1-1 By: Wentworth S.B. No. 1856
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 18, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 18, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1856 By: Wentworth
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the inspection and maintenance of certain motor
1-11 vehicles for air pollution control; providing criminal penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (d), Section 382.037, Health and
1-14 Safety Code, is amended to read as follows:
1-15 (d) On adoption of a resolution by the commission and after
1-16 proper notice, the Department of Public Safety of the State of
1-17 Texas shall implement a system that requires, as a condition of
1-18 obtaining a safety inspection certificate issued under Chapter 548,
1-19 Transportation Code [Section 140 or 141, Uniform Act Regulating
1-20 Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-21 Statutes)], in a county that is included in a vehicle emissions
1-22 inspection and maintenance program under Subchapter F of that
1-23 chapter [Section 142, Uniform Act Regulating Traffic on Highways
1-24 (Article 6701d, Vernon's Texas Civil Statutes)], that the vehicle,
1-25 unless the vehicle is not covered by the system, be annually or
1-26 biennially inspected under the vehicle emissions inspection and
1-27 maintenance program as required by the state's [Texas] air quality
1-28 state implementation plan [or Section 382.0371]. The Department of
1-29 Public Safety shall implement such a system when it is required by
1-30 any provision of federal or state law, including any provision of
1-31 the state's [Texas] air quality state implementation plan. [The
1-32 Department of Public Safety may not require or accept verification
1-33 of compliance other than a vehicle inspection certificate.]
1-34 SECTION 2. Subchapter A, Chapter 502, Transportation Code,
1-35 is amended by adding Section 502.009 to read as follows:
1-36 Sec. 502.009. MOTOR VEHICLE EMISSIONS INSPECTION AND
1-37 MAINTENANCE REQUIREMENTS. (a) The Department of Public Safety
1-38 shall ensure compliance with the motor vehicle emissions inspection
1-39 and maintenance program through a vehicle inspection sticker-based
1-40 enforcement system except as provided by this section. Subsections
1-41 (b)-(e) apply only if the United States Environmental Protection
1-42 Agency determines that the state has not demonstrated, as required
1-43 by 40 C.F.R. Section 51.361, that sticker-based enforcement of the
1-44 program is more effective than registration-based enforcement and
1-45 gives the Texas Natural Resource Conservation Commission or the
1-46 governor written notification that the reregistration-based
1-47 enforcement of the program, as described by those subsections, will
1-48 be required. If Subsections (b)-(e) are made applicable as
1-49 provided by this subsection, the department shall terminate
1-50 reregistration-based enforcement of the program under those
1-51 subsections on the date the United States Environmental Protection
1-52 Agency gives the Texas Natural Resource Conservation Commission or
1-53 a person the commission designates written notification that
1-54 reregistration-based enforcement is not required for the state
1-55 implementation plan.
1-56 (b) The department may not register a motor vehicle if the
1-57 department receives from the Texas Natural Resource Conservation
1-58 Commission or the Department of Public Safety notification that the
1-59 registered owner of the vehicle has not complied with Subchapter F,
1-60 Chapter 548.
1-61 (c) The county tax assessor-collector may not register a
1-62 vehicle denied registration under Subsection (b) unless the tax
1-63 assessor-collector has verification that the registered vehicle
1-64 owner is in compliance with Subchapter F, Chapter 548.
2-1 (d) The department, the Texas Natural Resource Conservation
2-2 Commission, and the Department of Public Safety shall enter an
2-3 agreement regarding the responsibilities for costs associated with
2-4 implementing this section.
2-5 (e) A county tax assessor-collector is not liable to any
2-6 person for refusing to register a motor vehicle because of the
2-7 person's failure to provide verification of the person's compliance
2-8 with Subchapter F, Chapter 548.
2-9 SECTION 3. Section 548.001, Transportation Code, is amended
2-10 to read as follows:
2-11 Sec. 548.001. DEFINITIONS. In this chapter:
2-12 (1) "Commercial motor vehicle" means a self-propelled
2-13 or towed vehicle, other than a farm vehicle with a gross weight,
2-14 registered weight, or gross weight rating of less than 48,000
2-15 pounds, that is used on a public highway to transport passengers or
2-16 cargo if:
2-17 (A) the vehicle or combination of vehicles has a
2-18 gross weight, registered weight, or gross weight rating of more
2-19 than 26,000 pounds;
2-20 (B) the vehicle is designed to transport more
2-21 than 15 passengers, including the driver; or
2-22 (C) the vehicle is used to transport hazardous
2-23 materials in a quantity requiring placarding by a regulation issued
2-24 under the Hazardous Materials Transportation Act (49 U.S.C. Section
2-25 1801 et seq.).
