By Chisum H.B. No. 1550
76R2357 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of motor vehicle emissions; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 382, Health and Safety Code, is amended
1-6 by adding Subchapter G and Sections 382.037-382.039, Health and
1-7 Safety Code, are transferred to new Subchapter G, renumbered as
1-8 Sections 382.202-382.208, and amended to read as follows:
1-9 SUBCHAPTER G. VEHICLE EMISSIONS
1-10 Sec. 382.201. DEFINITIONS. In this subchapter:
1-11 (1) "Affected county" means a county with a motor
1-12 vehicle emissions inspection and maintenance program established
1-13 under Section 548.301, Transportation Code.
1-14 (2) "Commercial vehicle" means a vehicle that is owned
1-15 or leased in the regular course of business of a commercial or
1-16 business entity.
1-17 (3) "Fleet vehicle" means a motor vehicle operated as
1-18 one of a group that consists of more than 10 motor vehicles and
1-19 that is owned and operated by a public or commercial entity or by a
1-20 private entity other than a single household.
1-21 (4) "Participating county" means a county in which the
1-22 commissioners court by resolution has chosen to implement a
1-23 low-income vehicle repair assistance and accelerated vehicle
1-24 retirement program authorized by Section 382.209.
2-1 (5) "Vehicle" includes a fleet vehicle.
2-2 Sec. 382.202 [382.037]. VEHICLE EMISSIONS INSPECTION AND
2-3 MAINTENANCE PROGRAM. (a) The commission by resolution may request
2-4 the Public Safety Commission to establish a vehicle emissions
2-5 inspection and maintenance program under Subchapter F, Chapter 548,
2-6 Transportation Code, in accordance with this section and rules
2-7 adopted under this section. The commission by rule may establish,
2-8 implement, and administer a program requiring emissions-related
2-9 inspections of motor vehicles to be performed at inspection
2-10 facilities consistent with the requirements of the federal Clean
2-11 Air Act (42 U.S.C. Section 7401 et seq.) and its subsequent
2-12 amendments.
2-13 (b) The commission by rule may require emissions-related
2-14 inspection and maintenance of land vehicles, including testing
2-15 exhaust emissions, examining emission control devices and systems,
2-16 verifying compliance with applicable standards, and other
2-17 requirements as provided by federal law or regulation.
2-18 (c) If the program is established under this section, the
2-19 commission:
2-20 (1) shall adopt vehicle emissions inspection and
2-21 maintenance requirements for certain areas as required by federal
2-22 law or regulation; and
2-23 (2) may adopt vehicle emissions inspection and
2-24 maintenance requirements for counties not subject to a specific
2-25 federal requirement in response to a formal request by resolutions
2-26 adopted by the county and the most populous municipality within the
2-27 county according to the most recent federal decennial census.
3-1 (d) On adoption of a resolution by the commission and after
3-2 proper notice, the Department of Public Safety of the State of
3-3 Texas shall implement a system that requires, as a condition of
3-4 obtaining a safety inspection certificate issued under Subchapter
3-5 C, Chapter 548, Transportation Code, in a county that is included
3-6 in a vehicle emissions inspection and maintenance program under
3-7 Subchapter F of that chapter, that the vehicle, unless the vehicle
3-8 is not covered by the system, be annually or biennially inspected
3-9 under the vehicle emissions inspection and maintenance program as
3-10 required by the state's air quality state implementation plan. The
3-11 Department of Public Safety shall implement such a system when it
3-12 is required by any provision of federal or state law, including any
3-13 provision of the state's air quality state implementation plan.
3-14 (e) The commission may assess fees for vehicle
3-15 emissions-related inspections performed at inspection or
3-16 reinspection facilities authorized and licensed by the commission
3-17 in amounts reasonably necessary to recover the costs of developing,
3-18 administering, evaluating, and enforcing the vehicle emissions
3-19 inspection and maintenance program. If the program relies on
3-20 privately operated or contractor-operated inspection or
3-21 reinspection stations, an appropriate portion of the fee as
3-22 determined by commission rule may be retained by the station owner
3-23 or operator to recover the cost of performing the inspections and
3-24 provide a reasonable margin of profit. Any portion of the fee
3-25 collected by the commission is a Clean Air Act fee under Section
3-26 382.0622.
3-27 (f) The commission shall examine the efficacy of annually
4-1 inspecting diesel vehicles for compliance with applicable federal
4-2 emission standards, compliance with an opacity or other
4-3 emissions-related standard established by commission rule, or both
4-4 and shall implement that inspection program if the commission
4-5 determines the program would minimize emissions. For purposes of
4-6 this subsection, a diesel engine not used in a vehicle registered
4-7 for use on public highways is not a diesel vehicle.
4-8 (g) The commission may not establish vehicle fuel content
4-9 standards to provide for vehicle fuel content for clean motor
4-10 vehicle fuels other than those standards promulgated by the United
4-11 States Environmental Protection Agency unless specifically
4-12 authorized by the legislature or unless it is demonstrated to be
4-13 necessary for the attainment of federal ozone ambient air quality
4-14 standards or, following appropriate health studies and in
4-15 consultation with the Texas Department of Health, it is determined
4-16 to be necessary for the protection of public health.
4-17 (h) [(k)] The commission by rule may establish classes of
4-18 vehicles that are exempt from vehicle emissions inspections and by
4-19 rule may establish procedures to allow and review petitions for the
4-20 exemption of individual vehicles, according to criteria established
4-21 by commission rule. Rules adopted by the commission under this
4-22 subsection must be consistent with federal law. The commission by
4-23 rule may establish fees to recover the costs of administering this
4-24 subsection. Fees collected under this subsection shall be
4-25 deposited to the credit of the clean air account, an account in the
4-26 general revenue fund, and may be used only for the purposes of this
4-27 section.
5-1 (i) [(m)] Except as provided by this subsection, a person
5-2 who sells or transfers ownership of a motor vehicle for which a
5-3 vehicle emissions inspection certificate has been issued is not
5-4 liable for the cost of emission control system repairs that are
5-5 required for the vehicle subsequently to receive an emissions
5-6 inspection certificate. This subsection does not apply to repairs
5-7 that are required because emission control equipment or devices on
5-8 the vehicle were removed or tampered with before the sale or
5-9 transfer of the vehicle.
