has verification that the registered vehicle
3-7 owner is in compliance with Subchapter F, Chapter 548.
3-8 (d) The department, the Texas Natural Resource Conservation
3-9 Commission, and the Department of Public Safety shall enter an
3-10 agreement regarding the responsibilities for costs associated with
3-11 implementing this section.
3-12 (e) A county tax assessor-collector is not liable to any
3-13 person for refusing to register a motor vehicle because of the
3-14 person's failure to provide verification of the person's compliance
3-15 with Subchapter F, Chapter 548.
3-16 SECTION 3. Section 548.001, Transportation Code, is amended
3-17 to read as follows:
3-18 Sec. 548.001. DEFINITIONS. In this chapter:
3-19 (1) "Commercial motor vehicle" means a self-propelled
3-20 or towed vehicle, other than a farm vehicle with a gross weight,
3-21 registered weight, or gross weight rating of less than 48,000
3-22 pounds, that is used on a public highway to transport passengers or
3-23 cargo if:
3-24 (A) the vehicle or combination of vehicles has a
3-25 gross weight, registered weight, or gross weight rating of more
4-1 than 26,000 pounds;
4-2 (B) the vehicle is designed to transport more
4-3 than 15 passengers, including the driver; or
4-4 (C) the vehicle is used to transport hazardous
4-5 materials in a quantity requiring placarding by a regulation issued
4-6 under the Hazardous Materials Transportation Act (49 U.S.C. Section
4-7 1801 et seq.).
4-8 (2) "Commission" means the Public Safety Commission.
4-9 (3) "Conservation commission" means the Texas Natural
4-10 Resource Conservation Commission.
4-11 (4) "Department" means the Department of Public
4-12 Safety.
4-13 (5) "Farm vehicle" has the meaning assigned by the
4-14 federal motor carrier safety regulations.
4-15 (6) [(5)] "Federal motor carrier safety regulation"
4-16 has the meaning assigned by Section 549.001.
4-17 (7) [(6)] "Inspection station" means a facility
4-18 certified to conduct inspections of vehicles under this chapter.
4-19 (8) [(7)] "Inspector" means an individual certified to
4-20 conduct inspections of vehicles under this chapter.
4-21 (9) "Nonattainment area" means an area so designated
4-22 within the meaning of Section 107(d) of the Clean Air Act (42
4-23 U.S.C. Section 7407).
4-24 SECTION 4. Section 548.251, Transportation Code, is amended
4-25 to read as follows:
5-1 Sec. 548.251. DEPARTMENT TO PROVIDE INSPECTION CERTIFICATES
5-2 AND VERIFICATION FORMS. The department shall provide serially
5-3 numbered inspection certificates and verification forms to
5-4 inspection stations. The department may issue a unique inspection
5-5 certificate for:
5-6 (1) a commercial motor vehicle inspected under Section
5-7 548.201; or
5-8 (2) a vehicle inspected under Subchapter F [Section
5-9 548.301(a)].
5-10 SECTION 5. Section 548.301, Transportation Code, is amended
5-11 to read as follows:
5-12 Sec. 548.301. COMMISSION TO ESTABLISH PROGRAM. (a) The
5-13 commission shall establish a motor vehicle emissions inspection and
5-14 maintenance program for vehicles as [registered in a county for
5-15 which the conservation commission has adopted a resolution
5-16 requesting the department to establish such a program if:]
5-17 [(1) the county does not meet the national ambient air
5-18 quality standards for ozone, carbon monoxide, or another
5-19 vehicle-related pollutant; or]
5-20 [(2) the program is] required [in the county] by any
5-21 law of the United States or[, including] the state's [Texas] air
5-22 quality state implementation plan.
5-23 (b) The commission by rule may establish a motor vehicle
5-24 emissions inspection and maintenance program for vehicles specified
5-25 by the conservation commission [registered] in a county for which
6-1 the conservation commission has adopted a resolution requesting the
6-2 commission [department] to establish such a program and for which
6-3 the county and the municipality with the largest population in the
6-4 county by resolution have formally requested a proactive air
6-5 quality plan consisting of such a program.
6-6 (c) A program established under Subsection (b) may not
6-7 include reregistration-based [registration-based] enforcement
6-8 unless the county by resolution requests reregistration-based
6-9 enforcement [Texas Department of Transportation includes the
6-10 program in its registration enforcement system].