2-26 (2) "Commission" means the Public Safety Commission.
2-27 (3) "Conservation commission" means the Texas Natural
2-28 Resource Conservation Commission.
2-29 (4) "Department" means the Department of Public
2-30 Safety.
2-31 (5) "Farm vehicle" has the meaning assigned by the
2-32 federal motor carrier safety regulations.
2-33 (6) [(5)] "Federal motor carrier safety regulation"
2-34 has the meaning assigned by Section 549.001.
2-35 (7) [(6)] "Inspection station" means a facility
2-36 certified to conduct inspections of vehicles under this chapter.
2-37 (8) [(7)] "Inspector" means an individual certified to
2-38 conduct inspections of vehicles under this chapter.
2-39 (9) "Nonattainment area" means an area so designated
2-40 within the meaning of Section 107(d) of the Clean Air Act (42
2-41 U.S.C. Section 7407).
2-42 SECTION 4. Section 548.251, Transportation Code, is amended
2-43 to read as follows:
2-44 Sec. 548.251. DEPARTMENT TO PROVIDE INSPECTION CERTIFICATES
2-45 AND VERIFICATION FORMS. The department shall provide serially
2-46 numbered inspection certificates and verification forms to
2-47 inspection stations. The department may issue a unique inspection
2-48 certificate for:
2-49 (1) a commercial motor vehicle inspected under Section
2-50 548.201; or
2-51 (2) a vehicle inspected under Subchapter F [Section
2-52 548.301(a)].
2-53 SECTION 5. Section 548.301, Transportation Code, is amended
2-54 to read as follows:
2-55 Sec. 548.301. COMMISSION TO ESTABLISH PROGRAM. (a) The
2-56 commission shall establish a motor vehicle emissions inspection and
2-57 maintenance program for vehicles as [registered in a county for
2-58 which the conservation commission has adopted a resolution
2-59 requesting the department to establish such a program if:]
2-60 [(1) the county does not meet the national ambient air
2-61 quality standards for ozone, carbon monoxide, or another
2-62 vehicle-related pollutant; or]
2-63 [(2) the program is] required [in the county] by any
2-64 law of the United States or[, including] the state's [Texas] air
2-65 quality state implementation plan.
2-66 (b) The commission by rule may establish a motor vehicle
2-67 emissions inspection and maintenance program for vehicles specified
2-68 by the conservation commission [registered] in a county for which
2-69 the conservation commission has adopted a resolution requesting the
3-1 commission [department] to establish such a program and for which
3-2 the county and the municipality with the largest population in the
3-3 county by resolution have formally requested a proactive air
3-4 quality plan consisting of such a program.
3-5 (c) A program established under Subsection (b) may not
3-6 include reregistration-based [registration-based] enforcement
3-7 unless the county by resolution requests reregistration-based
3-8 enforcement [Texas Department of Transportation includes the
3-9 program in its registration enforcement system].
3-10 (d) A vehicle emissions inspection under this section may be
3-11 performed by the same facility that performs a safety inspection if
3-12 the facility is authorized and certified by the department to
3-13 perform the vehicle emissions inspection and certified by the
3-14 department to perform the safety inspection.
3-15 SECTION 6. Section 548.302, Transportation Code, is amended
3-16 to read as follows:
3-17 Sec. 548.302. COMMISSION TO ADOPT STANDARDS. The commission
3-18 shall:
3-19 (1) adopt standards for emissions-related inspection
3-20 criteria consistent with requirements of the United States and the
3-21 conservation commission applicable to a county in which a program
3-22 is established under this subchapter; and
3-23 (2) develop and impose requirements necessary to
3-24 ensure that an inspection certificate is not issued to a vehicle
3-25 subject to a program established under this subchapter unless the
3-26 vehicle has passed a motor vehicle emissions inspection at a
3-27 facility authorized and certified by the department [Section
3-28 548.301].
3-29 SECTION 7. Section 548.303, Transportation Code, is amended
3-30 to read as follows:
3-31 Sec. 548.303. PROGRAM ADMINISTRATION. [(a)] The commission
3-32 shall administer the motor vehicle emissions inspection and
3-33 maintenance program under this subchapter [until the date a vehicle
3-34 emissions inspection program administered by the conservation
3-35 commission is implemented under the Clean Air Act].
3-36 [(b) The executive director of the conservation commission
3-37 shall notify the commission of the date the conservation
3-38 commission's program will become effective.]
