By Wentworth S.B. No. 1856
75R4833 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the inspection and maintenance of certain motor
1-3 vehicles for air pollution control; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.037(d), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (d) On adoption of a resolution by the commission and after
1-8 proper notice, the Department of Public Safety of the State of
1-9 Texas shall implement a system that requires, as a condition of
1-10 obtaining a safety inspection certificate issued under Subchapter
1-11 E, Chapter 548, Transportation Code [Section 140 or 141, Uniform
1-12 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
1-13 Civil Statutes)], in a county that is included in a vehicle
1-14 emissions inspection and maintenance program under Subchapter F of
1-15 that chapter [Section 142, Uniform Act Regulating Traffic on
1-16 Highways (Article 6701d, Vernon's Texas Civil Statutes)], that the
1-17 vehicle, unless the vehicle is not covered by the system, be
1-18 annually or biennially inspected under the vehicle emissions
1-19 inspection and maintenance program as required by the Texas air
1-20 quality state implementation plan [or Section 382.0371]. The
1-21 Department of Public Safety shall implement such a system when it
1-22 is required by any provision of federal or state law, including any
1-23 provision of the Texas air quality state implementation plan. [The
1-24 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 INSPECTION AND MAINTENANCE
2-5 REQUIREMENTS. (a) The department may not register a motor vehicle
2-6 if the department receives from the Texas Natural Resource
2-7 Conservation Commission or the Department of Public Safety
2-8 notification that the registered owner of the vehicle has not
2-9 complied with Subchapter F, Chapter 548.
2-10 (b) The county tax assessor-collector may not register a
2-11 vehicle denied registration under Subsection (a) unless the tax
2-12 assessor-collector has verification that the registered vehicle
2-13 owner is in compliance with Subchapter F, Chapter 548.
2-14 (c) The department and the Texas Natural Resource
2-15 Conservation Commission shall adopt jointly a memorandum of
2-16 understanding that provides a mechanism by which the Texas Natural
2-17 Resource Conservation Commission will reimburse the department and
2-18 counties for all costs associated with implementing this section.
2-19 The department, the Texas Natural Resource Conservation Commission,
2-20 and the Department of Public Safety shall adopt jointly a
2-21 memorandum of understanding that specifies the acceptable forms of
2-22 notification under Subsection (a) and verification under
2-23 Subsection (b). The adoption of a memorandum of understanding
2-24 under this subsection and agreements contained in the memorandum
2-25 are not subject to Chapter 771, Government Code.
2-26 (d) A county tax assessor-collector is not liable to any
2-27 person for refusing to register a motor vehicle because of the
3-1 person's failure to provide verification of the person's compliance
3-2 with Subchapter F, Chapter 548.
3-3 (e) This section expires on the date that the governor
3-4 publishes in the Texas Register an executive order to terminate
3-5 enforcement under this section, issued after the United States
3-6 Environmental Protection Agency has approved a state implementation
3-7 plan that does not require enforcement of a motor vehicle emissions
3-8 inspection and maintenance program by denial of vehicle
3-9 registration.
3-10 SECTION 3. Section 548.001, Transportation Code, is amended
3-11 to read as follows:
3-12 Sec. 548.001. DEFINITIONS. In this chapter:
3-13 (1) "Commercial motor vehicle" means a self-propelled
3-14 or towed vehicle, other than a farm vehicle with a gross weight,
3-15 registered weight, or gross weight rating of less than 48,000
3-16 pounds, that is used on a public highway to transport passengers or
3-17 cargo if:
3-18 (A) the vehicle or combination of vehicles has a
3-19 gross weight, registered weight, or gross weight rating of more
3-20 than 26,000 pounds;
3-21 (B) the vehicle is designed to transport more
3-22 than 15 passengers, including the driver; or
3-23 (C) the vehicle is used to transport hazardous
3-24 materials in a quantity requiring placarding by a regulation issued
3-25 under the Hazardous Materials Transportation Act (49 U.S.C. Section
3-26 1801 et seq.).
3-27 (2) "Commission" means the Public Safety Commission.
4-1 (3) "Conservation commission" means the Texas Natural
4-2 Resource Conservation Commission.
4-3 (4) "Department" means the Department of Public
4-4 Safety.
4-5 (5) "Farm vehicle" has the meaning assigned by the
4-6 federal motor carrier safety regulations.
4-7 (6) [(5)] "Federal motor carrier safety regulation"
4-8 has the meaning assigned by Section 549.001.
4-9 (7) [(6)] "Inspection station" means a facility
4-10 certified to conduct inspections of vehicles under this chapter.
