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 an affected county in
1-22 which the commissioners court by resolution has chosen to implement
1-23 a low-income vehicle repair assistance, retrofit, and accelerated
1-24 vehicle retirement program authorized by Section 382.209.
2-1 (5) "Retrofit" means to equip, or the equipping of, an
2-2 engine or an exhaust or fuel system with new, emissions-reducing
2-3 parts or equipment designed to reduce air emissions and improve air
2-4 quality, after the manufacture of the original engine or exhaust or
2-5 fuel system, so long as the parts or equipment allow the vehicle to
2-6 meet or exceed state and federal air emissions reduction standards.
2-7 (6) "Retrofit equipment" means emissions-reducing
2-8 equipment designed to reduce air emissions and improve air quality
2-9 that is installed after the manufacture of the original engine or
2-10 exhaust or fuel system.
2-11 (7) "Vehicle" includes a fleet vehicle.
2-12 Sec. 382.202 [382.037]. VEHICLE EMISSIONS INSPECTION AND
2-13 MAINTENANCE PROGRAM. (a) The commission by resolution may request
2-14 the Public Safety Commission to establish a vehicle emissions
2-15 inspection and maintenance program under Subchapter F, Chapter 548,
2-16 Transportation Code, in accordance with this section and rules
2-17 adopted under this section. The commission by rule may establish,
2-18 implement, and administer a program requiring emissions-related
2-19 inspections of motor vehicles to be performed at inspection
2-20 facilities consistent with the requirements of the federal Clean
2-21 Air Act (42 U.S.C. Section 7401 et seq.) and its subsequent
2-22 amendments.
2-23 (b) The commission by rule may require emissions-related
2-24 inspection and maintenance of land vehicles, including testing
2-25 exhaust emissions, examining emission control devices and systems,
2-26 verifying compliance with applicable standards, and other
2-27 requirements as provided by federal law or regulation.
3-1 (c) If the program is established under this section, the
3-2 commission:
3-3 (1) shall adopt vehicle emissions inspection and
3-4 maintenance requirements for certain areas as required by federal
3-5 law or regulation; and
3-6 (2) shall [may] adopt vehicle emissions inspection and
3-7 maintenance requirements for counties not subject to a specific
3-8 federal requirement in response to a formal request by resolutions
3-9 adopted by the county and the most populous municipality within the
3-10 county according to the most recent federal decennial census.
3-11 (d) On adoption of a resolution by the commission and after
3-12 proper notice, the Department of Public Safety of the State of
3-13 Texas shall implement a system that requires, as a condition of
3-14 obtaining a safety inspection certificate issued under Subchapter
3-15 C, Chapter 548, Transportation Code, in a county that is included
3-16 in a vehicle emissions inspection and maintenance program under
3-17 Subchapter F of that chapter, that the vehicle, unless the vehicle
3-18 is not covered by the system, be annually or biennially inspected
3-19 under the vehicle emissions inspection and maintenance program as
3-20 required by the state's air quality state implementation plan. The
3-21 Department of Public Safety shall implement such a system when it
3-22 is required by any provision of federal or state law, including any
3-23 provision of the state's air quality state implementation plan.
3-24 (e) The commission may assess fees for vehicle
3-25 emissions-related inspections performed at inspection or
3-26 reinspection facilities authorized and licensed by the commission
3-27 in amounts reasonably necessary to recover the costs of developing,
4-1 administering, evaluating, and enforcing the vehicle emissions
4-2 inspection and maintenance program. If the program relies on
4-3 privately operated or contractor-operated inspection or
4-4 reinspection stations, an appropriate portion of the fee as
4-5 determined by commission rule may be retained by the station owner,
4-6 contractor, or operator to recover the cost of performing the
4-7 inspections and provide for a reasonable margin of profit. Any
4-8 portion of the fee collected by the commission is a Clean Air Act
4-9 fee under Section 382.0622.
4-10 (f) The commission:
4-11 (1) shall, no less frequently than biennially, review
4-12 the fee established under Subsection (e); and
4-13 (2) may use part of the fee collected under Subsection
4-14 (e) to provide incentives, including financial incentives, for
4-15 participation in the testing network to ensure availability of an
4-16 adequate number of testing stations.
4-17 (g) The commission shall:
4-18 (1) use part of the fee collected under Subsection (e)
4-19 to fund low-income vehicle repair assistance, retrofit, and
4-20 accelerated vehicle retirement programs created under Section
4-21 382.209; and
4-22 (2) to the extent practicable, distribute available
4-23 funding created under Subsection (e) to participating counties in
4-24 reasonable proportion to the amount of fees collected under
4-25 Subsection (e) in those counties or in the regions in which those
4-26 counties are located.
4-27 (h) Regardless of whether different tests are used for
5-1 different vehicles as determined under Section 382.205, the
5-2 commission may:
5-3 (1) set fees assessed under Subsection (e) at the same
5-4 rate for each vehicle in a county or region; and
5-5 (2) set different fees for different counties or
5-6 regions.
5-7 (i) The commission shall examine the efficacy of annually
5-8 inspecting diesel vehicles for compliance with applicable federal
5-9 emission standards, compliance with an opacity or other
5-10 emissions-related standard established by commission rule, or both
5-11 and shall implement that inspection program if the commission
5-12 determines the program would minimize emissions. For purposes of
5-13 this subsection, a diesel engine not used in a vehicle registered
5-14 for use on public highways is not a diesel vehicle.