3-39 SECTION 8. Section 548.304, Transportation Code, is amended
3-40 to read as follows:
3-41 Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS
3-42 INSPECTIONS [REINSPECTIONS]. (a) The department [conservation
3-43 commission] may authorize and certify [license] inspection stations
3-44 as necessary to implement the emissions-related inspection
3-45 [reinspection] requirements of the motor vehicle emissions
3-46 inspection and maintenance program established under this
3-47 subchapter if the station meets the department's certification
3-48 requirements [Section 548.301].
3-49 (b) The [At the request of the conservation commission, the]
3-50 department shall provide inspection certificates for distribution
3-51 and issuance at inspection [centralized reinspection] stations
3-52 certified [licensed] by the department [conservation commission].
3-53 [(c) Notwithstanding Section 548.053(a), if an
3-54 emissions-related inspection under Section 548.301 discloses the
3-55 necessity for adjustment, correction, or repair, the conservation
3-56 commission may by rule require that the vehicle be reinspected at a
3-57 specified inspection station authorized and licensed by the
3-58 conservation commission to ensure that the emissions-related
3-59 adjustment, correction, or repair is made.]
3-60 SECTION 9. Subchapter F, Chapter 548, Transportation Code,
3-61 is amended by adding Section 548.306 to read as follows:
3-62 Sec. 548.306. EXCESSIVE MOTOR VEHICLE EMISSIONS. (a) This
3-63 section applies to a motor vehicle registered in:
3-64 (1) a county or a portion of a county designated by
3-65 department rule in accordance with standards provided by the United
3-66 States Environmental Protection Agency; or
3-67 (2) one of the following areas:
3-68 (A) the part of the Dallas/Fort Worth ozone
3-69 nonattainment area that consists of Collin, Dallas, Denton, and
4-1 Tarrant counties;
4-2 (B) the part of the El Paso ozone nonattainment
4-3 area that consists of El Paso County; or
4-4 (C) the part of the Houston/Galveston ozone
4-5 nonattainment area that consists of Brazoria, Chambers, Fort Bend,
4-6 Galveston, Harris, Liberty, Montgomery, and Waller counties.
4-7 (b) The registered owner of a motor vehicle commits an
4-8 offense if the vehicle, in an area described by Subsection (a),
4-9 emits:
4-10 (1) hydrocarbons, carbon monoxide, or nitrogen oxide
4-11 in an amount that is excessive under United States Environmental
4-12 Protection Agency standards or standards provided by department
4-13 rule; or
4-14 (2) another vehicle-related pollutant that is listed
4-15 by a department rule adopted to comply with Part A, National
4-16 Emission Standards Act (42 U.S.C. Sections 7602-7619), or rules of
4-17 the United States Environmental Protection Agency in an amount
4-18 identified as excessive under that rule.
4-19 (c) The department shall provide a notice of violation to
4-20 the registered owner of a vehicle that is detected violating
4-21 Subsection (b). The notice of violation must be made by personal
4-22 delivery to the registered owner or by mailing the notice to the
4-23 registered owner at the last known address of the owner. The
4-24 department shall include in the notice the date and location of the
4-25 violation detected and instructions for the registered owner
4-26 explaining how the owner must proceed to obtain and pass a
4-27 verification emissions inspection and to make any repair to the
4-28 vehicle necessary to pass the inspection. Notice by mail is
4-29 presumed delivered on the 10th day after the date the notice is
4-30 deposited in the mail.
4-31 (d) A registered owner of a vehicle commits an offense if:
4-32 (1) notice is delivered to the owner under Subsection
4-33 (c); and
4-34 (2) the owner fails to comply with any provision of
4-35 the notice before the 31st day after the date the notice is
4-36 delivered.
4-37 (e) An offense under this section is a misdemeanor
4-38 punishable by a fine of not less than $1 and not more than $350.
4-39 If a person has previously been convicted of an offense under this
4-40 section, an offense under this section is a misdemeanor punishable
4-41 by a fine of not less than $200 and not more than $1,000.
4-42 (f) It is an affirmative defense to an offense under this
4-43 section that the registered owner of the vehicle, before the 31st
4-44 day after the date the owner receives a notice of violation:
4-45 (1) after a verification emissions inspection
4-46 indicated that the vehicle did not comply with applicable emissions
4-47 standards, repaired the vehicle as necessary and passed another
4-48 verification emissions inspection; and
4-49 (2) has complied with rules of the department
4-50 concerning a violation under this section.
4-51 (g) The department may contract with a private person to
4-52 implement this section. The person must comply with terms,
4-53 policies, rules, and procedures the department adopts to administer
4-54 this section.