5-10 (j) [(n)] The commission may conduct audits to determine
5-11 compliance with this section.
5-12 Sec. 382.203 [382.0372]. VEHICLES SUBJECT TO PROGRAM;
5-13 EXEMPTIONS. (a) The inspection and maintenance program applies to
5-14 any gasoline-powered vehicle that is:
5-15 (1) required to be registered in and is primarily
5-16 operated in Dallas, Tarrant, El Paso, or Harris County; and
5-17 (2) at least six [two] and less than 35 [25] years
5-18 old; or
5-19 (3) subject to test-on-resale requirements under
5-20 Section 548.3011, Transportation Code.
5-21 (b) In addition to a vehicle described by Subsection (a),
5-22 the program applies to:
5-23 (1) a vehicle with United States governmental plates
5-24 primarily operated in Dallas, Tarrant, El Paso, or Harris County;
5-25 (2) a vehicle operated on a federal facility in
5-26 Dallas, Tarrant, El Paso, or Harris County; and
5-27 (3) a vehicle primarily operated in Dallas, Tarrant,
6-1 El Paso, or Harris County that is exempt from motor vehicle
6-2 registration requirements or eligible under Chapter 502,
6-3 Transportation Code, to display an "exempt" license plate.
6-4 (c) The Department of Public Safety of the State of Texas
6-5 may waive program requirements, in accordance with standards
6-6 adopted by the commission, for certain vehicles and vehicle owners,
6-7 including:
6-8 (1) the registered owner of a vehicle who:
6-9 (A) cannot afford to comply with the program,
6-10 based on reasonable income standards; and [or]
6-11 (B) has spent at least $600, or a minimum amount
6-12 required to comply with federal law or the Texas air quality state
6-13 implementation plan, whichever amount is greater [a reasonable
6-14 amount of money, set by the commission], to repair the vehicle,
6-15 without bringing the vehicle into compliance with emissions
6-16 standards; [and]
6-17 (2) a vehicle that cannot be brought into compliance
6-18 with emissions standards by performing repairs;
6-19 (3) a vehicle:
6-20 (A) on which at least $100 has been spent to
6-21 bring the vehicle into compliance; and
6-22 (B) that the department:
6-23 (i) can verify was driven fewer than 5,000
6-24 miles since the last safety inspection; and
6-25 (ii) reasonably determines will be driven
6-26 fewer than 5,000 miles during the period before the next safety
6-27 inspection is required; and
7-1 (4) a vehicle for which parts are not readily
7-2 available.
7-3 (d) The program does not apply to a:
7-4 (1) motorcycle;
7-5 (2) slow-moving vehicle as defined by Section 547.001,
7-6 Transportation Code; or
7-7 (3) vehicle that is:
7-8 (A) registered under Section 502.274 or 502.275,
7-9 Transportation Code;
7-10 (B) not regularly used for transportation during
7-11 the normal course of daily activities; and
7-12 (C) not operated primarily in a county or group
7-13 of counties subject to a motor vehicle emissions inspection program
7-14 established under Subchapter F, Chapter 548, Transportation Code
7-15 [circus vehicle].
7-16 Sec. 382.204 [382.0373]. REMOTE SENSING PROGRAM COMPONENT.
7-17 (a) The commission and the Department of Public Safety of the
7-18 State of Texas jointly shall develop a program component for
7-19 enforcing emissions standards by use of remote or automatic
7-20 emissions detection and analysis equipment.
7-21 (b) The program component may be employed in any county
7-22 designated as a nonattainment area within the meaning of Section
7-23 107(d) of the Clean Air Act (42 U.S.C. Section 7407) and its
7-24 subsequent amendments.
7-25 Sec. 382.205 [382.0374]. INSPECTION EQUIPMENT AND
7-26 PROCEDURES. (a) The commission by rule may adopt:
7-27 (1) standards and specifications for motor vehicle
8-1 emissions testing equipment;
8-2 (2) record keeping and reporting procedures; and
8-3 (3) measurable emissions standards a vehicle must meet
8-4 to pass the inspection.
8-5 (b) The Department of Public Safety of the State of Texas by
8-6 rule shall adopt:
8-7 (1) testing procedures in accordance with motor
8-8 vehicle emissions testing equipment specifications; and
8-9 (2) procedures for issuing or denying an emissions
8-10 inspection certificate.
8-11 (c) The commission and the Public Safety Commission by rule
8-12 may allow alternative vehicle emissions testing, including onboard
8-13 diagnostic testing, if:
8-14 (1) the technology provides accurate and reliable
8-15 results;
8-16 (2) the technology is widely and readily available to
8-17 persons interested in performing alternative vehicle emissions
8-18 testing; and
8-19 (3) the use of alternative testing is not likely to
8-20 substantially affect federal approval of the Texas air quality
8-21 state implementation plan.
8-22 Sec. 382.206 [382.0375]. COLLECTION OF DATA; REPORT. (a)
8-23 The commission and the Department of Public Safety of the State of
8-24 Texas may collect inspection and maintenance information derived
8-25 from the emissions inspection and maintenance program, including:
8-26 (1) inspection results;
8-27 (2) inspection station information;
9-1 (3) information regarding vehicles operated on federal
9-2 facilities;
9-3 (4) vehicle registration information; and
9-4 (5) other data the United States Environmental
9-5 Protection Agency requires.
9-6 (b) The commission shall:
9-7 (1) report the information to the United States
9-8 Environmental Protection Agency; and
9-9 (2) compare the information on inspection results with
9-10 registration information for enforcement purposes.
9-11 Sec. 382.207 [382.038]. INSPECTION STATIONS; QUALITY CONTROL
9-12 AUDITS. (a) The Department of Public Safety of the State of Texas
9-13 by rule shall adopt standards and procedures for establishing
9-14 vehicle emissions inspection stations authorized and licensed by
9-15 the state.
9-16 (b) A vehicle emissions inspection may be performed at a
9-17 decentralized independent inspection station or at a centralized
9-18 inspection facility operated or licensed by the state. In
9-19 developing the program for vehicle emissions inspections, the
9-20 Department of Public Safety shall make all reasonable efforts to
9-21 preserve the present decentralized system.