5-15 (j) [(g)] The commission may not establish vehicle fuel
5-16 content standards to provide for vehicle fuel content for clean
5-17 motor vehicle fuels other than those standards promulgated by the
5-18 United States Environmental Protection Agency unless specifically
5-19 authorized by the legislature or unless it is demonstrated to be
5-20 necessary for the attainment of federal ozone ambient air quality
5-21 standards or, following appropriate health studies and in
5-22 consultation with the Texas Department of Health, it is determined
5-23 to be necessary for the protection of public health.
5-24 (k) The commission by rule may establish classes of vehicles
5-25 that are exempt from vehicle emissions inspections and by rule may
5-26 establish procedures to allow and review petitions for the
5-27 exemption of individual vehicles, according to criteria established
6-1 by commission rule. Rules adopted by the commission under this
6-2 subsection must be consistent with federal law. The commission by
6-3 rule may establish fees to recover the costs of administering this
6-4 subsection. Fees collected under this subsection shall be
6-5 deposited to the credit of the clean air account, an account in the
6-6 general revenue fund, and may be used only for the purposes of this
6-7 section.
6-8 (l) [(m)] Except as provided by this subsection, a person
6-9 who sells or transfers ownership of a motor vehicle for which a
6-10 vehicle emissions inspection certificate has been issued is not
6-11 liable for the cost of emission control system repairs that are
6-12 required for the vehicle subsequently to receive an emissions
6-13 inspection certificate. This subsection does not apply to repairs
6-14 that are required because emission control equipment or devices on
6-15 the vehicle were removed or tampered with before the sale or
6-16 transfer of the vehicle.
6-17 (m) [(n)] The commission may conduct audits to determine
6-18 compliance with this section.
6-19 (n) The commission may suspend the emissions inspection
6-20 program as it applies to pre-1996 vehicles in an affected county
6-21 if:
6-22 (1) the department certifies that the number of
6-23 pre-1996 vehicles in the county subject to the program is 20
6-24 percent or less of the number of those vehicles that were in the
6-25 county on September 1, 2001; and
6-26 (2) an alternative testing methodology that meets or
6-27 exceeds United States Environmental Protection Agency requirements
7-1 is available.
7-2 Sec. 382.203 [382.0372]. VEHICLES SUBJECT TO PROGRAM;
7-3 EXEMPTIONS. (a) The inspection and maintenance program applies to
7-4 any gasoline-powered vehicle that is:
7-5 (1) required to be registered in and is primarily
7-6 operated in an affected county [Dallas, Tarrant, El Paso, or Harris
7-7 County]; and
7-8 (2) at least two and less than 25 years old; or
7-9 (3) subject to test-on-resale requirements under
7-10 Section 548.3011, Transportation Code.
7-11 (b) In addition to a vehicle described by Subsection (a),
7-12 the program applies to:
7-13 (1) a vehicle with United States governmental plates
7-14 primarily operated in an affected county [Dallas, Tarrant, El Paso,
7-15 or Harris County];
7-16 (2) a vehicle operated on a federal facility in an
7-17 affected county [Dallas, Tarrant, El Paso, or Harris County]; and
7-18 (3) a vehicle primarily operated in an affected county
7-19 [Dallas, Tarrant, El Paso, or Harris County] that is exempt from
7-20 motor vehicle registration requirements or eligible under Chapter
7-21 502, Transportation Code, to display an "exempt" license plate.
7-22 (c) The Department of Public Safety of the State of Texas by
7-23 rule may waive program requirements, in accordance with standards
7-24 adopted by the commission, for certain vehicles and vehicle owners,
7-25 including:
7-26 (1) the registered owner of a vehicle who[:]
7-27 [(A)] cannot afford to comply with the program,
8-1 based on reasonable income standards; [or]
8-2 [(B) has spent a reasonable amount of money, set
8-3 by the commission, to repair the vehicle, without bringing the
8-4 vehicle into compliance with emissions standards; and]
8-5 (2) a vehicle that cannot be brought into compliance
8-6 with emissions standards by performing repairs;
8-7 (3) a vehicle:
8-8 (A) on which at least $100 has been spent to
8-9 bring the vehicle into compliance; and
8-10 (B) that the department:
8-11 (i) can verify was driven fewer than 5,000
8-12 miles since the last safety inspection; and
8-13 (ii) reasonably determines will be driven
8-14 fewer than 5,000 miles during the period before the next safety
8-15 inspection is required; and
8-16 (4) a vehicle for which parts are not readily
8-17 available.
8-18 (d) The program does not apply to a:
8-19 (1) motorcycle;
8-20 (2) slow-moving vehicle as defined by Section 547.001,
8-21 Transportation Code; or
8-22 (3) vehicle that is registered but not operated
8-23 primarily in a county or group of counties subject to a motor
8-24 vehicle emissions inspection program established under Subchapter
8-25 F, Chapter 548, Transportation Code [circus vehicle].
8-26 Sec. 382.204 [382.0373]. REMOTE SENSING PROGRAM COMPONENT.
8-27 (a) The commission and the Department of Public Safety of the
9-1 State of Texas jointly shall develop a program component for
9-2 enforcing vehicle emissions testing and standards by use of remote
9-3 or automatic emissions detection and analysis equipment.
9-4 (b) The program component may be employed in any county
9-5 designated as a nonattainment area within the meaning of Section
9-6 107(d) of the Clean Air Act (42 U.S.C. Section 7407) and its
9-7 subsequent amendments, in any affected county, or in any county
9-8 adjacent to an affected county.