4-55 (h) The Texas Department of Transportation may deny
4-56 reregistration of a vehicle if the registered owner of the vehicle
4-57 has received notification under Subsection (c) and the vehicle has
4-58 not passed a verification emissions inspection.
4-59 SECTION 10. Section 548.405, Transportation Code, is amended
4-60 to read as follows:
4-61 Sec. 548.405. [CAUSE FOR] DENIAL, REVOCATION, OR SUSPENSION
4-62 OF CERTIFICATE. (a) The department may deny a person's
4-63 application for a certificate, revoke or suspend the certificate of
4-64 a person, [an] inspection station, or inspector, place on probation
4-65 a person who holds a suspended certificate, or reprimand a person
4-66 who holds a certificate if:
4-67 (1) the station or inspector conducts an inspection or
4-68 issues a certificate:
4-69 (A) in violation of this chapter [Section
5-1 548.004(c) or Section 548.104]; or
5-2 (B) without complying with the requirements of
5-3 this chapter; [subchapter or of Subchapter H; or]
5-4 (2) the person, [at the] station, or [the] inspector[:]
5-5 [(A)] commits an offense under this chapter;
5-6 (3) the applicant or certificate holder does not meet
5-7 the standards for certification under this chapter or a rule
5-8 adopted under this chapter;
5-9 (4) the station or inspector does not maintain the
5-10 qualifications for certification or does not comply with a
5-11 certification requirement under Subchapter G;
5-12 (5) the certificate holder or the certificate holder's
5-13 agent, employee, or representative commits an act or omission that
5-14 would cause denial, revocation, or suspension of a certificate to
5-15 an individual applicant or certificate holder;
5-16 (6) the station or inspector does not pay a fee
5-17 required by Subchapter H; or
5-18 (7) the inspector or owner of an inspection station is
5-19 convicted of a:
5-20 (A) felony or Class A or Class B misdemeanor;
5-21 (B) similar crime under the jurisdiction of
5-22 another state or the federal government that is punishable to the
5-23 same extent as a felony or a Class A or Class B misdemeanor in this
5-24 state; or
5-25 (C) crime under the jurisdiction of another
5-26 state or the federal government that would be a felony or a Class A
5-27 or Class B misdemeanor if the crime were committed in this state
5-28 [Section 548.603; or]
5-29 [(B) falsely and fraudulently represents to a
5-30 vehicle owner or operator that equipment required to be inspected
5-31 must be repaired, adjusted, or replaced before the vehicle will
5-32 pass inspection].
5-33 (b) For purposes of Subsection (a)(7), a person is convicted
5-34 of an offense if a court enters against the person an adjudication
5-35 of the person's guilt, including an order of probation or deferred
5-36 adjudication.
5-37 (c) If the department suspends a certificate because of a
5-38 violation of Subchapter F, the suspension must be for a period of
5-39 not less than six months.
5-40 (d) Until an inspector or inspection station whose
5-41 certificate is suspended or revoked receives a new certificate, has
5-42 the certificate reinstated, or has the suspension expire, the
5-43 inspector or station may not be directly or indirectly involved in
5-44 an inspection operation [The director may deny an application for
5-45 certification, revoke or suspend the certificate of an inspection
5-46 station or inspector, place on probation the holder of a suspended
5-47 certificate, or reprimand the certificate holder for any of the
5-48 following reasons:]
5-49 [(1) proof of unfitness of an applicant or certificate
5-50 holder under standards set out in this chapter or commission rules;]
5-51 [(2) material misrepresentation in an application or
5-52 other information filed under this chapter or commission rule;]
5-53 [(3) failure to maintain the qualifications for
5-54 certification;]
5-55 [(4) issuance of an inspection certificate without
5-56 being certified;]
5-57 [(5) issuance of an inspection certificate without
5-58 having made an inspection of the vehicle or without an adjustment,
5-59 correction, or repair having been made after an inspection
5-60 disclosed the necessity for the adjustment, correction, or repair;]
5-61 [(6) knowing or wilful issuance of an inspection
5-62 certificate for a vehicle without each required item of inspection
5-63 or with an item that was not in good condition and in compliance
5-64 with state law and commission rules;]
5-65 [(7) refusal to allow the owner of a vehicle to have a
5-66 required adjustment or correction made by a qualified person the
5-67 owner chooses;]
5-68 [(8) the charging of more than the authorized
5-69 inspection fee;]
6-1 [(9) an act or omission by the certificate holder or
6-2 the holder's agent, employee, or representative that would cause
6-3 denial, revocation, or suspension of a certificate to the
6-4 individual applicant or certificate holder; or]
6-5 [(10) wilful failure to comply with this chapter or a
6-6 rule adopted under this chapter].