4-11 (8) [(7)] "Inspector" means an individual certified to
4-12 conduct inspections of vehicles under this chapter.
4-13 (9) "Nonattainment area" means an area so designated
4-14 within the meaning of Section 107(d) of the Clean Air Act (42
4-15 U.S.C. Section 7407).
4-16 SECTION 4. Section 548.251, Transportation Code, is amended
4-17 to read as follows:
4-18 Sec. 548.251. DEPARTMENT TO PROVIDE INSPECTION CERTIFICATES
4-19 AND VERIFICATION FORMS. The department shall provide serially
4-20 numbered inspection certificates and verification forms to
4-21 inspection stations. The department may issue a unique inspection
4-22 certificate for:
4-23 (1) a commercial motor vehicle inspected under Section
4-24 548.201; or
4-25 (2) a vehicle inspected under Subchapter F [Section
4-26 548.301(a)].
4-27 SECTION 5. Section 548.301, Transportation Code, is amended
5-1 to read as follows:
5-2 Sec. 548.301. COMMISSION TO ESTABLISH PROGRAM. (a) The
5-3 commission shall establish a motor vehicle emissions inspection and
5-4 maintenance program for vehicles covered by the state's air quality
5-5 state implementation plan, as otherwise specified by the department
5-6 at the direction of the governor, or as [registered in a county for
5-7 which the conservation commission has adopted a resolution
5-8 requesting the department to establish such a program if:]
5-9 [(1) the county does not meet the national ambient air
5-10 quality standards for ozone, carbon monoxide, or another
5-11 vehicle-related pollutant; or]
5-12 [(2) the program is] required [in the county] by any
5-13 law of the United States, including the Texas air quality state
5-14 implementation plan.
5-15 (b) The commission may establish a motor vehicle emissions
5-16 inspection and maintenance program for vehicles specified by the
5-17 conservation commission at the governor's direction [registered] in
5-18 a county for which the conservation commission has adopted a
5-19 resolution requesting the department to establish such a program
5-20 and for which the county and the municipality with the largest
5-21 population in the county by resolution have formally requested a
5-22 proactive air quality plan consisting of such a program.
5-23 (c) A program established under Subsection (b) may not
5-24 include registration-based enforcement [unless the Texas Department
5-25 of Transportation includes the program in its registration
5-26 enforcement system].
5-27 (d) A vehicle emissions inspection required by this section
6-1 may be performed by the same facility that performs a safety
6-2 inspection if the facility is authorized and certified by the
6-3 department to perform the vehicle emissions inspection and
6-4 certified by the department to perform the safety inspection.
6-5 SECTION 6. Section 548.302, Transportation Code, is amended
6-6 to read as follows:
6-7 Sec. 548.302. COMMISSION TO ADOPT STANDARDS. The commission
6-8 shall:
6-9 (1) adopt standards for emissions-related inspection
6-10 criteria consistent with requirements of the United States and the
6-11 conservation commission applicable to a county in which a program
6-12 is established under this subchapter; and
6-13 (2) develop and impose requirements necessary to
6-14 ensure that an inspection certificate is not issued to a vehicle
6-15 subject to a program established under this subchapter unless the
6-16 vehicle has passed a motor vehicle emissions inspection at a
6-17 facility authorized and certified by the department [Section
6-18 548.301].
6-19 SECTION 7. Section 548.303, Transportation Code, is amended
6-20 to read as follows:
6-21 Sec. 548.303. PROGRAM ADMINISTRATION. (a) The commission
6-22 shall administer the motor vehicle emissions inspection and
6-23 maintenance program under this subchapter until the date the [a]
6-24 vehicle emissions inspection program administered by the department
6-25 is suspended or discontinued at the direction of the governor under
6-26 Section 382.037(a-1), Health and Safety Code [conservation
6-27 commission is implemented under the Clean Air Act].
7-1 (b) The department may reestablish a program under this
7-2 subchapter or otherwise as directed by the governor under Section
7-3 382.037(a-1), Health and Safety Code [executive director of the
7-4 conservation commission shall notify the commission of the date the
7-5 conservation commission's program will become effective].
7-6 SECTION 8. Section 548.304, Transportation Code, is amended
7-7 to read as follows:
7-8 Sec. 548.304. CERTIFIED EMISSIONS INSPECTION STATIONS
7-9 [LICENSED TO CONDUCT EMISSIONS REINSPECTIONS]. (a) The department
7-10 [conservation commission] may authorize and certify [license]
7-11 inspection stations as necessary to implement the emissions-related
7-12 inspection [reinspection] requirements of the motor vehicle
7-13 inspection and maintenance program established under this
7-14 subchapter if the station meets the department's certification
7-15 requirements [Section 548.301].