9-9 (c) If a vehicle registered in a county adjacent to an
9-10 affected county is detected under the program component authorized
9-11 by this section as operating and exceeding acceptable emissions
9-12 limitations in an affected county, the department shall provide
9-13 notice of the violation under Section 548.306, Transportation Code.
9-14 Sec. 382.205 [382.0374]. INSPECTION EQUIPMENT AND
9-15 PROCEDURES. (a) The commission by rule may adopt:
9-16 (1) standards and specifications for motor vehicle
9-17 emissions testing equipment;
9-18 (2) recordkeeping and reporting procedures; and
9-19 (3) measurable emissions standards a vehicle must meet
9-20 to pass the inspection.
9-21 (b) In adopting standards and specifications under
9-22 Subsection (a), the commission may require different types of tests
9-23 for different vehicle models.
9-24 (c) In consultation with the Department of Public Safety of
9-25 the State of Texas, the commission may contract with one or more
9-26 private entities to provide testing equipment, training, and
9-27 related services to inspection stations in exchange for part of the
10-1 testing fee. A contract under this subsection may apply to one
10-2 specified area of the state or to the entire state. The commission
10-3 at least once during each year shall review each contract entered
10-4 into under this subsection to determine whether the contracting
10-5 entity is performing satisfactorily under the terms of the
10-6 contract. Immediately after completing the review, the commission
10-7 shall prepare a report summarizing the review and send a copy of
10-8 the report to the speaker of the house of representatives, the
10-9 lieutenant governor, and the governor.
10-10 (d) The Department of Public Safety of the State of Texas by
10-11 rule shall adopt:
10-12 (1) testing procedures in accordance with motor
10-13 vehicle emissions testing equipment specifications; and
10-14 (2) procedures for issuing or denying an emissions
10-15 inspection certificate.
10-16 (e) The commission and the Department of Public Safety of
10-17 the State of Texas by joint rule may adopt procedures to encourage
10-18 a stable private market for providing emissions testing to the
10-19 public in all areas of an affected county, including:
10-20 (1) allowing facilities to perform one or more types
10-21 of emissions tests; and
10-22 (2) any other measure the commission and the
10-23 Department of Public Safety consider appropriate.
10-24 (f) Rules and procedures under this section must ensure that
10-25 approved repair facilities participating in a low-income vehicle
10-26 repair assistance, retrofit, and accelerated vehicle retirement
10-27 program established under Section 382.209 have access to adequate
11-1 testing equipment.
11-2 (g) [(c)] Subject to Subsection (h) [(d)], the commission
11-3 and the Department of Public Safety of the State of Texas by rule
11-4 may allow alternative vehicle emissions testing[, including onboard
11-5 diagnostic testing,] if:
11-6 (1) the technology provides accurate and reliable
11-7 results;
11-8 (2) the technology is widely and readily available to
11-9 persons interested in performing alternative vehicle emissions
11-10 testing; and
11-11 (3) the use of alternative testing is not likely to
11-12 substantially affect federal approval of the state's air quality
11-13 state implementation plan.
11-14 (h) [(d)] A rule adopted under Subsection (g) [(c)] may not
11-15 be more restrictive than federal regulations governing vehicle
11-16 emissions testing.
11-17 Sec. 382.206 [382.0375]. COLLECTION OF DATA; REPORT. (a)
11-18 The commission and the Department of Public Safety of the State of
11-19 Texas may collect inspection and maintenance information derived
11-20 from the emissions inspection and maintenance program, including:
11-21 (1) inspection results;
11-22 (2) inspection station information;
11-23 (3) information regarding vehicles operated on federal
11-24 facilities;
11-25 (4) vehicle registration information; and
11-26 (5) other data the United States Environmental
11-27 Protection Agency requires.
12-1 (b) The commission shall:
12-2 (1) report the information to the United States
12-3 Environmental Protection Agency; and
12-4 (2) compare the information on inspection results with
12-5 registration information for enforcement purposes.
12-6 Sec. 382.207 [382.038]. INSPECTION STATIONS; QUALITY CONTROL
12-7 AUDITS. (a) The Department of Public Safety of the State of Texas
12-8 by rule shall adopt standards and procedures for establishing
12-9 vehicle emissions inspection stations authorized and licensed by
12-10 the state.
12-11 (b) A vehicle emissions inspection may be performed at a
12-12 decentralized independent inspection station or at a centralized
12-13 inspection facility operated or licensed by the state. In
12-14 developing the program for vehicle emissions inspections, the
12-15 Department of Public Safety shall make all reasonable efforts to
12-16 preserve the present decentralized system.
12-17 (c) After consultation with the Texas Department of
12-18 Transportation, the commission shall require state and local
12-19 transportation planning entities designated by the commission to
12-20 prepare long-term projections of the combined impact of significant
12-21 planned transportation system changes on emissions and air quality.
12-22 The projections shall be prepared using air pollution estimation
12-23 methodologies established jointly by the commission and the Texas
12-24 Department of Transportation. This subsection does not restrict
12-25 the Texas Department of Transportation's function as the
12-26 transportation planning body for the state or its role in
12-27 identifying and initiating specific transportation-related projects
13-1 in the state.
13-2 (d) The Department of Public Safety may authorize
13-3 enforcement personnel or other individuals to remove, disconnect,
13-4 adjust, or make inoperable vehicle emissions control equipment,
13-5 devices, or systems and to operate a vehicle in the tampered
13-6 condition in order to perform a quality control audit of an
13-7 inspection station or other quality control activities as necessary
13-8 to assess and ensure the effectiveness of the vehicle emissions
13-9 inspection and maintenance program.