9-22 (c) After consultation with the Texas Department of
9-23 Transportation, the commission shall require state and local
9-24 transportation planning entities designated by the commission to
9-25 prepare long-term projections of the combined impact of significant
9-26 planned transportation system changes on emissions and air quality.
9-27 The projections shall be prepared using air pollution estimation
10-1 methodologies established jointly by the commission and the Texas
10-2 Department of Transportation. This subsection does not restrict
10-3 the Texas Department of Transportation's function as the
10-4 transportation planning body for the state or its role in
10-5 identifying and initiating specific transportation-related projects
10-6 in the state.
10-7 (d) The Department of Public Safety may authorize
10-8 enforcement personnel or other individuals to remove, disconnect,
10-9 adjust, or make inoperable vehicle emissions control equipment,
10-10 devices, or systems and to operate a vehicle in the tampered
10-11 condition in order to perform a quality control audit of an
10-12 inspection station or other quality control activities as necessary
10-13 to assess and ensure the effectiveness of the vehicle emissions
10-14 inspection and maintenance program.
10-15 (e) The Department of Public Safety shall develop a
10-16 challenge station program to provide for the reinspection of a
10-17 motor vehicle at the option of the owner of the vehicle to ensure
10-18 quality control of a vehicle emissions inspection and maintenance
10-19 system.
10-20 (f) The commission may contract with one or more private
10-21 entities to operate a program established under this section.
10-22 (g) In addition to other procedures established by the
10-23 commission, the commission shall establish procedures by which a
10-24 private entity with whom the commission has entered into a contract
10-25 to operate a program established under this section may agree to
10-26 perform:
10-27 (1) testing at a fleet facility or dealership using
11-1 mobile test equipment;
11-2 (2) testing at a fleet facility or dealership using
11-3 test equipment owned by the fleet or dealership but calibrated and
11-4 operated by the private entity's personnel; or
11-5 (3) testing at a fleet facility or dealership using
11-6 test equipment owned and operated by the private entity and
11-7 installed at the fleet or dealership facility.
11-8 (h) The fee for a test conducted as provided by Subsection
11-9 (g) shall be set by the commission in an amount not to exceed twice
11-10 the fee otherwise provided by law or by rule of the commission. An
11-11 appropriate portion of the fee, as determined by the commission,
11-12 may be remitted by the private entity to the fleet facility or
11-13 dealership.
11-14 Sec. 382.208 [382.039]. ATTAINMENT PROGRAM. (a) The
11-15 commission shall coordinate with federal, state, and local
11-16 transportation planning agencies to develop and implement
11-17 transportation programs and other measures necessary to demonstrate
11-18 and maintain attainment of national ambient air quality standards
11-19 and to protect the public from exposure to hazardous air
11-20 contaminants from motor vehicles.
11-21 (b) Participating agencies include the Texas Department of
11-22 Transportation and metropolitan planning organizations designated
11-23 by the governor.
11-24 Sec. 382.209. LOW-INCOME VEHICLE REPAIR ASSISTANCE AND
11-25 ACCELERATED VEHICLE RETIREMENT PROGRAM. (a) The commission, the
11-26 Texas Department of Transportation, and the Public Safety
11-27 Commission by joint rule shall establish and authorize the
12-1 commissioners court of an affected county to implement a low-income
12-2 vehicle repair assistance and accelerated vehicle retirement
12-3 program subject to agency oversight that may include reasonable
12-4 periodic commission audits.
12-5 (b) The rules adopted under Subsection (a) must provide
12-6 procedures for ensuring that a program implemented under authority
12-7 of that subsection does not apply to a vehicle that is:
12-8 (1) registered under Section 502.274 or 502.275,
12-9 Transportation Code; and
12-10 (2) not regularly used for transportation during the
12-11 normal course of daily activities.
12-12 (c) A low-income vehicle repair assistance and accelerated
12-13 vehicle retirement program established under this section shall
12-14 provide monetary or other compensatory assistance for:
12-15 (1) repairs directly related to bringing certain
12-16 vehicles that have failed a required emissions test into compliance
12-17 with emissions requirements; and
12-18 (2) a replacement vehicle for a vehicle that has
12-19 failed a required emissions test and for which the cost of repairs
12-20 needed to bring the vehicle into compliance is uneconomical.
12-21 (d) A vehicle is not eligible to participate in a low-income
12-22 vehicle repair assistance and accelerated vehicle retirement
12-23 program established under this section unless:
12-24 (1) the registration of the vehicle:
12-25 (A) is current; and
12-26 (B) reflects that the vehicle has been
12-27 registered in the county implementing the program for the two years
13-1 preceding the application for participation in the program;
13-2 (2) the commissioners court of the county
13-3 administering the program determines that the vehicle meets the
13-4 eligibility criteria adopted by the commission, the Texas
13-5 Department of Transportation, and the Public Safety Commission; and
13-6 (3) if the vehicle is to be repaired, the repair is
13-7 done by a repair facility recognized by the Texas Department of
13-8 Public Safety.
13-9 (e) A fleet vehicle, a vehicle owned or leased by a
13-10 governmental entity, or a commercial vehicle is not eligible to
13-11 participate in a low-income vehicle repair assistance and
13-12 accelerated vehicle retirement program established and implemented
13-13 under this section.
13-14 (f) A participating county may contract with any appropriate
13-15 entity or with another county for services necessary to implement
13-16 the participating county's low-income vehicle repair assistance and
13-17 accelerated vehicle retirement program.
13-18 (g) Participation by an affected county in a low-income
13-19 vehicle repair assistance and accelerated vehicle retirement
13-20 program is not mandatory. To the extent allowed by federal law,
13-21 any emissions reductions attributable to a low-income vehicle
13-22 repair assistance and accelerated vehicle retirement program in a
13-23 county that are attained during a period before the county is
13-24 designated as a nonattainment county shall be considered emissions
13-25 reductions credit if the county is later determined to be a
13-26 nonattainment county.