6-11 (d) A vehicle emissions inspection under this section may be
6-12 performed by the same facility that performs a safety inspection if
6-13 the facility is authorized and certified by the department to
6-14 perform the vehicle emissions inspection and certified by the
6-15 department to perform the safety inspection.
6-16 SECTION 6. Section 548.302, Transportation Code, is amended
6-17 to read as follows:
6-18 Sec. 548.302. COMMISSION TO ADOPT STANDARDS. The commission
6-19 shall:
6-20 (1) adopt standards for emissions-related inspection
6-21 criteria consistent with requirements of the United States and the
6-22 conservation commission applicable to a county in which a program
6-23 is established under this subchapter; and
6-24 (2) develop and impose requirements necessary to
6-25 ensure that an inspection certificate is not issued to a vehicle
7-1 subject to a program established under this subchapter unless the
7-2 vehicle has passed a motor vehicle emissions inspection at a
7-3 facility authorized and certified by the department [Section
7-4 548.301].
7-5 SECTION 7. Section 548.303, Transportation Code, is amended
7-6 to read as follows:
7-7 Sec. 548.303. PROGRAM ADMINISTRATION. [(a)] The commission
7-8 shall administer the motor vehicle emissions inspection and
7-9 maintenance program under this subchapter [until the date a vehicle
7-10 emissions inspection program administered by the conservation
7-11 commission is implemented under the Clean Air Act].
7-12 [(b) The executive director of the conservation commission
7-13 shall notify the commission of the date the conservation
7-14 commission's program will become effective.]
7-15 SECTION 8. Section 548.304, Transportation Code, is amended
7-16 to read as follows:
7-17 Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS
7-18 INSPECTIONS [REINSPECTIONS]. (a) The department [conservation
7-19 commission] may authorize and certify [license] inspection stations
7-20 as necessary to implement the emissions-related inspection
7-21 [reinspection] requirements of the motor vehicle emissions
7-22 inspection and maintenance program established under this
7-23 subchapter if the station meets the department's certification
7-24 requirements [Section 548.301].
7-25 (b) The [At the request of the conservation commission, the]
8-1 department shall provide inspection certificates for distribution
8-2 and issuance at inspection [centralized reinspection] stations
8-3 certified [licensed] by the department [conservation commission].
8-4 [(c) Notwithstanding Section 548.053(a), if an
8-5 emissions-related inspection under Section 548.301 discloses the
8-6 necessity for adjustment, correction, or repair, the conservation
8-7 commission may by rule require that the vehicle be reinspected at a
8-8 specified inspection station authorized and licensed by the
8-9 conservation commission to ensure that the emissions-related
8-10 adjustment, correction, or repair is made.]
8-11 SECTION 9. Subchapter F, Chapter 548, Transportation Code,
8-12 is amended by adding Section 548.306 to read as follows:
8-13 Sec. 548.306. EXCESSIVE MOTOR VEHICLE EMISSIONS. (a) This
8-14 section applies to a motor vehicle registered in:
8-15 (1) a county or a portion of a county designated by
8-16 department rule in accordance with standards provided by the United
8-17 States Environmental Protection Agency; or
8-18 (2) one of the following areas:
8-19 (A) the part of the Dallas/Fort Worth ozone
8-20 nonattainment area that consists of Collin, Dallas, Denton, and
8-21 Tarrant counties;
8-22 (B) the part of the El Paso ozone nonattainment
8-23 area that consists of El Paso County; or
8-24 (C) the part of the Houston/Galveston ozone
8-25 nonattainment area that consists of Brazoria, Chambers, Fort Bend,
9-1 Galveston, Harris, Liberty, Montgomery, and Waller counties.
9-2 (b) The registered owner of a motor vehicle commits an
9-3 offense if the vehicle, in an area described by Subsection (a),
9-4 emits:
9-5 (1) hydrocarbons, carbon monoxide, or nitrogen oxide
9-6 in an amount that is excessive under United States Environmental
9-7 Protection Agency standards or standards provided by department
9-8 rule; or
9-9 (2) another vehicle-related pollutant that is listed
9-10 by a department rule adopted to comply with Part A, National
9-11 Emission Standards Act (42 U.S.C. Sections 7602-7619), or rules of
9-12 the United States Environmental Protection Agency in an amount
9-13 identified as excessive under that rule.