13-10 (e) The Department of Public Safety shall develop a
13-11 challenge station program to provide for the reinspection of a
13-12 motor vehicle at the option of the owner of the vehicle to ensure
13-13 quality control of a vehicle emissions inspection and maintenance
13-14 system.
13-15 (f) The commission may contract with one or more private
13-16 entities to operate a program established under this section.
13-17 (g) In addition to other procedures established by the
13-18 commission, the commission shall establish procedures by which a
13-19 private entity with whom the commission has entered into a contract
13-20 to operate a program established under this section may agree to
13-21 perform:
13-22 (1) testing at a fleet facility or dealership using
13-23 mobile test equipment;
13-24 (2) testing at a fleet facility or dealership using
13-25 test equipment owned by the fleet or dealership but calibrated and
13-26 operated by the private entity's personnel; or
13-27 (3) testing at a fleet facility or dealership using
14-1 test equipment owned and operated by the private entity and
14-2 installed at the fleet or dealership facility.
14-3 (h) The fee for a test conducted as provided by Subsection
14-4 (g) shall be set by the commission in an amount not to exceed twice
14-5 the fee otherwise provided by law or by rule of the commission. An
14-6 appropriate portion of the fee, as determined by the commission,
14-7 may be remitted by the private entity to the fleet facility or
14-8 dealership.
14-9 Sec. 382.208 [382.039]. ATTAINMENT PROGRAM. (a) The
14-10 commission shall coordinate with federal, state, and local
14-11 transportation planning agencies to develop and implement
14-12 transportation programs and other measures necessary to demonstrate
14-13 and maintain attainment of national ambient air quality standards
14-14 and to protect the public from exposure to hazardous air
14-15 contaminants from motor vehicles.
14-16 (b) Participating agencies include the Texas Department of
14-17 Transportation and metropolitan planning organizations designated
14-18 by the governor.
14-19 Sec. 382.209. LOW-INCOME VEHICLE REPAIR ASSISTANCE,
14-20 RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM. (a) The
14-21 commission and the Public Safety Commission by joint rule shall
14-22 establish and authorize the commissioners court of a participating
14-23 county to implement a low-income vehicle repair assistance,
14-24 retrofit, and accelerated vehicle retirement program subject to
14-25 agency oversight that may include reasonable periodic commission
14-26 audits.
14-27 (b) The commission shall provide funding for local
15-1 low-income vehicle repair assistance, retrofit, and accelerated
15-2 vehicle retirement programs with available funds collected under
15-3 Section 382.202 or other designated and available funds. Not more
15-4 than five percent of the money provided to a local low-income
15-5 vehicle repair assistance, retrofit, and accelerated vehicle
15-6 retirement program under this section may be used for
15-7 administration of the programs.
15-8 (c) The rules adopted under Subsection (a) must provide
15-9 procedures for ensuring that a program implemented under authority
15-10 of that subsection does not apply to a vehicle that is:
15-11 (1) registered under Section 502.274 or 502.275,
15-12 Transportation Code; and
15-13 (2) not regularly used for transportation during the
15-14 normal course of daily activities.
15-15 (d) Subject to the availability of funds, a low-income
15-16 vehicle repair assistance, retrofit, and accelerated vehicle
15-17 retirement program established under this section shall provide
15-18 monetary or other compensatory assistance for:
15-19 (1) repairs directly related to bringing certain
15-20 vehicles that have failed a required emissions test into compliance
15-21 with emissions requirements;
15-22 (2) a replacement vehicle or replacement assistance
15-23 for a vehicle that has failed a required emissions test and for
15-24 which the cost of repairs needed to bring the vehicle into
15-25 compliance is uneconomical; and
15-26 (3) installing retrofit equipment on vehicles that
15-27 have failed a required emissions test, if practically and
16-1 economically feasible, in lieu of or in combination with repairs
16-2 performed under Subdivision (1). The commission and the Department
16-3 of Public Safety of the State of Texas shall establish standards
16-4 and specifications for retrofit equipment that may be used under
16-5 this section.
16-6 (e) A vehicle is not eligible to participate in a low-income
16-7 vehicle repair assistance, retrofit, and accelerated vehicle
16-8 retirement program established under this section unless:
16-9 (1) the vehicle is capable of being operated;
16-10 (2) the registration of the vehicle:
16-11 (A) is current; and
16-12 (B) reflects that the vehicle has been
16-13 registered in the county implementing the program for the two years
16-14 preceding the application for participation in the program;
16-15 (3) the commissioners court of the county
16-16 administering the program determines that the vehicle meets the
16-17 eligibility criteria adopted by the commission, the Texas
16-18 Department of Transportation, and the Public Safety Commission; and
16-19 (4) if the vehicle is to be repaired, the repair is
16-20 done by a repair facility recognized by the Department of Public
16-21 Safety, which may be an independent or private entity licensed by
16-22 the state.
16-23 (f) A fleet vehicle, a vehicle owned or leased by a
16-24 governmental entity, or a commercial vehicle is not eligible to
16-25 participate in a low-income vehicle repair assistance, retrofit,
16-26 and accelerated vehicle retirement program established and
16-27 implemented under this section.
17-1 (g) A participating county may contract with any appropriate
17-2 entity or with another county for services necessary to implement
17-3 the participating county's low-income vehicle repair assistance,
17-4 retrofit, and accelerated vehicle retirement program.