7-16 (b) The [At the request of the conservation commission, the]
7-17 department shall provide inspection certificates for distribution
7-18 and issuance at inspection [centralized reinspection] stations
7-19 certified [licensed] by the department [conservation commission].
7-20 [(c) Notwithstanding Section 548.053(a), if an
7-21 emissions-related inspection under Section 548.301 discloses the
7-22 necessity for adjustment, correction, or repair, the conservation
7-23 commission may by rule require that the vehicle be reinspected at a
7-24 specified inspection station authorized and licensed by the
7-25 conservation commission to ensure that the emissions-related
7-26 adjustment, correction, or repair is made.]
7-27 SECTION 9. Subchapter F, Chapter 548, Transportation Code,
8-1 is amended by adding Section 548.306 to read as follows:
8-2 Sec. 548.306. EXCESSIVE EMISSIONS. (a) This section
8-3 applies to a motor vehicle registered in:
8-4 (1) a county or a portion of a county designated by
8-5 department rule in accordance with standards provided by the United
8-6 States Environmental Protection Agency; or
8-7 (2) one of the following areas:
8-8 (A) the part of the Dallas/Fort Worth ozone
8-9 nonattainment area that consists of Collin, Dallas, Denton, and
8-10 Tarrant counties;
8-11 (B) the part of the El Paso ozone nonattainment
8-12 area that consists of El Paso County; or
8-13 (C) the part of the Houston/Galveston ozone
8-14 nonattainment area that consists of Brazoria, Chambers, Fort Bend,
8-15 Galveston, Harris, Liberty, Montgomery, and Waller counties.
8-16 (b) The registered owner of a motor vehicle commits an
8-17 offense if the vehicle, in an area described by Subsection (a),
8-18 emits:
8-19 (1) hydrocarbons, carbon monoxide, or nitrogen oxide
8-20 in amounts that are excessive under United States Environmental
8-21 Protection Agency standards; or
8-22 (2) another vehicle-related pollutant that is listed
8-23 by a department rule adopted to comply with Part A, National
8-24 Emission Standards Act (42 U.S.C. Sections 7602-7619), or rules of
8-25 the United States Environmental Protection Agency in an amount
8-26 identified as excessive under that rule.
8-27 (c) The department shall provide a notice of violation to
9-1 the registered owner of a vehicle that is detected violating
9-2 Subsection (b). The notice of violation must be made by personal
9-3 delivery to the registered owner or by mailing the notice to the
9-4 registered owner at the last known address of the owner. The
9-5 department shall include in the notice the date and location of the
9-6 violation detected and instructions for the registered owner
9-7 explaining how the owner must proceed to obtain and pass a
9-8 verification emissions inspection and to make any necessary repair
9-9 to the vehicle. Notice by mail is presumed delivered on the 10th
9-10 day after the date the notice is deposited in the mail.
9-11 (d) An offense under this section is a misdemeanor
9-12 punishable by a fine of not less than $1 and not more than $350.
9-13 If a person has previously been convicted of an offense under this
9-14 section, an offense under this section is a misdemeanor punishable
9-15 by a fine of not less than $200 and not more than $1,000.
9-16 (e) It is an affirmative defense to an offense under this
9-17 section that the registered owner of the vehicle, before the 31st
9-18 day after the date the owner receives a notice of violation:
9-19 (1) after a verification emissions inspection
9-20 indicated that the vehicle did not comply with applicable emissions
9-21 standards, repaired the vehicle as necessary and passed another
9-22 verification emissions inspection; and
9-23 (2) has complied with rules of the department
9-24 concerning a violation under this section.
9-25 (f) The department may contract with a private person to
9-26 implement this section. The person must comply with terms,
9-27 policies, rules, and procedures the department adopts to administer
10-1 this section.
10-2 (g) The Texas Department of Transportation may deny
10-3 registration of a vehicle if the registered owner of the vehicle
10-4 has received notification under Subsection (c) and the vehicle has
10-5 not passed a verification emissions inspection.