9-14 (c) The department shall provide a notice of violation to
9-15 the registered owner of a vehicle that is detected violating
9-16 Subsection (b). The notice of violation must be made by personal
9-17 delivery to the registered owner or by mailing the notice to the
9-18 registered owner at the last known address of the owner. The
9-19 department shall include in the notice the date and location of the
9-20 violation detected and instructions for the registered owner
9-21 explaining how the owner must proceed to obtain and pass a
9-22 verification emissions inspection and to make any repair to the
9-23 vehicle necessary to pass the inspection. Notice by mail is
9-24 presumed delivered on the 10th day after the date the notice is
9-25 deposited in the mail.
10-1 (d) A registered owner of a vehicle commits an offense if:
10-2 (1) notice is delivered to the owner under Subsection
10-3 (c); and
10-4 (2) the owner fails to comply with any provision of
10-5 the notice before the 31st day after the date the notice is
10-6 delivered.
10-7 (e) An offense under this section is a misdemeanor
10-8 punishable by a fine of not less than $1 and not more than $350.
10-9 If a person has previously been convicted of an offense under this
10-10 section, an offense under this section is a misdemeanor punishable
10-11 by a fine of not less than $200 and not more than $1,000.
10-12 (f) It is an affirmative defense to an offense under this
10-13 section that the registered owner of the vehicle, before the 31st
10-14 day after the date the owner receives a notice of violation:
10-15 (1) after a verification emissions inspection
10-16 indicated that the vehicle did not comply with applicable emissions
10-17 standards, repaired the vehicle as necessary and passed another
10-18 verification emissions inspection; and
10-19 (2) has complied with rules of the department
10-20 concerning a violation under this section.
10-21 (g) The department may contract with a private person to
10-22 implement this section. The person must comply with terms,
10-23 policies, rules, and procedures the department adopts to administer
10-24 this section.
10-25 (h) The Texas Department of Transportation may deny
11-1 reregistration of a vehicle if the registered owner of the vehicle
11-2 has received notification under Subsection (c) and the vehicle has
11-3 not passed a verification emissions inspection.
11-4 SECTION 10. Section 548.405, Transportation Code, is amended
11-5 to read as follows:
11-6 Sec. 548.405. [CAUSE FOR] DENIAL, REVOCATION, OR SUSPENSION
11-7 OF CERTIFICATE. (a) The department may deny a person's
11-8 application for a certificate, revoke or suspend the certificate of
11-9 a person, [an] inspection station, or inspector, place on probation
11-10 a person who holds a suspended certificate, or reprimand a person
11-11 who holds a certificate if:
11-12 (1) the station or inspector conducts an inspection or
11-13 issues a certificate:
11-14 (A) in violation of this chapter [Section
11-15 548.004(c) or Section 548.104]; or
11-16 (B) without complying with the requirements of
11-17 this chapter; [subchapter or of Subchapter H; or]
11-18 (2) the person, [at the] station, or [the] inspector[:]
11-19 [(A)] commits an offense under this chapter;
11-20 (3) the applicant or certificate holder does not meet
11-21 the standards for certification under this chapter or a rule
11-22 adopted under this chapter;
11-23 (4) the station or inspector does not maintain the
11-24 qualifications for certification or does not comply with a
11-25 certification requirement under Subchapter G;
12-1 (5) the certificate holder or the certificate holder's
12-2 agent, employee, or representative commits an act or omission that
12-3 would cause denial, revocation, or suspension of a certificate to
12-4 an individual applicant or certificate holder;
12-5 (6) the station or inspector does not pay a fee
12-6 required by Subchapter H; or
12-7 (7) the inspector or owner of an inspection station is
12-8 convicted of a:
12-9 (A) felony or Class A or Class B misdemeanor;
12-10 (B) similar crime under the jurisdiction of
12-11 another state or the federal government that is punishable to the
12-12 same extent as a felony or a Class A or Class B misdemeanor in this
12-13 state; or
12-14 (C) crime under the jurisdiction of another
12-15 state or the federal government that would be a felony or a Class A
12-16 or Class B misdemeanor if the crime were committed in this state
12-17 [Section 548.603; or]
12-18 [(B) falsely and fraudulently represents to a
12-19 vehicle owner or operator that equipment required to be inspected
12-20 must be repaired, adjusted, or replaced before the vehicle will
12-21 pass inspection].