17-5 (h) Participation by an affected county in a low-income
17-6 vehicle repair assistance, retrofit, and accelerated vehicle
17-7 retirement program is not mandatory. To the extent allowed by
17-8 federal law, any emissions reductions attributable to a low-income
17-9 vehicle repair assistance, retrofit, and accelerated vehicle
17-10 retirement program in a county that are attained during a period
17-11 before the county is designated as a nonattainment county shall be
17-12 considered emissions reductions credit if the county is later
17-13 determined to be a nonattainment county.
17-14 Sec. 382.210. IMPLEMENTATION GUIDELINES. The commission by
17-15 rule shall adopt guidelines to assist a participating county in
17-16 implementing a low-income vehicle repair assistance, retrofit, and
17-17 accelerated vehicle retirement program authorized under Section
17-18 382.209. The guidelines at a minimum shall recommend:
17-19 (1) a minimum and maximum amount for repair
17-20 assistance;
17-21 (2) a minimum and maximum amount toward the purchase
17-22 price of a replacement vehicle qualified for the accelerated
17-23 retirement program;
17-24 (3) criteria for determining eligibility, taking into
17-25 account:
17-26 (A) the vehicle owner's income;
17-27 (B) the fair market value of the vehicle; and
18-1 (C) any other relevant considerations;
18-2 (4) safeguards for preventing fraud in the repair,
18-3 purchase, or sale of a vehicle in the program; and
18-4 (5) procedures for determining the degree and amount
18-5 of repair assistance a vehicle is allowed, based on:
18-6 (A) the amount of money the vehicle owner has
18-7 spent on repairs;
18-8 (B) the vehicle owner's income; and
18-9 (C) any other relevant factors.
18-10 Sec. 382.211. LOCAL ADVISORY PANEL. (a) The commissioners
18-11 court of a participating county may appoint one or more local
18-12 advisory panels consisting of representatives of automobile
18-13 dealerships, the automotive repair industry, safety inspection
18-14 facilities, the public, antique and vintage car clubs, local
18-15 nonprofit organizations, and locally affected governments to advise
18-16 the county regarding the operation of the county's low-income
18-17 vehicle repair assistance, retrofit, and accelerated vehicle
18-18 retirement program, including the identification of a vehicle make
18-19 or model with intrinsic value as an existing or future collectible.
18-20 (b) The commissioners court may delegate all or part of the
18-21 administrative and financial matters to one or more local advisory
18-22 panels established under Subsection (a).
18-23 Sec. 382.212. EMISSIONS REDUCTION CREDIT. (a) In this
18-24 section, "emissions reduction credit" means an emissions reduction
18-25 certified by the commission that is:
18-26 (1) created by eliminating future emissions,
18-27 quantified during or before the period in which emissions
19-1 reductions are made;
19-2 (2) expressed in tons or partial tons per year; and
19-3 (3) banked by the commission in accordance with
19-4 commission rules relating to emissions banking.
19-5 (b) To the extent allowable under federal law, the
19-6 commission by rule shall authorize:
19-7 (1) the assignment of a percentage of emissions
19-8 reduction credit to a private, commercial, or business entity that
19-9 purchases, for accelerated retirement, a qualified vehicle under a
19-10 low-income vehicle repair assistance, retrofit, and accelerated
19-11 vehicle retirement program;
19-12 (2) the transferability of an assigned emissions
19-13 reduction credit;
19-14 (3) the use of emissions reduction credit by the
19-15 holder of the credit against any state or federal emissions
19-16 requirements applicable to a facility owned or operated by the
19-17 holder of the credit;
19-18 (4) the assignment of a percentage of emissions
19-19 reduction credit, on the retirement of a fleet vehicle, a vehicle
19-20 owned or leased by a governmental entity, or a commercial vehicle,
19-21 to the owner or lessor of the vehicle; and
19-22 (5) other actions relating to the disposition or use
19-23 of emissions reduction credit that the commission determines will
19-24 benefit the implementation of low-income vehicle repair assistance,
19-25 retrofit, and accelerated vehicle retirement programs established
19-26 under Section 382.209.
19-27 Sec. 382.213. DISPOSITION OF RETIRED VEHICLE. (a) Except
20-1 as provided by Subsection (c) and Subdivision (5) of this
20-2 subsection, a vehicle retired under an accelerated vehicle
20-3 retirement program authorized by Section 382.209 may not be resold
20-4 or reused in its entirety in this or another state. The vehicle
20-5 must be:
20-6 (1) destroyed;
20-7 (2) recycled;
20-8 (3) dismantled and its parts sold as used parts or
20-9 used in the program;
20-10 (4) placed in a storage facility of a program
20-11 established under Section 382.209 and subsequently destroyed,
20-12 recycled, or dismantled and its parts sold or used in the program;
20-13 or
20-14 (5) repaired, brought into compliance, and used as a
20-15 replacement vehicle under Section 382.209(d)(2).
20-16 (b) Not more than 10 percent of all vehicles eligible for
20-17 retirement under this section may be used as replacement vehicles
20-18 under Subsection (a)(5).
20-19 (c) A vehicle identified by a local advisory panel as an
20-20 existing or future collectible vehicle under Section 382.211 may be
20-21 sold to an individual if the vehicle:
20-22 (1) is repaired and brought into compliance;
20-23 (2) is removed from the state;
20-24 (3) is removed from an affected county; or
20-25 (4) is stored for future restoration and cannot be
20-26 registered in an affected county except under Section 502.274 or
20-27 502.275, Transportation Code.
