HBA-DMD, KMH H.B. 2794 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2794 By: Gutierrez Public Safety 7/30/1999 Enrolled BACKGROUND AND PURPOSE The Department of Public Safety (DPS) enforces vehicle safety inspection procedures and retains vehicle inspection information. Prior to the 76th Legislature, the management of vehicle data and reporting and monitoring functions were done manually, which was extremely time consuming and labor intensive for DPS and the inspection station. Additionally, the retention schedule for these records was 18 months, after which any vehicle inspection information contained on the records was no longer maintained. H.B. 2794 requires DPS to automate the data collection process and authorizes DPS to charge participating inspection stations a transferable fee for assisting DPS in automation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 548, Transportation Code, by adding Section 548.006, as follows: Sec. 548.006. AUTOMATION OF INSPECTION PROCEDURES. (a) Requires the Department of Public Safety (DPS) to develop and administer procedures to automate the compulsory motor vehicle inspection system under this chapter. (b) Authorizes DPS to require an applicant to participate in the automated inspection system, as a condition of certifying a location as an inspection station under this chapter. (c) Provides that the automated inspection system developed by DPS must include password security protection for each inspector who accesses the system. Authorizes DPS to require the applicant, as a condition of certification, to agree that the person's automated password is equivalent, for inspection purposes, to the person's written signature, and on certification and for all purposes, the person is legally responsible for any inspection performed under the person's automated password. SECTION 2. Amends Subchapter H, Chapter 548, Transportation Code, by adding Section 548.508, as follows: Sec. 548.508. FEES FOR AUTOMATED INSPECTION SYSTEM. (a) Authorizes DPS to charge a fee not to exceed two dollars, in addition to other authorized fees, to an inspection station participating in the automation system under Section 548.006 and authorizes the participating station to include the fee with other inspection fees. (b) Authorizes DPS to use the collected fees only for development and administration of the automated inspection system under Section 548.006. (c) Authorizes DPS to impose the additional fee authorized by Subsection (a) only in a county all or part of which participates in this program. (d) Requires DPS, in any fiscal year, if the amount DPS receives from the additional fees authorized by Subsection (b) exceeds DPS's cost in developing and administering the automated inspection system in that year, to deposit the excess to the credit of the account established for the payment of the principal of and interest on bonds authorized by Section 222.035, Transportation Code, as added by Senate Bill No. 966, Acts of the 76th Legislature, Regular Session, 1999. (e) Sets forth that this section expires September 1, 2004. SECTION 3. (a) Effective date: September 1, 1999. (b) Provides that Section 548.508(d), Transportation Code, as added by this Act, takes effect only if S.B. No. 966, Acts of the 76th Legislature, Regular Session, 1999, is enacted and becomes law and the Texas Transportation Commission issues bonds under that law. Provides that if the Texas Transportation Commission does not issue bonds under that law, Section 548.508(d), Transportation Code, as added by this Act, has no effect. SECTION 4. Emergency clause.