6-7 SECTION 11. Section 548.407, Transportation Code, is amended
6-8 to read as follows:
6-9 Sec. 548.407. HEARING ON [BEFORE] DENIAL, REVOCATION, OR
6-10 SUSPENSION OF CERTIFICATE. (a) Before [Not earlier than the 31st
6-11 day before the date] an application for certification as an
6-12 inspection station or inspector is denied [or a certificate is
6-13 revoked or suspended], the director or a person the director
6-14 designates shall give [notify] the person written notification[, in
6-15 writing, in person, or by certified mail to the last address given
6-16 to the department by the person,] of:
6-17 (1) the proposed [impending] denial[, revocation, or
6-18 suspension];
6-19 (2) each reason for the proposed denial [action]; and
6-20 (3) the person's right to an administrative hearing to
6-21 determine whether the evidence warrants the denial [action].
6-22 (b) Before a certificate of appointment as an inspector or
6-23 inspection station is revoked or suspended, the director or a
6-24 person the director designates shall give written notification to
6-25 the inspector or inspection station of the revocation or the period
6-26 of suspension. The notice shall include:
6-27 (1) the effective date of the revocation or the period
6-28 of the suspension, as applicable;
6-29 (2) each reason for the revocation or suspension; and
6-30 (3) a statement explaining the person's right to an
6-31 administrative hearing to determine whether the evidence warrants
6-32 the revocation or suspension.
6-33 (c) Notice under Subsection (a) or (b) must be made by
6-34 personal delivery or by mail to the last address given to the
6-35 department by the person.
6-36 (d) The department may provide that a revocation or
6-37 suspension takes effect on receipt of notice under Subsection (b)
6-38 if the department finds that the action is necessary to prevent or
6-39 remedy a threat to public health, safety, or welfare. Violations
6-40 that present a threat to public health, safety, or welfare include:
6-41 (1) issuing an inspection certificate with knowledge
6-42 that the issuance is in violation of this chapter or rules adopted
6-43 under this chapter;
6-44 (2) falsely or fraudulently representing to the owner
6-45 or operator of a vehicle that equipment inspected or required to be
6-46 inspected must be repaired, adjusted, or replaced for the vehicle
6-47 to pass an inspection;
6-48 (3) issuing an inspection certificate:
6-49 (A) without authorization to issue the
6-50 certificate; or
6-51 (B) without inspecting the vehicle;
6-52 (4) issuing an inspection certificate for a vehicle
6-53 with knowledge that the vehicle has not been repaired, adjusted, or
6-54 corrected after an inspection has shown a repair, adjustment, or
6-55 correction to be necessary;
6-56 (5) knowingly issuing an inspection certificate:
6-57 (A) for a vehicle without conducting an
6-58 inspection of each item required to be inspected; or
6-59 (B) for a vehicle that is missing an item
6-60 required to be inspected or that has an item required to be
6-61 inspected that is not in compliance with state law or department
6-62 rules;
6-63 (6) refusing to allow a vehicle's owner to have a
6-64 qualified person of the owner's choice make a required repair,
6-65 adjustment, or correction;
6-66 (7) charging for an inspection an amount greater than
6-67 the authorized fee;
6-68 (8) a violation of Subchapter F;
6-69 (9) a violation of Section 548.603; or
7-1 (10) a conviction of a felony or a Class A or B
7-2 misdemeanor that directly relates to or affects the duties or
7-3 responsibilities of a vehicle inspection station or inspector or a
7-4 conviction of a similar crime under the jurisdiction of another
7-5 state or the federal government.
7-6 (e) For purposes of Subsection (d)(10), a person is
7-7 convicted of an offense if a court enters against the person an
7-8 adjudication of the person's guilt, including an order of probation
7-9 or deferred adjudication.
7-10 (f) To obtain an administrative hearing on a denial,
7-11 suspension, or revocation under this section, a person must submit
7-12 a written request for a hearing to the director not later than the
7-13 20th day after the date notice is delivered personally or is mailed
7-14 [given in person or is deposited in the United States mail as
7-15 provided by Subsection (a)].
7-16 (g) [(c)] If the director receives a timely request under
7-17 Subsection (f), the director shall provide the person with an
7-18 opportunity for a hearing as soon as practicable. A hearing on a
7-19 revocation or suspension under Subsection (d) that takes effect on
7-20 receipt of the notice must be held not later than 14 days after the
7-21 department receives the request for hearing. The revocation or
7-22 suspension continues in effect until the hearing is completed if
7-23 the hearing is continued beyond the 14-day period:
7-24 (1) at the request of the inspector or inspection
7-25 station; or
7-26 (2) on a finding of good cause by a judge,
7-27 administrative law judge, or hearing officer.