21-1 Sec. 382.214. SALE OF VEHICLE WITH INTENT TO DEFRAUD. (a)
21-2 A person who with intent to defraud sells a vehicle in an
21-3 accelerated vehicle retirement program established under Section
21-4 382.209 commits an offense that is a third degree felony.
21-5 (b) Sale of a vehicle in an accelerated vehicle retirement
21-6 program includes:
21-7 (1) sale of the vehicle to retire the vehicle under
21-8 the program; and
21-9 (2) sale of a vehicle purchased for retirement under
21-10 the program.
21-11 Sec. 382.215. SALE OF VEHICLE NOT REQUIRED. Nothing in this
21-12 subchapter may be construed to require a vehicle that has failed a
21-13 required emissions test to be sold or destroyed by the owner.
21-14 Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
21-15 VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
21-16 commission, the Texas Department of Transportation, and the Public
21-17 Safety Commission may, subject to federal limitations:
21-18 (1) encourage counties likely to exceed federal clean
21-19 air standards to implement voluntary:
21-20 (A) motor vehicle emissions inspection and
21-21 maintenance programs; and
21-22 (B) low-income vehicle repair assistance,
21-23 retrofit, and accelerated vehicle retirement programs;
21-24 (2) establish incentives for counties to voluntarily
21-25 implement motor vehicle emissions inspection and maintenance
21-26 programs and low-income vehicle repair assistance, retrofit, and
21-27 accelerated vehicle retirement programs; and
22-1 (3) designate a county that voluntarily implements a
22-2 motor vehicle emissions inspection and maintenance program or a
22-3 low-income vehicle repair assistance, retrofit, and accelerated
22-4 vehicle retirement program as a "Clean Air County" and give
22-5 preference to a county designated as a Clean Air County in any
22-6 federal or state clean air grant program.
22-7 SECTION 2. Section 382.0622(a), Health and Safety Code, is
22-8 amended to read as follows:
22-9 (a) Clean Air Act fees consist of:
22-10 (1) fees collected by the commission under Sections
22-11 382.062, 382.0621, and 382.202 [382.037] and as otherwise provided
22-12 by law; and
22-13 (2) $2 of each advance payment collected by the
22-14 Department of Public Safety for inspection certificates for
22-15 vehicles other than mopeds under Section 548.501, Transportation
22-16 Code.
22-17 SECTION 3. Subchapter B, Chapter 501, Transportation Code,
22-18 is amended by adding Section 501.0276 to read as follows:
22-19 Sec. 501.0276. DENIAL OF TITLE RECEIPT OR CERTIFICATE OF
22-20 TITLE FOR FAILURE TO PROVIDE PROOF OF EMISSIONS TESTING. A county
22-21 assessor-collector may not issue a title receipt and the department
22-22 may not issue a certificate of title for a vehicle subject to
22-23 Section 548.3011 unless proof that the vehicle has passed a vehicle
22-24 emissions test as required by that section, in a form authorized by
22-25 that section, is presented to the county assessor-collector with
22-26 the application for certificate of title.
22-27 SECTION 4. Section 502.009(a), Transportation Code, is
23-1 amended to read as follows:
23-2 (a) The Department of Public Safety shall ensure compliance
23-3 with the motor vehicle emissions inspection and maintenance program
23-4 through a vehicle inspection sticker-based enforcement system
23-5 except as provided by this section or Section 548.3011.
23-6 Subsections (b)-(e) apply only if the United States Environmental
23-7 Protection Agency determines that the state has not demonstrated,
23-8 as required by 40 C.F.R. Section 51.361, that sticker-based
23-9 enforcement of the program is more effective than
23-10 registration-based enforcement and gives the Texas Natural Resource
23-11 Conservation Commission or the governor written notification that
23-12 the reregistration-based enforcement of the program, as described
23-13 by those subsections, will be required. If Subsections (b)-(e) are
23-14 made applicable as provided by this subsection, the department
23-15 shall terminate reregistration-based enforcement of the program
23-16 under those subsections on the date the United States Environmental
23-17 Protection Agency gives the Texas Natural Resource Conservation
23-18 Commission or a person the commission designates written
23-19 notification that reregistration-based enforcement is not required
23-20 for the state implementation plan.
23-21 SECTION 5. Subchapter D, Chapter 502, Transportation Code,
23-22 is amended by adding Section 502.1535 to read as follows:
23-23 Sec. 502.1535. EVIDENCE OF VEHICLE EMISSIONS INSPECTION. A
23-24 county assessor-collector may not register a motor vehicle subject
23-25 to Section 548.3011 unless proof that the vehicle has passed a
23-26 vehicle emissions test as required by that section, in a form
23-27 authorized by that section, is presented to the county
24-1 assessor-collector with the application for registration.
24-2 SECTION 6. Section 547.605, Transportation Code, is amended
24-3 by adding Subsections (d) and (e) to read as follows:
24-4 (d) Except when travel conditions require the downshifting
24-5 or use of lower gears to maintain reasonable momentum, a person
24-6 commits an offense if the person operates, or as an owner knowingly
24-7 permits another person to operate, a vehicle that emits:
24-8 (1) visible smoke for 10 seconds or longer; or
24-9 (2) visible smoke that remains suspended in the air
24-10 for 10 seconds or longer before fully dissipating.
