SRC-JBJ S.B. 391 77(R)BILL ANALYSIS


Senate Research CenterS.B. 391
By: Wentworth
State Affairs
3/6/2001
Committee Report (Amended)


DIGEST AND PURPOSE 

Currently, the vehicle inspection process is potentially vulnerable to
fraud.  As proposed, S.B. 391 regulates the Texas Department of Public
Safety's development and administration of the automation of the statewide
vehicle safety inspection program, insuring inspector accountability and
program integrity by providing for the use of security technologies for
inspector identification. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 548A, Transportation Code, by adding Section
548.006, as follows: 
 
Sec. 548.006.  AUTOMATION OF INSPECTION PROCEDURES.  (a)  Requires the
Department of Public Safety (department) to develop and administer
procedures to automate the compulsory motor vehicle inspection system and
its compliance and enforcement under this chapter. 

(b)  Authorizes the department, as a condition of certifying a person as an
inspection station under this chapter, to require the applicant to
participate in the automated inspection system. 

(c)  Requires the automated inspection system developed by the department
to include asymmetric cryptosystem security protection (ACSP) or a digital
signature for each inspector who accesses the system.  Requires the
automated inspection system to assure compliance with and enforcement of
the system through technology that provides current data using a remote
process and that can be read using existing or new technologies. 

(d)  Authorizes the department, as a condition of certifying a person as an
inspector under this chapter, to require the applicant to agree to certain
conditions. 

(e)  Provides that the use of ACSP under this section is subject to the
criminal laws pertaining to fraud and computer crimes, including Chapters
32 and 33 (Fraud and Computer Crimes), Penal Code. 

(f)  Authorizes the department to enter into one or more contracts with
another person to implement this section. 

  (g)  Defines "asymmetric cryptosystem" and "digital signature."

SECTION 2.  Amends Chapter 548H, Transportation Code, by adding Section
548.508, as follows: 
 
Sec. 548.508.  FEES FOR AUTOMATED INSPECTION SYSTEM.  (a)  Authorizes the
department to impose a fee not to exceed $1.25, to be reduced by 50_ to 75_
four years after the effective date of this Act, for each safety inspection
certificate sold to an inspection station to provide funding for the
automated inspection system required by Section 548.006, in addition to any
other fee authorized by this subchapter. 

(b)  Authorizes an inspection station to impose a fee not to exceed the
amount of any fee imposed under Subsection (a) for each inspection
performed under this chapter, in addition to the fees authorized by
Sections 548.501, 548.503, and 548.504. 

(c)  Requires the department to deposit fees collected under Subsection (a)
to the credit of the automated inspection system account.  Provides that
the automated inspection system fund is an account in the general revenue
fund.  Authorizes the automated inspection system fund to be appropriated
only to the department for the development, testing, implementation, and
administration of the automated inspection system under Section 548.006. 

SECTION 3.  Effective date: September 1, 2001.


SUMMARY OF COMMITTEE CHANGES

Committee Amendment No. 1.

Amends page 3, line 6, to authorize the appropriation of funds from the
automated inspection system account to the department for the purposes of
testing the system. 

Committee Amendment No. 2.

Amends page 1, line 9, to add the compliance and enforcement of the motor
vehicle inspection system to the scope of the procedures for automation of
the system required to be developed and administered by the Department of
Public Safety.  

Committee Amendment No. 3.

Amends page 1, line 15, to add additional requirements for the automated
inspection system.  

Committee Amendment No. 4.

Amends page 2, line 21, to add provisions relating to the fee for each
safety inspection certificate.