13-27 Sec. 382.210. IMPLEMENTATION GUIDELINES. The commission by
14-1 rule shall adopt guidelines to assist a participating county in
14-2 implementing a low-income vehicle repair assistance and accelerated
14-3 vehicle retirement program authorized under Section 382.209. The
14-4 guidelines at a minimum shall recommend:
14-5 (1) a minimum and maximum amount for repair
14-6 assistance;
14-7 (2) a minimum and maximum amount for the purchase
14-8 price of a replacement vehicle qualified for the accelerated
14-9 retirement program;
14-10 (3) criteria for determining eligibility, taking into
14-11 account:
14-12 (A) the vehicle owner's income;
14-13 (B) the fair market value of the vehicle; and
14-14 (C) any other relevant considerations;
14-15 (4) safeguards for preventing fraud in the repair,
14-16 purchase, or sale of a vehicle in the program; and
14-17 (5) procedures for determining the degree and amount
14-18 of repair assistance a vehicle is allowed, based on:
14-19 (A) the amount of money the vehicle owner has
14-20 spent on repairs;
14-21 (B) the vehicle owner's income; and
14-22 (C) any other relevant factors.
14-23 Sec. 382.211. LOCAL ADVISORY PANEL. The commissioners court
14-24 of a participating county may appoint a local advisory panel
14-25 consisting of representatives of automobile dealerships, the
14-26 automotive repair industry, safety inspection facilities, the
14-27 public, and locally affected governments to advise the county
15-1 regarding the operation of the county's low-income vehicle repair
15-2 assistance and accelerated vehicle retirement program.
15-3 Sec. 382.212. EMISSIONS REDUCTION CREDIT. (a) In this
15-4 section, "emissions reduction credit" means an emissions reduction
15-5 certified by the commission that is:
15-6 (1) created by eliminating future emissions,
15-7 quantified during or before the period in which emissions
15-8 reductions are made;
15-9 (2) expressed in tons or partial tons per year; and
15-10 (3) banked by the commission in accordance with
15-11 commission rules relating to emissions banking.
15-12 (b) To the extent allowable under federal law, the
15-13 commission by rule shall authorize:
15-14 (1) the assignment of a percentage of emissions
15-15 reduction credit to a private, commercial, or business entity that
15-16 purchases, for accelerated retirement, a qualified vehicle under a
15-17 low-income vehicle repair assistance and accelerated vehicle
15-18 retirement program;
15-19 (2) the transferability of an assigned emissions
15-20 reduction credit;
15-21 (3) the use of emissions reduction credit by the
15-22 holder of the credit against any state or federal emissions
15-23 requirements applicable to a facility owned or operated by the
15-24 holder of the credit;
15-25 (4) the assignment of a percentage of emissions
15-26 reduction credit, on the retirement of a fleet vehicle, a vehicle
15-27 owned or leased by a governmental entity, or a commercial vehicle,
16-1 to the owner or lessor of the vehicle; and
16-2 (5) other actions relating to the disposition or use
16-3 of emissions reduction credit that the commission determines will
16-4 benefit the implementation of low-income vehicle repair assistance
16-5 and accelerated vehicle retirement programs established under
16-6 Section 382.209.
16-7 Sec. 382.213. DISPOSITION OF RETIRED VEHICLE. A vehicle
16-8 retired under an accelerated vehicle retirement program authorized
16-9 by Section 382.209 may not be resold or reused in its entirety in
16-10 this or another state. The vehicle must be:
16-11 (1) destroyed;
16-12 (2) recycled;
16-13 (3) dismantled and its parts sold as used parts; or
16-14 (4) placed in a storage facility of a program
16-15 established under Section 382.209 and subsequently destroyed,
16-16 recycled, or dismantled and its parts sold or used in the program.
16-17 Sec. 382.214. SALE OF VEHICLE WITH INTENT TO DEFRAUD. (a)
16-18 A person who with intent to defraud sells a vehicle in an
16-19 accelerated vehicle retirement program established under Section
16-20 382.209 commits an offense that is a third-degree felony.
16-21 (b) Sale of a vehicle in an accelerated vehicle retirement
16-22 program includes:
16-23 (1) sale of the vehicle to retire the vehicle under
16-24 the program; and
16-25 (2) sale of a vehicle purchased for retirement under
16-26 the program.
16-27 Sec. 382.215. SALE OF VEHICLE NOT REQUIRED. Nothing in this
17-1 subchapter may be construed to require a vehicle that has failed a
17-2 required emissions test to be sold or destroyed by the owner.
17-3 Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
17-4 VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
17-5 commission, the Texas Department of Transportation, and the Public
17-6 Safety Commission shall:
17-7 (1) encourage the implementation in counties likely to
17-8 exceed federal clean air standards of voluntary:
17-9 (A) motor vehicle emissions inspection and
17-10 maintenance programs; and
17-11 (B) low-income vehicle repair assistance and
17-12 accelerated vehicle retirement programs;
17-13 (2) establish incentives for counties to voluntarily
17-14 implement motor vehicle emissions inspection and maintenance
17-15 programs and low-income vehicle repair and accelerated vehicle
17-16 retirement programs; and
17-17 (3) designate a county that voluntarily implements a
17-18 motor vehicle emissions inspection and maintenance program or a
17-19 low-income vehicle repair assistance and accelerated vehicle
17-20 retirement program as a "Clean Air County" and give preference to
17-21 a county designated as a Clean Air County in any federal or state
17-22 clean air grant program.
17-23 SECTION 2. Section 382.0622(a), Transportation Code, is
17-24 amended to read as follows:
17-25 (a) Clean Air Act fees consist of:
17-26 (1) fees collected by the commission under Sections
17-27 382.062, 382.0621, and 382.202 [382.037] and as otherwise provided
18-1 by law; [and]
18-2 (2) fees collected by a county assessor-collector
18-3 under Section 548.3014, Transportation Code; and
18-4 (3) $2 of each advance payment collected by the
18-5 Department of Public Safety for inspection certificates for
18-6 vehicles other than mopeds under Section 548.501, Transportation
18-7 Code.