12-22 (b) For purposes of Subsection (a)(7), a person is convicted
12-23 of an offense if a court enters against the person an adjudication
12-24 of the person's guilt, including an order of probation or deferred
12-25 adjudication.
13-1 (c) If the department suspends a certificate because of a
13-2 violation of Subchapter F, the suspension must be for a period of
13-3 not less than six months.
13-4 (d) Until an inspector or inspection station whose
13-5 certificate is suspended or revoked receives a new certificate, has
13-6 the certificate reinstated, or has the suspension expire, the
13-7 inspector or station may not be directly or indirectly involved in
13-8 an inspection operation [The director may deny an application for
13-9 certification, revoke or suspend the certificate of an inspection
13-10 station or inspector, place on probation the holder of a suspended
13-11 certificate, or reprimand the certificate holder for any of the
13-12 following reasons:]
13-13 [(1) proof of unfitness of an applicant or certificate
13-14 holder under standards set out in this chapter or commission rules;]
13-15 [(2) material misrepresentation in an application or
13-16 other information filed under this chapter or commission rule;]
13-17 [(3) failure to maintain the qualifications for
13-18 certification;]
13-19 [(4) issuance of an inspection certificate without
13-20 being certified;]
13-21 [(5) issuance of an inspection certificate without
13-22 having made an inspection of the vehicle or without an adjustment,
13-23 correction, or repair having been made after an inspection
13-24 disclosed the necessity for the adjustment, correction, or repair;]
13-25 [(6) knowing or wilful issuance of an inspection
14-1 certificate for a vehicle without each required item of inspection
14-2 or with an item that was not in good condition and in compliance
14-3 with state law and commission rules;]
14-4 [(7) refusal to allow the owner of a vehicle to have a
14-5 required adjustment or correction made by a qualified person the
14-6 owner chooses;]
14-7 [(8) the charging of more than the authorized
14-8 inspection fee;]
14-9 [(9) an act or omission by the certificate holder or
14-10 the holder's agent, employee, or representative that would cause
14-11 denial, revocation, or suspension of a certificate to the
14-12 individual applicant or certificate holder; or]
14-13 [(10) wilful failure to comply with this chapter or a
14-14 rule adopted under this chapter].
14-15 SECTION 11. Section 548.407, Transportation Code, is amended
14-16 to read as follows:
14-17 Sec. 548.407. HEARING ON [BEFORE] DENIAL, REVOCATION, OR
14-18 SUSPENSION OF CERTIFICATE. (a) Before [Not earlier than the 31st
14-19 day before the date] an application for certification as an
14-20 inspection station or inspector is denied [or a certificate is
14-21 revoked or suspended], the director or a person the director
14-22 designates shall give [notify] the person written notification[, in
14-23 writing, in person, or by certified mail to the last address given
14-24 to the department by the person,] of:
14-25 (1) the proposed [impending] denial[, revocation, or
15-1 suspension];
15-2 (2) each reason for the proposed denial [action]; and
15-3 (3) the person's right to an administrative hearing to
15-4 determine whether the evidence warrants the denial [action].
15-5 (b) Before a certificate of appointment as an inspector or
15-6 inspection station is revoked or suspended, the director or a
15-7 person the director designates shall give written notification to
15-8 the inspector or inspection station of the revocation or the period
15-9 of suspension. The notice shall include:
15-10 (1) the effective date of the revocation or the period
15-11 of the suspension, as applicable;
15-12 (2) each reason for the revocation or suspension; and
15-13 (3) a statement explaining the person's right to an
15-14 administrative hearing to determine whether the evidence warrants
15-15 the revocation or suspension.
15-16 (c) Notice under Subsection (a) or (b) must be made by
15-17 personal delivery or by mail to the last address given to the
15-18 department by the person.
