HBA-KMH H.B. 2794 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2794
By: Gutierrez
Public Safety
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

The Department of Public Safety (DPS) enforces vehicle safety inspection
procedures and retains vehicle inspection information. The management of
vehicle data and reporting and monitoring functions are done manually,
which is extremely time consuming and labor intensive for DPS and the
inspection station.  Additionally, the retention schedule for these records
is 18 months, after which any vehicle inspection information contained on
the records is no longer maintained.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.  Provides that DPS
may 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.  Authorizes DPS to use the collected fees only
for development and administration of the automated inspection system under
Section 548.006. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.