10-6 SECTION 10. Section 548.405, Transportation Code, is amended
10-7 to read as follows:
10-8 Sec. 548.405. [CAUSE FOR] DENIAL, REVOCATION, OR SUSPENSION
10-9 OF CERTIFICATE. (a) The department may deny a person's
10-10 application for a certificate, revoke or suspend the certificate of
10-11 a person, [an] inspection station, or inspector, place on
10-12 probation a person who holds a suspended certificate, or reprimand
10-13 a person who holds a certificate if:
10-14 (1) the station or inspector conducts an inspection or
10-15 issues a certificate:
10-16 (A) in violation of this chapter [Section
10-17 548.004(c) or Section 548.104]; or
10-18 (B) without complying with the requirements of
10-19 this chapter; [subchapter or of Subchapter H; or]
10-20 (2) the person, [at the] station, or [the] inspector[:]
10-21 [(A)] commits an offense under this chapter;
10-22 (3) the applicant or certificate holder does not meet
10-23 the standards for certification under this chapter or a rule
10-24 adopted under this chapter;
10-25 (4) the station or inspector does not maintain the
10-26 qualifications for certification or does not comply with a
10-27 certification requirement under Subchapter G;
11-1 (5) the certificate holder or the certificate holder's
11-2 agent, employee, or representative commits an act or omission that
11-3 would cause denial, revocation, or suspension of a certificate to
11-4 an individual applicant or certificate holder;
11-5 (6) the station or inspector does not pay a fee
11-6 required by Subchapter H; or
11-7 (7) the inspector or owner of an inspection station is
11-8 convicted of a:
11-9 (A) felony or Class A or Class B misdemeanor;
11-10 (B) similar crime under the jurisdiction of
11-11 another state or the federal government that is punishable to the
11-12 same extent as a felony or a Class A or Class B misdemeanor in this
11-13 state; or
11-14 (C) crime under the jurisdiction of another
11-15 state or the federal government that would be a felony or a Class A
11-16 or Class B misdemeanor if the crime were committed in this state
11-17 [Section 548.603; or]
11-18 [(B) falsely and fraudulently represents to a
11-19 vehicle owner or operator that equipment required to be inspected
11-20 must be repaired, adjusted, or replaced before the vehicle will
11-21 pass inspection].
11-22 (b) For purposes of Subsection (a)(7), a person is convicted
11-23 of an offense if a court enters against the person an adjudication
11-24 of the person's guilt.
11-25 (c) If the department suspends a certificate because of a
11-26 violation of Subchapter F, the suspension must be for a period of
11-27 not less than six months.
12-1 (d) An inspector or inspection station whose certificate is
12-2 suspended or revoked may not be directly or indirectly involved in
12-3 an inspection operation [The director may deny an application for
12-4 certification, revoke or suspend the certificate of an inspection
12-5 station or inspector, place on probation the holder of a suspended
12-6 certificate, or reprimand the certificate holder for any of the
12-7 following reasons:]
12-8 [(1) proof of unfitness of an applicant or certificate
12-9 holder under standards set out in this chapter or commission rules;]
12-10 [(2) material misrepresentation in an application or
12-11 other information filed under this chapter or commission rule;]
12-12 [(3) failure to maintain the qualifications for
12-13 certification;]
12-14 [(4) issuance of an inspection certificate without
12-15 being certified;]
12-16 [(5) issuance of an inspection certificate without
12-17 having made an inspection of the vehicle or without an adjustment,
12-18 correction, or repair having been made after an inspection
12-19 disclosed the necessity for the adjustment, correction, or repair;]
12-20 [(6) knowing or wilful issuance of an inspection
12-21 certificate for a vehicle without each required item of inspection
12-22 or with an item that was not in good condition and in compliance
12-23 with state law and commission rules;]
12-24 [(7) refusal to allow the owner of a vehicle to have a
12-25 required adjustment or correction made by a qualified person the
12-26 owner chooses;]
12-27 [(8) the charging of more than the authorized
13-1 inspection fee;]
13-2 [(9) an act or omission by the certificate holder or
13-3 the holder's agent, employee, or representative that would cause
13-4 denial, revocation, or suspension of a certificate to the
13-5 individual applicant or certificate holder; or]
13-6 [(10) wilful failure to comply with this chapter or a
13-7 rule adopted under this chapter].
13-8 SECTION 11. Section 548.407, Transportation Code, is amended
13-9 to read as follows:
13-10 Sec. 548.407. HEARING ON [BEFORE] DENIAL, REVOCATION, OR
13-11 SUSPENSION OF CERTIFICATE. (a) Before [Not earlier than the 31st
13-12 day before the date] an application for certification as an
13-13 inspection station or inspector is denied [or a certificate is
13-14 revoked or suspended], the director or a person the director
13-15 designates shall give [notify] the person written notification [,
13-16 in writing, in person, or by certified mail to the last address
13-17 given to the department by the person,] of:
13-18 (1) the [impending] denial [, revocation, or
13-19 suspension];
13-20 (2) each reason for the denial [action]; and
13-21 (3) the person's right to an administrative hearing to
13-22 determine whether the evidence warrants the denial [action].