18-8 SECTION 3. Subchapter B, Chapter 501, Transportation Code,
18-9 is amended by adding Section 501.0275 to read as follows:
18-10 Sec. 501.0275. DENIAL OF TITLE RECEIPT OR CERTIFICATE OF
18-11 TITLE FOR FAILURE TO PROVIDE PROOF OF EMISSIONS TESTING. A county
18-12 clerk may not issue a title receipt and the commission may not
18-13 issue a certificate of title for a vehicle subject to Section
18-14 548.3011 unless proof that the vehicle has passed a vehicle
18-15 emissions test as required by that section, in a form authorized by
18-16 that section, is presented to the county clerk with the application
18-17 for certificate of title.
18-18 SECTION 4. Section 502.003, Transportation Code, is amended
18-19 by amending Subsection (a) and adding Subsection (e) to read as
18-20 follows:
18-21 (a) Except as provided by Subsections [Subsection] (b) and
18-22 (e), a political subdivision of this state may not require an owner
18-23 of a motor vehicle to:
18-24 (1) register the vehicle;
18-25 (2) pay a motor vehicle registration fee; or
18-26 (3) pay an occupation tax or license fee in connection
18-27 with a motor vehicle.
19-1 (e) This section does not affect the authority of a county
19-2 to impose a registration-based mitigation fee under Section
19-3 548.3013 to fund a low-income vehicle repair assistance and
19-4 accelerated vehicle retirement program established under Section
19-5 382.209, Health and Safety Code.
19-6 SECTION 5. Section 502.009(a), Transportation Code, as added
19-7 by Chapter 1069, Acts of the 75th Legislature, Regular Session,
19-8 1997, is amended to read as follows:
19-9 (a) The Department of Public Safety shall ensure compliance
19-10 with the motor vehicle emissions inspection and maintenance program
19-11 through a vehicle inspection sticker-based enforcement system
19-12 except as provided by this section or Section 548.3011 or 548.3013.
19-13 Subsections (b)-(e) apply only if the United States Environmental
19-14 Protection Agency determines that the state has not demonstrated,
19-15 as required by 40 C.F.R. Section 51.361, that sticker-based
19-16 enforcement of the program is more effective than
19-17 registration-based enforcement and gives the Texas Natural Resource
19-18 Conservation Commission or the governor written notification that
19-19 the reregistration-based enforcement of the program, as described
19-20 by those subsections, will be required. If Subsections (b)-(e) are
19-21 made applicable as provided by this subsection, the department
19-22 shall terminate reregistration-based enforcement of the program
19-23 under those subsections on the date the United States Environmental
19-24 Protection Agency gives the Texas Natural Resource Conservation
19-25 Commission or a person the commission designates written
19-26 notification that reregistration-based enforcement is not required
19-27 for the state implementation plan.
20-1 SECTION 6. Subchapter D, Chapter 502, Transportation Code,
20-2 is amended by adding Sections 502.1535, 502.1695, and 502.1801 to
20-3 read as follows:
20-4 Sec. 502.1535. EVIDENCE OF VEHICLE EMISSIONS INSPECTION. A
20-5 county assessor-collector may not register a motor vehicle subject
20-6 to Section 548.3011 unless proof that the vehicle has passed a
20-7 vehicle emissions test as required by that section, in a form
20-8 authorized by that section, is presented to the county
20-9 assessor-collector with the application for registration.
20-10 Sec. 502.1695. PAYMENT OF MITIGATION FEE REQUIRED. The
20-11 county assessor-collector may not register a motor vehicle subject
20-12 to Section 548.3013 unless the mitigation fee required by that
20-13 section is paid at the time the application for registration is
20-14 submitted to the county assessor-collector.
20-15 Sec. 502.1801. ISSUANCE OF COUNTY IDENTIFICATION LICENSE
20-16 PLATE STICKER. (a) On payment of the appropriate registration fee
20-17 prescribed under this subchapter, the county assessor-collector
20-18 shall issue to an applicant for motor vehicle registration a county
20-19 identification license plate sticker identifying the county in
20-20 which the vehicle is registered.
20-21 (b) A sticker required by Subsection (a) shall be attached
20-22 to the rear license plate of the vehicle in the manner designated
20-23 by the department.
20-24 (c) The department shall design and provide the stickers
20-25 required by Subsection (a) to the county assessor-collector in each
20-26 county at reasonable cost.
20-27 (d) The county assessor-collector may charge an additional
21-1 fee for issuance of a sticker under this section, not to exceed the
21-2 cost of the stickers charged to the county assessor-collector by
21-3 the department.
21-4 SECTION 7. Section 502.404, Transportation Code, is amended
21-5 by adding a new Subsection (e) and relettering existing Subsection
21-6 (e) to read as follows:
21-7 (e) A person commits an offense if the person operates on a
21-8 public highway during a registration period a passenger car or
21-9 commercial motor vehicle without properly displaying a county
21-10 identification license plate sticker issued under Section 502.1801.
21-11 (f) An offense under this section is a misdemeanor
21-12 punishable by a fine not to exceed $200.
21-13 SECTION 8. Section 502.409(a), Transportation Code, is
21-14 amended to read as follows:
21-15 (a) A person commits an offense if the person attaches to or
21-16 displays on a motor vehicle a number plate or registration insignia
21-17 that:
21-18 (1) is assigned to a different motor vehicle;
21-19 (2) is assigned to the vehicle under any other motor
21-20 vehicle law other than by the department;
21-21 (3) is assigned for a registration period other than
21-22 the registration period in effect;
21-23 (4) is fictitious; [or]
21-24 (5) has letters, numbers, or other identification
21-25 marks that because of blurring matter are not plainly visible at
21-26 all times during daylight;
21-27 (6) has a sticker, decal, or other insignias attached
22-1 that is not authorized by law; or
22-2 (7) has a coating, covering, or protective material
22-3 that distorts angular visibility or detectability.