7-28 (h) If the director does not receive a timely request under
7-29 Subsection (f), the director may deny the application, revoke or
7-30 suspend a certificate, or sustain the revocation or suspension of a
7-31 certificate [act] without a hearing.
7-32 (i) Except as provided by Subsection (g), the [(d) The]
7-33 hearing must be held not earlier than the 11th day after the date
7-34 written notice of the hearing and[, including] a copy of the
7-35 charges[,] is given to the person by personal service or by
7-36 certified mail to the last address given to the department by the
7-37 person.
7-38 (j) [(e)] The director or a person designated by the
7-39 director shall conduct the hearing and may administer oaths and
7-40 issue subpoenas for the attendance of witnesses and the production
7-41 of relevant books, papers, or documents. If the hearing is
7-42 conducted by a person designated by the director, the director may
7-43 take action under this section on a recommendation of the
7-44 designated person.
7-45 (k) [(f)] On the basis of the evidence submitted at the
7-46 hearing, the director may deny the application or revoke or suspend
7-47 the certificate.
7-48 (l) If in conducting a hearing under this section an
7-49 administrative law judge of the State Office of Administrative
7-50 Hearings makes a proposal for a decision to deny an application or
7-51 to suspend or revoke a certificate, the administrative law judge
7-52 shall include in the proposal a finding of the costs, fees,
7-53 expenses, and reasonable and necessary attorney's fees the state
7-54 incurred in bringing the proceeding. The director may adopt the
7-55 finding and make the finding a part of the final order entered in
7-56 the proceeding. Proceeds collected from a finding made under this
7-57 subsection shall be deposited in a special account in the general
7-58 revenue fund that may be appropriated only to the attorney general.
7-59 SECTION 12. Section 548.505, Transportation Code, is amended
7-60 to read as follows:
7-61 Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The
7-62 department by rule may impose [commission may by rule establish] an
7-63 inspection fee for a vehicle inspected under Section 548.301(a) in
7-64 addition to the fee provided by Section 548.501, 548.502, [or]
7-65 548.503, or 548.504. A fee imposed under this subsection must be
7-66 based on the costs of:
7-67 (1) producing certificates;
7-68 (2) providing inspections; and
7-69 (3) administering the program [for a vehicle inspected
8-1 under Section 548.301(a)].
8-2 (b) The department may provide a maximum fee for an
8-3 inspection under this subchapter. The department may not set a
8-4 minimum fee for an inspection under this subchapter [additional fee
8-5 may not exceed:]
8-6 [(1) $5 if only a parameter program is established; or]
8-7 [(2) $10 if a program other than the parameter program
8-8 is established under requirements of the United States.]
8-9 [(c) If an inspection under Section 548.501 or Section
8-10 548.503 is not performed when an inspection is performed under
8-11 Section 548.301(a), the only fee due is the fee authorized by this
8-12 section.]
8-13 [(d) The conservation commission shall:]
8-14 [(1) pay to the department an amount equal to the cost
8-15 of producing certificates provided to centralized reinspection
8-16 stations under Section 548.304;]
8-17 [(2) establish a reinspection fee; and]
8-18 [(3) implement procedures governing the tracking of
8-19 certificates and the refunding of the cost of unissued certificates
8-20 provided to reinspection stations].
8-21 SECTION 13. Section 548.601, Transportation Code, is amended
8-22 to read as follows:
8-23 Sec. 548.601. OFFENSE GENERALLY. (a) A person, including
8-24 an inspector or an inspection station, [who operates a motor
8-25 vehicle in violation of this chapter or a rule adopted under this
8-26 chapter] commits an offense if the person:
8-27 (1) issues an inspection certificate with knowledge
8-28 that the issuance is in violation of this chapter or rules adopted
8-29 under this chapter;
8-30 (2) falsely or fraudulently represents to the owner or
8-31 operator of a vehicle that equipment inspected or required to be
8-32 inspected must be repaired, adjusted, or replaced for the vehicle
8-33 to pass an inspection;
8-34 (3) misrepresents:
8-35 (A) material information in an application in
8-36 violation of Section 548.402 or 548.403; or
8-37 (B) information filed with the department under
8-38 this chapter or as required by department rule;
8-39 (4) issues an inspection certificate:
8-40 (A) without authorization to issue the
8-41 certificate; or
8-42 (B) without inspecting the vehicle;
8-43 (5) issues an inspection certificate for a vehicle
8-44 with knowledge that the vehicle has not been repaired, adjusted, or
8-45 corrected after an inspection has shown a repair, adjustment, or
8-46 correction to be necessary;
8-47 (6) knowingly issues an inspection certificate:
8-48 (A) for a vehicle without conducting an
8-49 inspection of each item required to be inspected; or
8-50 (B) for a vehicle that is missing an item
8-51 required to be inspected or that has an item required to be
8-52 inspected that is not in compliance with state law or department
8-53 rules;
8-54 (7) refuses to allow a vehicle's owner to have a
8-55 qualified person of the owner's choice make a required repair,
8-56 adjustment, or correction; or
8-57 (8) charges for an inspection an amount greater than
8-58 the authorized fee.