15-19 (d) The department may provide that a revocation or
15-20 suspension takes effect on receipt of notice under Subsection (b)
15-21 if the department finds that the action is necessary to prevent or
15-22 remedy a threat to public health, safety, or welfare. Violations
15-23 that present a threat to public health, safety, or welfare include:
15-24 (1) issuing an inspection certificate with knowledge
15-25 that the issuance is in violation of this chapter or rules adopted
16-1 under this chapter;
16-2 (2) falsely or fraudulently representing to the owner
16-3 or operator of a vehicle that equipment inspected or required to be
16-4 inspected must be repaired, adjusted, or replaced for the vehicle
16-5 to pass an inspection;
16-6 (3) issuing an inspection certificate:
16-7 (A) without authorization to issue the
16-8 certificate; or
16-9 (B) without inspecting the vehicle;
16-10 (4) issuing an inspection certificate for a vehicle
16-11 with knowledge that the vehicle has not been repaired, adjusted, or
16-12 corrected after an inspection has shown a repair, adjustment, or
16-13 correction to be necessary;
16-14 (5) knowingly issuing an inspection certificate:
16-15 (A) for a vehicle without conducting an
16-16 inspection of each item required to be inspected; or
16-17 (B) for a vehicle that is missing an item
16-18 required to be inspected or that has an item required to be
16-19 inspected that is not in compliance with state law or department
16-20 rules;
16-21 (6) refusing to allow a vehicle's owner to have a
16-22 qualified person of the owner's choice make a required repair,
16-23 adjustment, or correction;
16-24 (7) charging for an inspection an amount greater than
16-25 the authorized fee;
17-1 (8) a violation of Subchapter F;
17-2 (9) a violation of Section 548.603; or
17-3 (10) a conviction of a felony or a Class A or B
17-4 misdemeanor that directly relates to or affects the duties or
17-5 responsibilities of a vehicle inspection station or inspector or a
17-6 conviction of a similar crime under the jurisdiction of another
17-7 state or the federal government.
17-8 (e) For purposes of Subsection (d)(10), a person is
17-9 convicted of an offense if a court enters against the person an
17-10 adjudication of the person's guilt, including an order of probation
17-11 or deferred adjudication.
17-12 (f) To obtain an administrative hearing on a denial,
17-13 suspension, or revocation under this section, a person must submit
17-14 a written request for a hearing to the director not later than the
17-15 20th day after the date notice is delivered personally or is mailed
17-16 [given in person or is deposited in the United States mail as
17-17 provided by Subsection (a)].
17-18 (g) [(c)] If the director receives a timely request under
17-19 Subsection (f), the director shall provide the person with an
17-20 opportunity for a hearing as soon as practicable. A hearing on a
17-21 revocation or suspension under Subsection (d) that takes effect on
17-22 receipt of the notice must be held not later than 14 days after the
17-23 department receives the request for hearing. The revocation or
17-24 suspension continues in effect until the hearing is completed if
17-25 the hearing is continued beyond the 14-day period:
18-1 (1) at the request of the inspector or inspection
18-2 station; or
18-3 (2) on a finding of good cause by a judge,
18-4 administrative law judge, or hearing officer.
18-5 (h) If the director does not receive a timely request under
18-6 Subsection (f), the director may deny the application, revoke or
18-7 suspend a certificate, or sustain the revocation or suspension of a
18-8 certificate [act] without a hearing.
18-9 (i) Except as provided by Subsection (g), the [(d) The]
18-10 hearing must be held not earlier than the 11th day after the date
18-11 written notice of the hearing and[, including] a copy of the
18-12 charges[,] is given to the person by personal service or by
18-13 certified mail to the last address given to the department by the
18-14 person.
18-15 (j) [(e)] The director or a person designated by the
18-16 director shall conduct the hearing and may administer oaths and
18-17 issue subpoenas for the attendance of witnesses and the production
18-18 of relevant books, papers, or documents. If the hearing is
18-19 conducted by a person designated by the director, the director may
18-20 take action under this section on a recommendation of the
18-21 designated person.
18-22 (k) [(f)] On the basis of the evidence submitted at the
18-23 hearing, the director may deny the application or revoke or suspend
18-24 the certificate.
18-25 (l) If in conducting a hearing under this section an
19-1 administrative law judge of the State Office of Administrative
19-2 Hearings makes a proposal for a decision to deny an application or
19-3 to suspend or revoke a certificate, the administrative law judge
19-4 shall include in the proposal a finding of the costs, fees,
19-5 expenses, and reasonable and necessary attorney's fees the state
19-6 incurred in bringing the proceeding. The director may adopt the
19-7 finding and make the finding a part of the final order entered in
19-8 the proceeding. Proceeds collected from a finding made under this
19-9 subsection shall be deposited in a special account in the general
19-10 revenue fund that may be appropriated only to the attorney general.