22-4 SECTION 9. Section 548.051(a), Transportation Code, is
22-5 amended to read as follows:
22-6 (a) A motor vehicle, trailer, semitrailer, pole trailer, or
22-7 mobile home, registered in this state, must have the following
22-8 items inspected at an inspection station or by an inspector:
22-9 (1) tires;
22-10 (2) wheel assembly;
22-11 (3) safety guards or flaps, if required by Section
22-12 547.606;
22-13 (4) brake system, including power brake unit;
22-14 (5) steering system, including power steering;
22-15 (6) lighting equipment;
22-16 (7) horns and warning devices;
22-17 (8) mirrors;
22-18 (9) windshield wipers;
22-19 (10) sun screening devices, unless the vehicle is
22-20 exempt from sun screen device restrictions under Section 547.613;
22-21 (11) front seat belts in vehicles on which seat belt
22-22 anchorages were part of the manufacturer's original equipment;
22-23 (12) tax decal, if required by Section 548.104(d)(1);
22-24 (13) exhaust system; [and]
22-25 (14) exhaust emission system;
22-26 (15) fuel tank cap, to be tested by a pressurized test
22-27 using testing equipment approved by department rule; and
23-1 (16) emissions control equipment as designated by
23-2 department rule.
23-3 SECTION 10. Section 548.301(c), Transportation Code, is
23-4 amended to read as follows:
23-5 (c) A program established under Subsection (b) may [not]
23-6 include reregistration-based enforcement [unless the county by
23-7 resolution requests reregistration-based enforcement].
23-8 SECTION 11. Subchapter F, Chapter 548, Transportation Code,
23-9 is amended by adding Sections 548.3011, 548.3012, 548.3013,
23-10 548.3014, and 548.305 to read as follows:
23-11 Sec. 548.3011. EMISSIONS TEST ON RESALE. (a) This section
23-12 applies only to a vehicle:
23-13 (1) the most recent certificate of title for which or
23-14 registration of which was issued in a county without a motor
23-15 vehicle emissions inspection and maintenance program; and
23-16 (2) the ownership of which has changed.
23-17 (b) A vehicle subject to this section is not eligible for a
23-18 title receipt under Section 501.024, a certificate of title under
23-19 Section 501.026, or registration under Chapter 502 in a county
23-20 with a motor vehicle emissions inspection and maintenance program
23-21 unless proof is presented with the application for certificate of
23-22 title or registration, as appropriate, that the vehicle, not
23-23 earlier than the 90th day before the date on which the new owner's
23-24 application for certificate of title or registration is filed with
23-25 the county clerk or county assessor-collector, as appropriate, has
23-26 passed an approved vehicle emissions test in the county in which it
23-27 is to be titled or registered.
24-1 (c) The proof required by Subsection (b) may be in the form
24-2 of a Vehicle Inspection Report (VIR) or other proof of program
24-3 compliance as authorized by the department.
24-4 Sec. 548.3012. EXEMPTION: VEHICLE NOT USED PRIMARILY IN
24-5 COUNTY OF REGISTRATION. (a) This section applies only to a
24-6 vehicle that:
24-7 (1) is to be registered in a county with a motor
24-8 vehicle emissions inspection and maintenance program; and
24-9 (2) will be used in that county for fewer than 60 days
24-10 during the registration period for which registration is sought.
24-11 (b) The owner of a vehicle described by Subsection (a) may
24-12 obtain for that vehicle an exemption from the vehicle emissions
24-13 test requirements of this subchapter by submitting to the county
24-14 assessor-collector an affidavit stating that the named vehicle will
24-15 be used in the county of registration for fewer than 60 calendar
24-16 days during the registration period for which registration is
24-17 sought.
24-18 Sec. 548.3013. PAYMENT OF MITIGATION FEE IN LIEU OF
24-19 EMISSIONS TEST REQUIRED FOR CERTAIN VEHICLES. (a) Except as
24-20 provided by Subsection (d), this section applies only to a vehicle
24-21 that:
24-22 (1) is less than six years old; and
24-23 (2) is to be registered in a county with a motor
24-24 vehicle emissions inspection and maintenance program.
24-25 (b) A vehicle subject to this section:
24-26 (1) must pay a mitigation fee of $10 as a condition of
24-27 registration of the vehicle in a county described by Subsection
25-1 (a)(2); and
25-2 (2) is not required to pass a vehicle emissions
25-3 inspection as a condition of registration of the vehicle in a
25-4 county described by Subsection (a)(2).
25-5 (c) During the time a vehicle is subject to this section,
25-6 the mitigation fee required by Subsection (b)(1) must be paid each
25-7 time the vehicle is registered.
25-8 (d) This section does not apply to a vehicle that is subject
25-9 to the test-on-resale requirements of Section 548.3011.
25-10 Sec. 548.3014. MITIGATION FEE ACCOUNT. (a) In this
25-11 section, "participating county" has the meaning assigned by Section
25-12 382.201, Health and Safety Code.
25-13 (b) A county shall retain in a separate account mitigation
25-14 fees collected under Section 548.3013. The county may use money in
25-15 the account only for:
25-16 (1) the purchase from the department of county
25-17 identification license plate stickers required by Section 502.1801;
25-18 and
25-19 (2) administering and implementing the county's
25-20 low-income vehicle repair assistance and accelerated vehicle
25-21 retirement program if the county is a participating county.
25-22 (c) The county assessor-collector in any county with a motor
25-23 vehicle emissions inspection and maintenance program established
25-24 under Section 548.301 shall pay the cost of the county
25-25 identification license plate stickers required under Section
25-26 502.1801 from the mitigation fee account before:
25-27 (1) using the revenue in the account for administering
26-1 and implementing the county's vehicle repair assistance and
26-2 accelerated retirement program; or
26-3 (2) remitting any of the remainder to the comptroller
26-4 if the county has no low-income repair assistance and accelerated
26-5 vehicle retirement program.
26-6 (d) A participating county may pool mitigation fees with
26-7 another participating county for purposes described by Subsection
26-8 (c)(1).
26-9 (e) A participating county may expend not more than 10
26-10 percent of the mitigation fees collected annually for the county's
26-11 administrative costs attributable to the county's low-income
26-12 vehicle repair assistance and accelerated vehicle retirement
26-13 program.
26-14 (f) Except as provided by Subsection (c), each calendar
26-15 quarter the county assessor-collector shall remit to the
26-16 comptroller mitigation fees collected for the preceding quarter.
26-17 The comptroller shall deposit the mitigation fees to the credit of
26-18 the clean air account, authorized by Section 382.0622, Health and
26-19 Safety Code, to be used for the purposes of that account.