13-23 (b) Before a certificate of appointment as an inspector or
13-24 inspection station is revoked or suspended, the director or a
13-25 person the director designates shall give written notification to
13-26 the inspector or inspection station of the revocation or the period
13-27 of suspension. The notice shall include:
14-1 (1) the effective date of the revocation or the period
14-2 of the suspension, as applicable;
14-3 (2) each reason for the revocation or suspension; and
14-4 (3) a statement explaining the person's right to an
14-5 administrative hearing to determine whether the evidence warrants
14-6 the revocation or suspension.
14-7 (c) Notice under Subsection (a) or (b) must be made by
14-8 personal delivery or by mail to the last address given to the
14-9 department by the person.
14-10 (d) The department may provide that a revocation or
14-11 suspension takes effect on receipt of notice under Subsection (b)
14-12 if the department finds that the action is necessary to prevent or
14-13 remedy a threat to public health, safety, or welfare. Violations
14-14 that present a threat to public health, safety, or welfare include:
14-15 (1) issuing an inspection certificate in violation of
14-16 this chapter or rules adopted under this chapter;
14-17 (2) falsely or fraudulently representing to the owner
14-18 or operator of a vehicle that equipment inspected or required to be
14-19 inspected must be repaired, adjusted, or replaced for the vehicle
14-20 to pass an inspection;
14-21 (3) issuing an inspection certificate:
14-22 (A) without authorization to issue the
14-23 certificate; or
14-24 (B) without inspecting the vehicle;
14-25 (4) issuing an inspection certificate for a vehicle
14-26 that has not been repaired, adjusted, or corrected after an
14-27 inspection has shown a repair, adjustment, or correction to be
15-1 necessary;
15-2 (5) knowingly or intentionally issuing an inspection
15-3 certificate:
15-4 (A) for a vehicle without conducting an
15-5 inspection of each item required to be inspected; or
15-6 (B) for a vehicle that is missing an item
15-7 required to be inspected or that has an item required to be
15-8 inspected that is not in compliance with state law or department
15-9 rules;
15-10 (6) refusing to allow a vehicle's owner to have a
15-11 qualified person of the owner's choice make a required repair,
15-12 adjustment, or correction;
15-13 (7) charging for an inspection an amount greater than
15-14 the authorized fee;
15-15 (8) a violation of Subchapter F;
15-16 (9) a violation of Section 548.603; or
15-17 (10) a conviction of a felony or a Class A or B
15-18 misdemeanor that directly relates to or affects the duties or
15-19 responsibilities of a vehicle inspection station or inspector or a
15-20 conviction of a similar crime under the jurisdiction of another
15-21 state or the federal government.
15-22 (e) For purposes of Subsection (d)(10), a person is
15-23 convicted of an offense if a court enters against the person an
15-24 adjudication of the person's guilt.
15-25 (f) To obtain an administrative hearing on a denial,
15-26 suspension, or revocation under this section, a person must submit
15-27 a written request for a hearing to the director not later than the
16-1 20th day after the date notice is delivered personally or is mailed
16-2 [given in person or is deposited in the United States mail as
16-3 provided by Subsection (a)].
16-4 (g) [(c)] If the director receives a timely request under
16-5 Subsection (f), the director shall provide the person with an
16-6 opportunity for a hearing as soon as practicable. A hearing on a
16-7 revocation or suspension under Subsection (d) that takes effect on
16-8 receipt of the notice must be held not later than 14 days after the
16-9 department receives the request for hearing. The revocation or
16-10 suspension continues in effect until the hearing is completed if
16-11 the hearing is continued beyond the 14-day period at the request of
16-12 the inspector or inspection station.
16-13 (h) If the director does not receive a timely request under
16-14 Subsection (f), the director may deny the application, revoke or
16-15 suspend a certificate, or sustain the revocation or suspension of a
16-16 certificate [act] without a hearing.
16-17 (i) Except as provided by Subsection (g), the [(d) The]
16-18 hearing must be held not earlier than the 11th day after the date
16-19 written notice of the hearing and [, including] a copy of the
16-20 charges[,] is given to the person by personal service or by
16-21 certified mail to the last address given to the department by the
16-22 person.
16-23 (j) [(e)] The director or a person designated by the
16-24 director shall conduct the hearing and may administer oaths and
16-25 issue subpoenas for the attendance of witnesses and the production
16-26 of relevant books, papers, or documents. If the hearing is
16-27 conducted by a person designated by the director, the director may
17-1 take action under this section on a recommendation of the
17-2 designated person.