19-11 SECTION 12. Section 548.505, Transportation Code, is amended
19-12 to read as follows:
19-13 Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The
19-14 department by rule may impose [commission may by rule establish] an
19-15 inspection fee for a vehicle inspected under Section 548.301(a) in
19-16 addition to the fee provided by Section 548.501, 548.502, [or]
19-17 548.503, or 548.504. A fee imposed under this subsection must be
19-18 based on the costs of:
19-19 (1) producing certificates;
19-20 (2) providing inspections; and
19-21 (3) administering the program [for a vehicle inspected
19-22 under Section 548.301(a)].
19-23 (b) The department may provide a maximum fee for an
19-24 inspection under this subchapter. The department may not set a
19-25 minimum fee for an inspection under this subchapter [additional fee
20-1 may not exceed:]
20-2 [(1) $5 if only a parameter program is established; or]
20-3 [(2) $10 if a program other than the parameter program
20-4 is established under requirements of the United States.]
20-5 [(c) If an inspection under Section 548.501 or Section
20-6 548.503 is not performed when an inspection is performed under
20-7 Section 548.301(a), the only fee due is the fee authorized by this
20-8 section.]
20-9 [(d) The conservation commission shall:]
20-10 [(1) pay to the department an amount equal to the cost
20-11 of producing certificates provided to centralized reinspection
20-12 stations under Section 548.304;]
20-13 [(2) establish a reinspection fee; and]
20-14 [(3) implement procedures governing the tracking of
20-15 certificates and the refunding of the cost of unissued certificates
20-16 provided to reinspection stations].
20-17 SECTION 13. Section 548.601, Transportation Code, is amended
20-18 to read as follows:
20-19 Sec. 548.601. OFFENSE GENERALLY. (a) A person, including
20-20 an inspector or an inspection station, [who operates a motor
20-21 vehicle in violation of this chapter or a rule adopted under this
20-22 chapter] commits an offense if the person:
20-23 (1) issues an inspection certificate with knowledge
20-24 that the issuance is in violation of this chapter or rules adopted
20-25 under this chapter;
21-1 (2) falsely or fraudulently represents to the owner or
21-2 operator of a vehicle that equipment inspected or required to be
21-3 inspected must be repaired, adjusted, or replaced for the vehicle
21-4 to pass an inspection;
21-5 (3) misrepresents:
21-6 (A) material information in an application in
21-7 violation of Section 548.402 or 548.403; or
21-8 (B) information filed with the department under
21-9 this chapter or as required by department rule;
21-10 (4) issues an inspection certificate:
21-11 (A) without authorization to issue the
21-12 certificate; or
21-13 (B) without inspecting the vehicle;
21-14 (5) issues an inspection certificate for a vehicle
21-15 with knowledge that the vehicle has not been repaired, adjusted, or
21-16 corrected after an inspection has shown a repair, adjustment, or
21-17 correction to be necessary;
21-18 (6) knowingly issues an inspection certificate:
21-19 (A) for a vehicle without conducting an
21-20 inspection of each item required to be inspected; or
21-21 (B) for a vehicle that is missing an item
21-22 required to be inspected or that has an item required to be
21-23 inspected that is not in compliance with state law or department
21-24 rules;
21-25 (7) refuses to allow a vehicle's owner to have a
22-1 qualified person of the owner's choice make a required repair,
22-2 adjustment, or correction; or
22-3 (8) charges for an inspection an amount greater than
22-4 the authorized fee.
22-5 (b) Unless otherwise specified in this chapter, an offense
22-6 under this section is a Class C [that is a] misdemeanor.
22-7 (c) A designated representative of the department may issue
22-8 a notice of an offense or a notice to appear to a person, including
22-9 an inspector or inspection station, who violates this chapter or a
22-10 rule adopted under this chapter.
22-11 [(b) This section does not apply to operation of a vehicle
22-12 that is:]
22-13 [(1) licensed in another state; and]
22-14 [(2) being temporarily and legally operated under a
22-15 reciprocity agreement.]
22-16 SECTION 14. Subsection (a), Section 548.602, Transportation
22-17 Code, is amended to read as follows:
22-18 (a) After the fifth day after the date of expiration of the
22-19 period designated for inspection, a person may not operate:
22-20 (1) a motor vehicle registered in this state unless a
22-21 current [an] inspection certificate is displayed on the vehicle; or
22-22 (2) a commercial motor vehicle registered in this
22-23 state unless it is equipped as required by federal motor carrier
22-24 safety regulations and displays an inspection certificate issued
22-25 under the program established under Section 548.201.