26-20 (g) Notwithstanding any other requirements, the amount of
26-21 funds in a county's mitigation fee account may not exceed an amount
26-22 equal to the product of the number of vehicles registered in the
26-23 county multiplied by the amount of the mitigation fee required by
26-24 Section 548.3013. If the mitigation fee revenues exceed the
26-25 authorized amount, the county assessor-collector shall remit to the
26-26 comptroller any excess mitigation fee revenues to be applied to the
26-27 credit of the clean air account, authorized by Section 382.0622,
27-1 Health and Safety Code, to be used for the purposes of that
27-2 account.
27-3 Sec. 548.305. REQUIREMENT FOR ISSUANCE OF CERTIFICATE OF
27-4 INSPECTION FOR VEHICLES IN CERTAIN COUNTIES. An inspection station
27-5 or inspector may not issue an inspection certificate under this
27-6 chapter for a vehicle with a county identification sticker on the
27-7 license plate indicating the vehicle is registered in a county with
27-8 a motor vehicle emissions inspection and maintenance program unless
27-9 the applicant presents proof in a form prescribed by the department
27-10 that:
27-11 (1) the vehicle has passed the required emissions
27-12 test;
27-13 (2) a mitigation fee has been paid as required by
27-14 Section 548.3013 or the vehicle qualifies for an exemption under
27-15 Section 548.3012;
27-16 (3) the vehicle qualifies for a waiver or time
27-17 extension under Section 382.203, Health and Safety Code, or the
27-18 Texas air quality state implementation plan; or
27-19 (4) the vehicle is exempt from or otherwise not
27-20 subject to the motor vehicle emissions inspection and maintenance
27-21 program.
27-22 SECTION 12. Section 548.306, Transportation Code, is amended
27-23 by adding Subsections (k), (l), (m), and (n) to read as follows:
27-24 (k) A hearing for a citation issued under this section shall
27-25 be heard by a justice of the peace of any precinct in the county in
27-26 which the subject vehicle is registered.
27-27 (l) Enforcement of the remote sensing component of the
28-1 vehicle emissions inspection and maintenance program may not
28-2 involve any method of screening in which the registered owner of a
28-3 vehicle found to have allowable emissions by remote sensing
28-4 technology is charged a fee.
28-5 (m) The department by rule may require that a vehicle
28-6 detected by on-road testing as having excessive emissions be
28-7 assessed an on-road emissions testing fee not to exceed the
28-8 emissions testing fee charged by a certified emissions testing
28-9 facility.
28-10 (n) The department by rule may establish procedures for
28-11 reimbursing a fee imposed under Subsection (m) if the owner
28-12 demonstrates to the department's satisfaction that:
28-13 (1) the vehicle passed an authorized emissions test
28-14 not later than the 30th day after the date the vehicle owner
28-15 received notice that the vehicle was detected as having excessive
28-16 emissions; and
28-17 (2) the vehicle was not repaired between the date of
28-18 detection and the date of the verification emissions test.
28-19 SECTION 13. Sections 548.405(a) and (c), Transportation
28-20 Code, are amended to read as follows:
28-21 (a) The department may deny a person's application for a
28-22 certificate, revoke or suspend the certificate of a person,
28-23 inspection station, or inspector, place on probation a person who
28-24 holds a suspended certificate, or reprimand a person who holds a
28-25 certificate if:
28-26 (1) the station or inspector conducts an inspection,
28-27 fails to conduct an inspection, or issues a certificate:
29-1 (A) in violation of this chapter or a rule
29-2 adopted under this chapter; or
29-3 (B) without complying with the requirements of
29-4 this chapter or a rule adopted under this chapter;
29-5 (2) the person, station, or inspector commits an
29-6 offense under this chapter or violates this chapter or a rule
29-7 adopted under this chapter;
29-8 (3) the applicant or certificate holder does not meet
29-9 the standards for certification under this chapter or a rule
29-10 adopted under this chapter;
29-11 (4) the station or inspector does not maintain the
29-12 qualifications for certification or does not comply with a
29-13 certification requirement under Subchapter G;
29-14 (5) the certificate holder or the certificate holder's
29-15 agent, employee, or representative commits an act or omission that
29-16 would cause denial, revocation, or suspension of a certificate to
29-17 an individual applicant or certificate holder;
29-18 (6) the station or inspector does not pay a fee
29-19 required by Subchapter H; or
29-20 (7) the inspector or owner of an inspection station is
29-21 convicted of a:
29-22 (A) felony or Class A or Class B misdemeanor;
29-23 (B) similar crime under the jurisdiction of
29-24 another state or the federal government that is punishable to the
29-25 same extent as a felony or a Class A or Class B misdemeanor in this
29-26 state; or
29-27 (C) crime under the jurisdiction of another
30-1 state or the federal government that would be a felony or a Class A
30-2 or Class B misdemeanor if the crime were committed in this state.
30-3 (c) If the department suspends a certificate because of a
30-4 violation of Subchapter F, the suspension must be for a period of
30-5 not less than six months. The suspension may not be probated or
30-6 deferred.
30-7 SECTION 14. Section 548.407(l), Transportation Code, is
30-8 amended to read as follows:
30-9 (l) If an administrative law judge of the State Office of
30-10 Administrative Hearings conducts a hearing under this section and
30-11 the proposal for decision supports the position of the department,
30-12 the proposal for decision may recommend a denial, revocation, or
30-13 suspension only. The proposal may not recommend a reprimand or a
30-14 probated or otherwise deferred disposition of the denial,
30-15 revocation, or suspension. If in conducting a hearing under this
30-16 section an administrative law judge of the State Office of
30-17 Administrative Hearings makes a proposal for a decision to deny an
30-18 application or to suspend or revoke a certificate, the
30-19 administrative law judge shall include in the proposal a finding of
30-20 the costs, fees, expenses, and reasonable and necessary attorney's
30-21 fees the state incurred in bringing the proceeding. The director
30-22 may adopt the finding for costs, fees, and expenses and make the
30-23 finding a part of the final order entered in the proceeding.
30-24 Proceeds collected from a finding made under this subsection shall
30-25 be paid to the department [deposited in a special account in the
30-26 general revenue fund that may be appropriated only to the attorney
30-27 general].