17-3 (k) [(f)] On the basis of the evidence submitted at the
17-4 hearing, the director may deny the application or revoke or suspend
17-5 the certificate.
17-6 (l) In conducting a hearing under this section, an
17-7 administrative law judge of the State Office of Administrative
17-8 Hearings shall include in a proposal for decision a finding of the
17-9 costs, fees, expenses, and reasonable and necessary attorney's fees
17-10 the state incurred in bringing the proceeding. The director may
17-11 adopt the finding and make it a part of the final order entered in
17-12 the proceeding. The proceeds collected from a finding made under
17-13 this subsection shall be deposited in a special account in the
17-14 general revenue fund that may be appropriated only to the attorney
17-15 general.
17-16 SECTION 12. Section 548.505, Transportation Code, is amended
17-17 to read as follows:
17-18 Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The
17-19 department by rule may impose [commission may by rule establish] an
17-20 inspection fee for a vehicle inspected under Section 548.301(a) in
17-21 addition to the fee provided by Section 548.501, [or] 548.503, or
17-22 548.504. A fee imposed under this subsection must be based on the
17-23 costs of:
17-24 (1) producing certificates;
17-25 (2) providing inspections; and
17-26 (3) administering the program [for a vehicle inspected
17-27 under Section 548.301(a)].
18-1 (b) The department may provide a maximum fee for an
18-2 inspection under this subchapter. The department may not set a
18-3 minimum fee for an inspection under this subchapter. [The
18-4 additional fee may not exceed:]
18-5 [(1) $5 if only a parameter program is established; or]
18-6 [(2) $10 if a program other than the parameter program
18-7 is established under requirements of the United States.]
18-8 [(c) If an inspection under Section 548.501 or Section
18-9 548.503 is not performed when an inspection is performed under
18-10 Section 548.301(a), the only fee due is the fee authorized by this
18-11 section.]
18-12 [(d) The conservation commission shall:]
18-13 [(1) pay to the department an amount equal to the cost
18-14 of producing certificates provided to centralized reinspection
18-15 stations under Section 548.304;]
18-16 [(2) establish a reinspection fee; and]
18-17 [(3) implement procedures governing the tracking of
18-18 certificates and the refunding of the cost of unissued certificates
18-19 provided to reinspection stations.]
18-20 SECTION 13. Section 548.601, Transportation Code, is amended
18-21 to read as follows:
18-22 Sec. 548.601. OFFENSE GENERALLY. (a) A person, including
18-23 an inspector or an inspection station, [who operates a motor
18-24 vehicle in violation of this chapter or a rule adopted under this
18-25 chapter] commits an offense if the person:
18-26 (1) issues an inspection certificate in violation of
18-27 this chapter or rules adopted under this chapter;
19-1 (2) falsely or fraudulently represents to the owner or
19-2 operator of a vehicle that equipment inspected or required to be
19-3 inspected must be repaired, adjusted, or replaced for the vehicle
19-4 to pass an inspection;
19-5 (3) misrepresents:
19-6 (A) material information in an application in
19-7 violation of Section 548.402 or 548.403; or
19-8 (B) information filed with the department under
19-9 this chapter or as required by department rule;
19-10 (4) issues an inspection certificate:
19-11 (A) without authorization to issue the
19-12 certificate; or
19-13 (B) without inspecting the vehicle;
19-14 (5) issues an inspection certificate for a vehicle
19-15 that has not been repaired, adjusted, or corrected after an
19-16 inspection has shown a repair, adjustment, or correction to be
19-17 necessary;
19-18 (6) knowingly or intentionally issues an inspection
19-19 certificate:
19-20 (A) for a vehicle without conducting an
19-21 inspection of each item required to be inspected; or
19-22 (B) for a vehicle that is missing an item
19-23 required to be inspected or that has an item required to be
19-24 inspected that is not in compliance with state law or department
19-25 rules;
19-26 (7) refuses to allow a vehicle's owner to have a
19-27 qualified person of the owner's choice make a required repair,
20-1 adjustment, or correction; or
20-2 (8) charges for an inspection an amount greater than
20-3 the authorized fee.
20-4 (b) Unless otherwise specified in this chapter, an offense
20-5 under this section is a Class C [that is a] misdemeanor.
20-6 (c) The designated representative of the department may
20-7 issue a notice of an offense or a notice to appear to a person,
20-8 including an inspector or inspection station, who violates this
20-9 chapter or a rule adopted under this chapter.