24-11 (e) An offense under this section is a misdemeanor
24-12 punishable by a fine of not less than $1 and not more than $350 for
24-13 each violation. If a person has previously been convicted of an
24-14 offense under this section, an offense under this section is a
24-15 misdemeanor punishable by a fine of not less than $200 and not more
24-16 than $1,000 for each violation.
24-17 SECTION 7. Subchapter A, Chapter 548, Transportation Code,
24-18 is amended by adding Section 548.006 to read as follows:
24-19 Sec. 548.006. ADVISORY COMMITTEE. (a) An advisory committee
24-20 consisting of six members shall:
24-21 (1) advise the department on the department's rules
24-22 relating to the operation of the emissions testing program under
24-23 Subchapter F;
24-24 (2) make recommendations to the department relating to
24-25 the content of rules involving the operation of the emissions
24-26 testing program; and
24-27 (3) perform any other advisory function requested by
25-1 the department in administering Subchapter F.
25-2 (b) The members of the commission shall appoint three
25-3 members of the committee as follows:
25-4 (1) one person to represent inspection station owners
25-5 and operators;
25-6 (2) one person to represent manufacturers of motor
25-7 vehicle emissions inspection devices; and
25-8 (3) one person to represent the public interest.
25-9 (c) Each member of the conservation commission shall appoint
25-10 one member of the committee. The member appointed by the presiding
25-11 officer of the conservation commission shall serve as the presiding
25-12 officer of the committee.
25-13 (d) Committee members serve staggered three-year terms.
25-14 (e) A vacancy on the committee is filled in the same manner
25-15 as other appointments to the committee.
25-16 (f) A member of the committee is not entitled to
25-17 compensation, but is entitled to reimbursement of the member's
25-18 travel expenses as provided in the General Appropriations Act for
25-19 state employees.
25-20 (g) The committee may elect an assistant presiding officer
25-21 and a secretary from among its members and may adopt rules for the
25-22 conduct of its own activities.
25-23 (h) The committee is entitled to review and comment on rules
25-24 to be considered for adoption by the commission or the department
25-25 under Subchapter F before the rules are published.
25-26 SECTION 8. Section 548.301(c), Transportation Code, is
25-27 amended to read as follows:
26-1 (c) A program established under Subsection (b) may [not]
26-2 include reregistration-based enforcement [unless the county by
26-3 resolution requests reregistration-based enforcement].
26-4 SECTION 9. Subchapter F, Chapter 548, Transportation Code,
26-5 is amended by adding Sections 548.3011 and 548.3012 to read as
26-6 follows:
26-7 Sec. 548.3011. EMISSIONS TEST ON RESALE. (a) This section
26-8 applies only to a vehicle:
26-9 (1) the most recent certificate of title for which or
26-10 registration of which was issued in a county without a motor
26-11 vehicle emissions inspection and maintenance program; and
26-12 (2) the ownership of which has changed and which has
26-13 been the subject of a retail sale as defined by Section 1.03, Texas
26-14 Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
26-15 Civil Statutes).
26-16 (b) Notwithstanding Subsection (a), this section does not
26-17 apply to a vehicle that is a 1996 or newer model that has less than
26-18 50,000 miles.
26-19 (c) A vehicle subject to this section is not eligible for a
26-20 title receipt under Section 501.024, a certificate of title under
26-21 Section 501.027, or registration under Chapter 502 in a county with
26-22 a motor vehicle emissions inspection and maintenance program unless
26-23 proof is presented with the application for certificate of title or
26-24 registration, as appropriate, that the vehicle, not earlier than
26-25 the 90th day before the date on which the new owner's application
26-26 for certificate of title or registration is filed with the county
26-27 clerk or county assessor-collector, as appropriate, has passed an
27-1 approved vehicle emissions test in the county in which it is to be
27-2 titled or registered.
27-3 (d) The proof required by Subsection (c) may be in the form
27-4 of a Vehicle Inspection Report (VIR) or other proof of program
27-5 compliance as authorized by the department.
27-6 Sec. 548.3012. EXEMPTION: VEHICLE NOT USED PRIMARILY IN
27-7 COUNTY OF REGISTRATION. (a) This section applies only to a
27-8 vehicle that:
27-9 (1) is to be registered in a county with a motor
27-10 vehicle emissions inspection and maintenance program; and
27-11 (2) will be used in that county for fewer than 60 days
27-12 during the registration period for which registration is sought.
27-13 (b) The owner of a vehicle described by Subsection (a) may
27-14 obtain for that vehicle an exemption from the vehicle emissions
27-15 test requirements of this subchapter by submitting to the county
27-16 assessor-collector an affidavit stating that the named vehicle will
27-17 be used in the county of registration for fewer than 60 calendar
27-18 days during the registration period for which registration is
27-19 sought.
27-20 SECTION 10. Section 548.306, Transportation Code, is amended
27-21 to read as follows:
27-22 Sec. 548.306. EXCESSIVE MOTOR VEHICLE EMISSIONS. (a) This
27-23 section applies to a motor vehicle registered or operated for more
27-24 than 60 days per calendar year in:
27-25 (1) a county or a portion of a county designated by
27-26 department rule in accordance with Section 548.301; or
27-27 (2) a county adjacent to a county described in
28-1 Subdivision (1) [standards provided by the United States
28-2 Environmental Protection Agency; or]
28-3 [(2) one of the following areas:]
28-4 [(A) the part of the Dallas/Fort Worth ozone
28-5 nonattainment area that consists of Collin, Dallas, Denton, and
28-6 Tarrant counties;]
28-7 [(B) the part of the El Paso ozone nonattainment
28-8 area that consists of El Paso County; or]
28-9 [(C) the part of the Houston/Galveston ozone
28-10 nonattainment area that consists of Brazoria, Chambers, Fort Bend,
28-11 Galveston, Harris, Liberty, Montgomery, and Waller counties].