31-1 SECTION 15. Section 548.408, Transportation Code, is amended
31-2 by amending Subsections (a) and (b) and adding Subsection (f) to
31-3 read as follows:
31-4 (a) A person dissatisfied with the action of the director
31-5 may appeal the action[, without filing a motion for rehearing,] by
31-6 filing a petition in district court in the county where the person
31-7 resides or in Travis County. The petition must be filed not later
31-8 than the 30th day after the date the action is taken.
31-9 (b) The district or county attorney, an attorney who is a
31-10 regular employee of the department, or the attorney general shall
31-11 represent the director in the appeal.
31-12 (f) A stay under this section is effective for not more than
31-13 90 days after the date the petition for appeal is filed. On the
31-14 expiration of the stay, the director's action shall be reinstated
31-15 or imposed. The department or court may not extend the stay or
31-16 grant an additional stay.
31-17 SECTION 16. Section 548.501(a), Transportation Code, is
31-18 amended to read as follows:
31-19 (a) Except as provided by Sections 548.503 and 548.504, the
31-20 fee for inspection of a motor vehicle other than a moped is $12.50
31-21 [$10.50]. The fee for inspection of a moped is $5.75. The fee for
31-22 a verification form issued as required by Section 548.256 is $1.
31-23 SECTION 17. Section 548.503(a), Transportation Code, is
31-24 amended to read as follows:
31-25 (a) The fee for inspection of a passenger car or light truck
31-26 under Section 548.102 is $21.75 [$19.75].
31-27 SECTION 18. Section 548.504(a), Transportation Code, is
32-1 amended to read as follows:
32-2 (a) The fee for inspection of a commercial motor vehicle
32-3 under the program established under Section 548.201 is $52 [$50].
32-4 SECTION 19. Section 548.601(a), Transportation Code, is
32-5 amended to read as follows:
32-6 (a) A person, including an inspector or an inspection
32-7 station, commits an offense if the person:
32-8 (1) issues an inspection certificate with knowledge
32-9 that the issuance is in violation of this chapter or rules adopted
32-10 under this chapter;
32-11 (2) falsely or fraudulently represents to the owner or
32-12 operator of a vehicle that equipment inspected or required to be
32-13 inspected must be repaired, adjusted, or replaced for the vehicle
32-14 to pass an inspection;
32-15 (3) misrepresents:
32-16 (A) material information in an application in
32-17 violation of Section 548.402 or 548.403; or
32-18 (B) information filed with the department under
32-19 this chapter or as required by department rule;
32-20 (4) issues an inspection certificate:
32-21 (A) without authorization to issue the
32-22 certificate; or
32-23 (B) without inspecting the vehicle;
32-24 (5) issues an inspection certificate for a vehicle
32-25 with knowledge that the vehicle has not been repaired, adjusted, or
32-26 corrected after an inspection has shown a repair, adjustment, or
32-27 correction to be necessary;
33-1 (6) knowingly issues an inspection certificate:
33-2 (A) for a vehicle without conducting an
33-3 inspection of each item required to be inspected; or
33-4 (B) for a vehicle that is missing an item
33-5 required to be inspected or that has an item required to be
33-6 inspected that is not in compliance with state law or department
33-7 rules;
33-8 (7) refuses to allow a vehicle's owner to have a
33-9 qualified person of the owner's choice make a required repair,
33-10 adjustment, or correction; [or]
33-11 (8) charges for an inspection an amount greater than
33-12 the authorized fee; or
33-13 (9) performs an act prohibited by or fails to perform
33-14 an act required by this subchapter or a rule adopted under this
33-15 subchapter.
33-16 SECTION 20. Section 548.602(a), Transportation Code, is
33-17 amended to read as follows:
33-18 (a) After the fifth day after the date of expiration of the
33-19 period designated for inspection, a person may not operate:
33-20 (1) a motor vehicle registered in this state unless a
33-21 current, valid, and appropriate inspection certificate is displayed
33-22 on the vehicle; or
33-23 (2) a commercial motor vehicle registered in this
33-24 state unless it is equipped as required by federal motor carrier
33-25 safety regulations and displays an inspection certificate issued
33-26 under the program established under Section 548.201.
33-27 SECTION 21. (a) The Texas Natural Resource Conservation
34-1 Commission shall seek a binding commitment from the United States
34-2 Environmental Protection Agency that any county that is not
34-3 required by law but voluntarily chooses to participate in a motor
34-4 vehicle inspection and maintenance program under Subchapter F,
34-5 Chapter 548, Transportation Code, and a low-income vehicle repair
34-6 assistance and accelerated vehicle retirement program authorized by
34-7 Section 382.209, Health and Safety Code, as added by this Act:
34-8 (1) will receive recognition and credit for taking
34-9 voluntary steps to reduce air pollution if the county is later
34-10 determined to exceed federally established clean air standards; and
34-11 (2) will not be penalized for having voluntarily
34-12 created programs to curb air pollution.
34-13 (b) The Texas Natural Resource Conservation Commission may
34-14 request assistance from the Texas congressional delegation,
34-15 counties interested in voluntarily participating in a program, or
34-16 another state or federal agency in order to obtain a binding
34-17 commitment under Subsection (a) of this section.
34-18 SECTION 22. (a) Except as provided by Subsection (b) of
34-19 this section, this Act takes effect September 1, 1999.
34-20 (b) Section 502.404(e), Transportation Code, as added by
34-21 this Act, takes effect September 1, 2000.
34-22 SECTION 23. (a) The changes in law made by this Act apply
34-23 only to an offense committed on or after the effective date of this
34-24 Act. For purposes of this section an offense is committed before
34-25 the effective date of this Act if any element of the offense occurs
34-26 before that date.
34-27 (b) An offense committed before the effective date of this
35-1 Act is covered by the law in effect when the offense was committed,
35-2 and the former law is continued in effect for that purpose.
35-3 SECTION 24. The importance of this legislation and the
35-4 crowded condition of the calendars in both houses create an
35-5 emergency and an imperative public necessity that the
35-6 constitutional rule requiring bills to be read on three several
35-7 days in each house be suspended, and this rule is hereby suspended.