20-10 [(b) This section does not apply to operation of a vehicle
20-11 that is:]
20-12 [(1) licensed in another state; and]
20-13 [(2) being temporarily and legally operated under a
20-14 reciprocity agreement.]
20-15 SECTION 14. Section 548.602(a), Transportation Code, is
20-16 amended to read as follows:
20-17 (a) After the fifth day after the date of expiration of the
20-18 period designated for inspection, a person may not operate:
20-19 (1) a motor vehicle registered in this state unless a
20-20 current [an] inspection certificate is displayed on the vehicle; or
20-21 (2) a commercial motor vehicle registered in this
20-22 state unless it is equipped as required by federal motor carrier
20-23 safety regulations and displays an inspection certificate issued
20-24 under the program established under Section 548.201.
20-25 SECTION 15. Section 548.603, Transportation Code, is amended
20-26 to read as follows:
20-27 Sec. 548.603. [DISPLAY OF] FICTITIOUS OR COUNTERFEIT
21-1 INSPECTION CERTIFICATE. (a) A person commits an offense if the
21-2 person:
21-3 (1) displays [or causes or permits to be displayed] an
21-4 inspection certificate knowing the certificate [it] to be
21-5 counterfeit, tampered with, altered, fictitious, issued for
21-6 another vehicle, or issued in violation of:
21-7 (A) this chapter, rules adopted under this
21-8 chapter, or other law of this state; or
21-9 (B) a law of another state, the United States of
21-10 America, or a province of the Dominion of Canada; [without the
21-11 required inspection having been made; or]
21-12 (2) transfers an inspection certificate from a
21-13 windshield or location to another windshield or location;
21-14 (3) seeks an inspection of a vehicle at a station not
21-15 certified to perform an emissions inspection if the person knows
21-16 that the vehicle is required to be inspected under Section 548.301;
21-17 (4) knowingly does not comply with an emissions
21-18 inspection requirement for a vehicle; or
21-19 (5) displays on a vehicle an inspection certificate
21-20 that was obtained without meeting all emissions inspection
21-21 requirements for the vehicle.
21-22 (b) A person commits an offense if the person:
21-23 (1) makes or possesses, with the intent to sell,
21-24 circulate, or pass, a counterfeit inspection certificate or
21-25 insurance document; or
21-26 (2) possesses any part of a stamp, dye, plate,
21-27 negative, machine, or other device that is used or designated for
22-1 use in making a counterfeit inspection certificate or insurance
22-2 document.
22-3 (c) The owner of a vehicle commits an offense if the owner
22-4 intentionally or knowingly allows the vehicle to be registered or
22-5 [:]
22-6 [(1) is] operated while the vehicle [or parked on a
22-7 public highway; and]
22-8 [(2)] displays an inspection certificate in violation
22-9 of Subsection (a).
22-10 (d) An [(c) Except as provided by Subsection (d), an]
22-11 offense under Subsection (a) is a Class B misdemeanor. An offense
22-12 under Subsection (b) is a third degree felony unless the person
22-13 acts with the intent to defraud or harm another person, in which
22-14 event the offense is a second degree felony. An offense under
22-15 Subsection (c) is a Class B misdemeanor.
22-16 (e) In this section:
22-17 (1) "Counterfeit" means an imitation of a document
22-18 that is printed, engraved, copied, photographed, forged, or
22-19 manufactured by a person not authorized to take that action under:
22-20 (A) this chapter, rules adopted under this
22-21 chapter, or other law of this state; or
22-22 (B) a law of another state, the United States of
22-23 America, or a province of the Dominion of Canada.
22-24 (2) "Inspection certificate" means a document that is
22-25 printed, manufactured, or made by the department or an authorized
22-26 agent of the department for issuance after a vehicle passes an
22-27 inspection performed under this chapter.
23-1 (3) "Insurance document" means a standard proof of
23-2 motor vehicle insurance coverage that is:
23-3 (A) in a form prescribed by the Texas Department
23-4 of Insurance or by a similarly authorized board, agency, or
23-5 authority of another state; and
23-6 (B) issued by an insurer or insurer's agent who
23-7 is authorized to write motor vehicle insurance coverage.
23-8 (4) "Person" includes an inspection station or
23-9 inspector [punishable by a fine of not less than $100 or more than
23-10 $200.]
23-11 [(d) An offense under Subsection (a) is a Class B
23-12 misdemeanor if:]
23-13 [(1) the certificate is a motor vehicle emissions
23-14 inspection certificate; and]
23-15 [(2) the owner of the vehicle knows the certificate is
23-16 in violation of Subsection (a).]