23-1 SECTION 15. Section 548.603, Transportation Code, is amended
23-2 to read as follows:
23-3 Sec. 548.603. [DISPLAY OF] FICTITIOUS OR COUNTERFEIT
23-4 INSPECTION CERTIFICATE OR INSURANCE DOCUMENT. (a) A person
23-5 commits an offense if the person:
23-6 (1) displays [or causes or permits to be displayed] an
23-7 inspection certificate or insurance document knowing that the
23-8 certificate or document is counterfeit, tampered with, altered, [it
23-9 to be] fictitious, issued for another vehicle, or issued in
23-10 violation of:
23-11 (A) this chapter, rules adopted under this
23-12 chapter, or other law of this state; or
23-13 (B) a law of another state, the United States,
23-14 the United Mexican States, a state of the United Mexican States,
23-15 Canada, or a province of Canada; [without the required inspection
23-16 having been made; or]
23-17 (2) transfers an inspection certificate from a
23-18 windshield or location to another windshield or location;
23-19 (3) with intent to circumvent the emissions inspection
23-20 requirements seeks an inspection of a vehicle at a station not
23-21 certified to perform an emissions inspection if the person knows
23-22 that the vehicle is required to be inspected under Section 548.301;
23-23 (4) knowingly does not comply with an emissions
23-24 inspection requirement for a vehicle; or
23-25 (5) displays on a vehicle an inspection certificate
24-1 that was obtained knowing that the vehicle does not meet all
24-2 emissions inspection requirements for the vehicle.
24-3 (b) A person commits an offense if the person:
24-4 (1) makes or possesses, with the intent to sell,
24-5 circulate, or pass, a counterfeit inspection certificate or
24-6 insurance document; or
24-7 (2) possesses any part of a stamp, dye, plate,
24-8 negative, machine, or other device that is used or designated for
24-9 use in making a counterfeit inspection certificate or insurance
24-10 document.
24-11 (c) The owner of a vehicle commits an offense if the owner
24-12 knowingly allows the vehicle to be registered or[:]
24-13 [(1) is] operated while the vehicle [or parked on a
24-14 public highway; and]
24-15 [(2)] displays an inspection certificate in violation
24-16 of Subsection (a).
24-17 (d) An [(c) Except as provided by Subsection (d), an]
24-18 offense under Subsection (a) or (c) is a Class B misdemeanor. An
24-19 offense under Subsection (b) is a third degree felony unless the
24-20 person acts with the intent to defraud or harm another person, in
24-21 which event the offense is a second degree felony.
24-22 (e) In this section:
24-23 (1) "Counterfeit" means an imitation of a document
24-24 that is printed, engraved, copied, photographed, forged, or
24-25 manufactured by a person not authorized to take that action under:
25-1 (A) this chapter, rules adopted under this
25-2 chapter, or other law of this state; or
25-3 (B) a law of another state, the United States,
25-4 the United Mexican States, a state of the United Mexican States,
25-5 Canada, or a province of Canada.
25-6 (2) "Inspection certificate" means a document that is
25-7 printed, manufactured, or made by the department or an authorized
25-8 agent of the department for issuance after a vehicle passes an
25-9 inspection performed under this chapter.
25-10 (3) "Insurance document" means a standard proof of
25-11 motor vehicle insurance coverage that is:
25-12 (A) in a form prescribed by the Texas Department
25-13 of Insurance or by a similarly authorized board, agency, or
25-14 authority of another state; and
25-15 (B) issued by an insurer or insurer's agent who
25-16 is authorized to write motor vehicle insurance coverage.
25-17 (4) "Person" includes an inspection station or
25-18 inspector [punishable by a fine of not less than $100 or more than
25-19 $200.]
25-20 [(d) An offense under Subsection (a) is a Class B
25-21 misdemeanor if:]
25-22 [(1) the certificate is a motor vehicle emissions
25-23 inspection certificate; and]
25-24 [(2) the owner of the vehicle knows the certificate is
25-25 in violation of Subsection (a)].
