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.