8-59 (b) Unless otherwise specified in this chapter, an offense
8-60 under this section is a Class C [that is a] misdemeanor.
8-61 (c) A designated representative of the department may issue
8-62 a notice of an offense or a notice to appear to a person, including
8-63 an inspector or inspection station, who violates this chapter or a
8-64 rule adopted under this chapter.
8-65 [(b) This section does not apply to operation of a vehicle
8-66 that is:]
8-67 [(1) licensed in another state; and]
8-68 [(2) being temporarily and legally operated under a
8-69 reciprocity agreement.]
9-1 SECTION 14. Subsection (a), Section 548.602, Transportation
9-2 Code, is amended to read as follows:
9-3 (a) After the fifth day after the date of expiration of the
9-4 period designated for inspection, a person may not operate:
9-5 (1) a motor vehicle registered in this state unless a
9-6 current [an] inspection certificate is displayed on the vehicle; or
9-7 (2) a commercial motor vehicle registered in this
9-8 state unless it is equipped as required by federal motor carrier
9-9 safety regulations and displays an inspection certificate issued
9-10 under the program established under Section 548.201.
9-11 SECTION 15. Section 548.603, Transportation Code, is amended
9-12 to read as follows:
9-13 Sec. 548.603. [DISPLAY OF] FICTITIOUS OR COUNTERFEIT
9-14 INSPECTION CERTIFICATE OR INSURANCE DOCUMENT. (a) A person
9-15 commits an offense if the person:
9-16 (1) displays [or causes or permits to be displayed] an
9-17 inspection certificate or insurance document knowing that the
9-18 certificate or document is counterfeit, tampered with, altered, [it
9-19 to be] fictitious, issued for another vehicle, or issued in
9-20 violation of:
9-21 (A) this chapter, rules adopted under this
9-22 chapter, or other law of this state; or
9-23 (B) a law of another state, the United States,
9-24 the United Mexican States, a state of the United Mexican States,
9-25 Canada, or a province of Canada; [without the required inspection
9-26 having been made; or]
9-27 (2) transfers an inspection certificate from a
9-28 windshield or location to another windshield or location;
9-29 (3) with intent to circumvent the emissions inspection
9-30 requirements seeks an inspection of a vehicle at a station not
9-31 certified to perform an emissions inspection if the person knows
9-32 that the vehicle is required to be inspected under Section 548.301;
9-33 (4) knowingly does not comply with an emissions
9-34 inspection requirement for a vehicle; or
9-35 (5) displays on a vehicle an inspection certificate
9-36 that was obtained knowing that the vehicle does not meet all
9-37 emissions inspection requirements for the vehicle.
9-38 (b) A person commits an offense if the person:
9-39 (1) makes or possesses, with the intent to sell,
9-40 circulate, or pass, a counterfeit inspection certificate or
9-41 insurance document; or
9-42 (2) possesses any part of a stamp, dye, plate,
9-43 negative, machine, or other device that is used or designated for
9-44 use in making a counterfeit inspection certificate or insurance
9-45 document.
9-46 (c) The owner of a vehicle commits an offense if the owner
9-47 knowingly allows the vehicle to be registered or[:]
9-48 [(1) is] operated while the vehicle [or parked on a
9-49 public highway; and]
9-50 [(2)] displays an inspection certificate in violation
9-51 of Subsection (a).
9-52 (d) An [(c) Except as provided by Subsection (d), an]
9-53 offense under Subsection (a) or (c) is a Class B misdemeanor. An
9-54 offense under Subsection (b) is a third degree felony unless the
9-55 person acts with the intent to defraud or harm another person, in
9-56 which event the offense is a second degree felony.
9-57 (e) In this section:
9-58 (1) "Counterfeit" means an imitation of a document
9-59 that is printed, engraved, copied, photographed, forged, or
9-60 manufactured by a person not authorized to take that action under:
9-61 (A) this chapter, rules adopted under this
9-62 chapter, or other law of this state; or
9-63 (B) a law of another state, the United States,
9-64 the United Mexican States, a state of the United Mexican States,
9-65 Canada, or a province of Canada.