23-17 [(e) A motor vehicle on which is displayed a vehicle
23-18 emissions inspection certificate in violation of Subsection (a) and
23-19 that is operated or parked on a public roadway may be impounded by
23-20 a peace officer or other authorized employee of this state or a
23-21 political subdivision of this state in which the vehicle is
23-22 operated or parked].
23-23 SECTION 16. (a) In addition to the substantive changes made
23-24 by this Act, this Act conforms:
23-25 (1) Section 548.001, Transportation Code, to Section
23-26 25, Chapter 705, Acts of the 74th Legislature, Regular Session,
23-27 1995;
24-1 (2) Section 548.301, Transportation Code, to Section
24-2 8, Chapter 34, Acts of the 74th Legislature, Regular Session, 1995;
24-3 (3) Section 548.304, Transportation Code, to Sections
24-4 6 and 8, Chapter 34, Acts of the 74th Legislature, Regular Session,
24-5 1995; and
24-6 (4) Section 548.603, Transportation Code, to Section
24-7 7, Chapter 34, Acts of the 74th Legislature, Regular Session, 1995.
24-8 (b) To the extent of any conflict, this Act prevails over
24-9 another Act of the 75th Legislature, Regular Session, 1997, that
24-10 relates to nonsubstantive additions to and corrections in enacted
24-11 codes, except for an amendment to Section 548.001(5),
24-12 Transportation Code, made by such an Act.
24-13 SECTION 17. The following are repealed:
24-14 (1) Section 382.0371, Health and Safety Code;
24-15 (2) Section 548.256(c), Transportation Code;
24-16 (3) Section 548.305, Transportation Code;
24-17 (4) Section 25, Chapter 705, Acts of the 74th
24-18 Legislature, Regular Session, 1995; and
24-19 (5) Sections 6, 7, and 8, Chapter 34, Acts of the 74th
24-20 Legislature, Regular Session, 1995.
24-21 SECTION 18. (a) Sections 1-17 of this Act take effect
24-22 September 1, 1997, or 60 days after the effective date of this
24-23 section, whichever is later.
24-24 (b) As soon as practicable, the Texas Natural Resource
24-25 Conservation Commission, the Department of Public Safety of the
24-26 State of Texas, and the Texas Department of Transportation shall
24-27 jointly adopt emergency rules to facilitate the transition between
25-1 requirements imposed by changes in law made by this Act and
25-2 requirements previously implemented under the governor's Executive
25-3 Order GWB 96-1, issued February 27, 1996, and the inspection and
25-4 maintenance program portion of the state implementation plan
25-5 approved by the United States Environmental Protection Agency. The
25-6 emergency rules must provide for all persons to be in compliance
25-7 with the changes in law made by this Act not later than September
25-8 1, 1997, or 60 days after the effective date of this section,
25-9 whichever is later. The rules must provide that:
25-10 (1) a motor vehicle that is not registered or has been
25-11 denied registration under the law as it existed immediately before
25-12 September 1, 1997, may not be registered until the county tax
25-13 assessor-collector has verification of compliance as provided by
25-14 Section 502.009, Transportation Code, as added by this Act; and
25-15 (2) a person who holds a license or other
25-16 authorization for a motor vehicle emissions inspection station or a
25-17 license or other authorization to be an inspector may, on
25-18 application:
25-19 (A) convert that authorization to a
25-20 certification and authorization under Chapter 548, Transportation
25-21 Code, as amended by this Act; and
25-22 (B) continue to do business as an inspection
25-23 station or inspector under the person's original license or
25-24 authorization in accordance with Chapter 548, Transportation Code,
25-25 as amended by this Act, until the person's:
25-26 (i) license is converted to a
25-27 certification and authorization under Chapter 548, Transportation
26-1 Code, as amended by this Act; or
26-2 (ii) application is approved or rejected.
26-3 (c) The changes in law made by this Act apply only to an
26-4 offense committed or a violation of a statute or agency rule that
26-5 occurs on or after the effective date of the provision of this Act
26-6 that makes the changes in law. For purposes of this section, an
26-7 offense occurs, or a violation of a statute or agency rule occurs,
26-8 before the effective date of this Act if any element of the offense
26-9 or violation occurs before that date, and the former law is
26-10 continued in effect for that purpose.
26-11 (d) This section takes effect immediately.
26-12 SECTION 19. The importance of this legislation and the
26-13 crowded condition of the calendars in both houses create an
26-14 emergency and an imperative public necessity that the
26-15 constitutional rule requiring bills to be read on three several
26-16 days in each house be suspended, and this rule is hereby suspended,
26-17 and that this Act take effect and be in force according to its
26-18 terms, and it is so enacted.