26-1 (f) [(e)] A motor vehicle on which [is displayed] a vehicle
26-2 emissions inspection certificate is displayed in violation of
26-3 Subsection (a) and that is operated or parked on a public roadway
26-4 may be impounded by a peace officer or other authorized employee of
26-5 this state or a political subdivision of this state in which the
26-6 vehicle is operated or parked.
26-7 SECTION 16. Subchapter C, Chapter 552, Government Code, is
26-8 amended by adding Section 552.127 to read as follows:
26-9 Sec. 552.127. MOTOR VEHICLE INSPECTION INFORMATION. A
26-10 record created during a motor vehicle emissions inspection under
26-11 Subchapter F, Chapter 548, Transportation Code, that relates to an
26-12 individual vehicle or owner of an individual vehicle is excepted
26-13 from the requirements of Section 552.021.
26-14 SECTION 17. (a) In addition to the substantive changes made
26-15 by this Act, this Act conforms:
26-16 (1) Section 548.001, Transportation Code, to Section
26-17 25, Chapter 705, Acts of the 74th Legislature, 1995;
26-18 (2) Section 548.301, Transportation Code, to Section
26-19 8, Chapter 34, Acts of the 74th Legislature, 1995;
26-20 (3) Section 548.304, Transportation Code, to Sections
26-21 6 and 8, Chapter 34, Acts of the 74th Legislature, 1995; and
26-22 (4) Section 548.603, Transportation Code, to Section
26-23 7, Chapter 34, Acts of the 74th Legislature, 1995.
26-24 (b) To the extent of any conflict, this Act prevails over
26-25 another Act of the 75th Legislature, Regular Session, 1997, that
27-1 relates to nonsubstantive additions to and corrections in enacted
27-2 codes, except for an amendment to Subdivision (5), Section 548.001,
27-3 Transportation Code, made by such an Act.
27-4 SECTION 18. The following are repealed:
27-5 (1) Subsection (a-1), Section 382.037, and Section
27-6 382.0371, Health and Safety Code;
27-7 (2) Subsection (c), Section 548.256, and Section
27-8 548.305, Transportation Code;
27-9 (3) Section 25, Chapter 705, Acts of the 74th
27-10 Legislature, 1995; and
27-11 (4) Sections 6, 7, and 8, Chapter 34, Acts of the 74th
27-12 Legislature, 1995.
27-13 SECTION 19. (a) Sections 1 through 18 of this Act take
27-14 effect September 1, 1997, or 60 days after the effective date of
27-15 this section, whichever is later.
27-16 (b) The changes in law made by this Act apply only to an
27-17 offense committed or a violation of a statute or agency rule that
27-18 occurs on or after the effective date of the provision of this Act
27-19 that makes the changes in law. For purposes of this section, an
27-20 offense occurs, or a violation of a statute or agency rule occurs,
27-21 before the effective date of this Act if any element of the offense
27-22 or violation occurs before that date, and the former law is
27-23 continued in effect for that purpose.
27-24 (c) This section takes effect immediately.
27-25 SECTION 20. The importance of this legislation and the
28-1 crowded condition of the calendars in both houses create an
28-2 emergency and an imperative public necessity that the
28-3 constitutional rule requiring bills to be read on three several
28-4 days in each house be suspended, and this rule is hereby suspended,
28-5 and that this Act take effect and be in force according to its
28-6 terms, and it is so enacted.
28-7 COMMITTEE AMENDMENT NO. 1
28-8 Amend S.B. No. 1856 by striking SECTIONS 19 and 20 of the
28-9 bill and substituting:
28-10 SECTION 19. The changes in law made by this Act apply only
28-11 to an offense committed or a violation of a statute or agency rule
28-12 that occurs on or after the effective date of this Act. For
28-13 purposes of this section, an offense occurs, or a violation of a
28-14 statute or agency rule occurs, before the effective date of this
28-15 Act if any element of the offense or violation occurs before that
28-16 date, and the former law is continued in effect for that purpose.
28-17 SECTION 20. The importance of this legislation and the
28-18 crowded condition of the calendars in both houses create an
28-19 emergency and an imperative public necessity that the
28-20 constitutional rule requiring bills to be read on three several
28-21 days in each house be suspended, and this rule is hereby suspended,
28-22 and that this Act take effect and be in force from and after its
28-23 passage, and it is so enacted.
28-24 75R14264 JJT-D Allen