9-66 (2) "Inspection certificate" means a document that is
9-67 printed, manufactured, or made by the department or an authorized
9-68 agent of the department for issuance after a vehicle passes an
9-69 inspection performed under this chapter.
10-1 (3) "Insurance document" means a standard proof of
10-2 motor vehicle insurance coverage that is:
10-3 (A) in a form prescribed by the Texas Department
10-4 of Insurance or by a similarly authorized board, agency, or
10-5 authority of another state; and
10-6 (B) issued by an insurer or insurer's agent who
10-7 is authorized to write motor vehicle insurance coverage.
10-8 (4) "Person" includes an inspection station or
10-9 inspector [punishable by a fine of not less than $100 or more than
10-10 $200.]
10-11 [(d) An offense under Subsection (a) is a Class B
10-12 misdemeanor if:]
10-13 [(1) the certificate is a motor vehicle emissions
10-14 inspection certificate; and]
10-15 [(2) the owner of the vehicle knows the certificate is
10-16 in violation of Subsection (a)].
10-17 (f) [(e)] A motor vehicle on which [is displayed] a vehicle
10-18 emissions inspection certificate is displayed in violation of
10-19 Subsection (a) and that is operated or parked on a public roadway
10-20 may be impounded by a peace officer or other authorized employee of
10-21 this state or a political subdivision of this state in which the
10-22 vehicle is operated or parked.
10-23 SECTION 16. Subchapter C, Chapter 552, Government Code, is
10-24 amended by adding Section 552.127 to read as follows:
10-25 Sec. 552.127. MOTOR VEHICLE INSPECTION INFORMATION. A
10-26 record created during a motor vehicle emissions inspection under
10-27 Subchapter F, Chapter 548, Transportation Code, that relates to an
10-28 individual vehicle or owner of an individual vehicle is excepted
10-29 from the requirements of Section 552.021.
10-30 SECTION 17. (a) In addition to the substantive changes made
10-31 by this Act, this Act conforms:
10-32 (1) Section 548.001, Transportation Code, to Section
10-33 25, Chapter 705, Acts of the 74th Legislature, 1995;
10-34 (2) Section 548.301, Transportation Code, to Section
10-35 8, Chapter 34, Acts of the 74th Legislature, 1995;
10-36 (3) Section 548.304, Transportation Code, to Sections
10-37 6 and 8, Chapter 34, Acts of the 74th Legislature, 1995; and
10-38 (4) Section 548.603, Transportation Code, to Section
10-39 7, Chapter 34, Acts of the 74th Legislature, 1995.
10-40 (b) To the extent of any conflict, this Act prevails over
10-41 another Act of the 75th Legislature, Regular Session, 1997, that
10-42 relates to nonsubstantive additions to and corrections in enacted
10-43 codes, except for an amendment to Subdivision (5), Section 548.001,
10-44 Transportation Code, made by such an Act.
10-45 SECTION 18. The following are repealed:
10-46 (1) Subsection (a-1), Section 382.037, and Section
10-47 382.0371, Health and Safety Code;
10-48 (2) Subsection (c), Section 548.256, and Section
10-49 548.305, Transportation Code;
10-50 (3) Section 25, Chapter 705, Acts of the 74th
10-51 Legislature, 1995; and
10-52 (4) Sections 6, 7, and 8, Chapter 34, Acts of the 74th
10-53 Legislature, 1995.
10-54 SECTION 19. (a) Sections 1 through 18 of this Act take
10-55 effect September 1, 1997, or 60 days after the effective date of
10-56 this section, whichever is later.
10-57 (b) The changes in law made by this Act apply only to an
10-58 offense committed or a violation of a statute or agency rule that
10-59 occurs on or after the effective date of the provision of this Act
10-60 that makes the changes in law. For purposes of this section, an
10-61 offense occurs, or a violation of a statute or agency rule occurs,
10-62 before the effective date of this Act if any element of the offense
10-63 or violation occurs before that date, and the former law is
10-64 continued in effect for that purpose.
10-65 (c) This section takes effect immediately.
10-66 SECTION 20. The importance of this legislation and the
10-67 crowded condition of the calendars in both houses create an
10-68 emergency and an imperative public necessity that the
10-69 constitutional rule requiring bills to be read on three several
11-1 days in each house be suspended, and this rule is hereby suspended,
11-2 and that this Act take effect and be in force according to its
11-3 terms, and it is so enacted.
11-4 * * * * *