28-12 (b) The registered owner of a motor vehicle commits an
28-13 offense if the vehicle, in an area described by Subsection (a),
28-14 emits:
28-15 (1) hydrocarbons, carbon monoxide, or nitrogen oxide
28-16 in an amount that is excessive under United States Environmental
28-17 Protection Agency standards or standards provided by department
28-18 rule; or
28-19 (2) another vehicle-related pollutant that is listed
28-20 by a department rule adopted to comply with Part A, National
28-21 Emission Standards Act (42 U.S.C. Sections 7602-7619), or rules of
28-22 the United States Environmental Protection Agency in an amount
28-23 identified as excessive under that rule[; or]
28-24 [(3) visible smoke that remains suspended in the air
28-25 10 or more seconds before fully dissipating].
28-26 (c) The department shall provide a notice of violation to
28-27 the registered owner of a vehicle that is detected violating
29-1 Subsection (b). The notice of violation must be made by personal
29-2 delivery to the registered owner or by mailing the notice to the
29-3 registered owner at the last known address of the owner. The
29-4 department shall include in the notice the date and location of the
29-5 violation detected and instructions for the registered owner
29-6 explaining how the owner must proceed to obtain and pass a
29-7 verification emissions inspection and to make any repair to the
29-8 vehicle necessary to pass the inspection and explaining any
29-9 extension or assistance that may be available to the owner for
29-10 making any necessary repair. Notice by mail is presumed delivered
29-11 on the 10th day after the date the notice is deposited in the mail.
29-12 (d) [The department shall provide notice under Subsection
29-13 (c) to the registered owner of a vehicle in violation of Subsection
29-14 (b)(3) as soon as is practicable after the department receives
29-15 notice that a peace officer in this state has issued the driver of
29-16 the vehicle an informative citation for the violation. The
29-17 department shall adopt rules governing the procedures for a peace
29-18 officer or police department to provide notice of informative
29-19 citations issued for violations of Subsection (b)(3). The rules
29-20 must include a requirement that, for each citation issued, the
29-21 peace officer or police department inform the department of the
29-22 date and location of the violation.]
29-23 [(e) A peace officer who has probable cause to believe an
29-24 offense under Subsection (b)(3) has been committed may issue the
29-25 driver of the vehicle an informative citation that indicates that
29-26 an offense under Subsection (b)(3) may have been committed and that
29-27 explains that the registered owner of the vehicle may receive in
30-1 the mail a notice under Subsection (c).]
30-2 [(f)] A registered owner of a vehicle commits an offense if:
30-3 (1) notice is delivered to the owner under Subsection
30-4 (c); and
30-5 (2) the owner fails to comply with any provision of
30-6 the notice before the 31st day after the date the notice is
30-7 delivered.
30-8 (e) [(g)] An offense under this section is a misdemeanor
30-9 punishable by a fine of not less than $1 and not more than $350. If
30-10 a person has previously been convicted of an offense under this
30-11 section, an offense under this section is a misdemeanor punishable
30-12 by a fine of not less than $200 and not more than $1,000.
30-13 (f) [(h)] It is an affirmative defense to an offense under
30-14 this section that the registered owner of the vehicle, before the
30-15 31st day after the date the owner receives a notice of violation:
30-16 (1) after a verification emissions inspection
30-17 indicated that the vehicle did not comply with applicable emissions
30-18 standards, repaired the vehicle as necessary and passed another
30-19 verification emissions inspection; and
30-20 (2) has complied with rules of the department
30-21 concerning a violation under this section.
30-22 (g) [(i)] The department may contract with a private person
30-23 to implement this section. The person must comply with terms,
30-24 policies, rules, and procedures the department adopts to administer
30-25 this section.
30-26 (h) [(j)] The Texas Department of Transportation may deny
30-27 reregistration of a vehicle if the registered owner of the vehicle
31-1 has received notification under Subsection (c) and the vehicle has
31-2 not passed a verification emissions inspection.
31-3 (i) [(k)] A hearing for a citation issued under this section
31-4 shall be heard by a justice of the peace of any precinct in the
31-5 county in which the vehicle is registered.
31-6 (j) [(l)] Enforcement of the remote sensing component of the
31-7 vehicle emissions inspection and maintenance program may not
31-8 involve any method of screening in which the registered owner of a
31-9 vehicle found to have allowable emissions by remote sensing
31-10 technology is charged a fee.
31-11 (k) [(m)] The department by rule may require that a vehicle
31-12 determined by on-road testing to have excessive emissions be
31-13 assessed an on-road emissions testing fee not to exceed the
31-14 emissions testing fee charged by a certified emissions testing
31-15 facility.
31-16 (l) [(n)] The department by rule may establish procedures
31-17 for reimbursing a fee for a verification test required by
31-18 Subsection (c) if the owner demonstrates to the department's
31-19 satisfaction that:
31-20 (1) the vehicle passed the verification emissions test
31-21 not later than the 30th day after the date the vehicle owner
31-22 received notice that the vehicle was detected as having excessive
31-23 emissions; and
31-24 (2) the vehicle did not receive any repair,
31-25 modification, alteration, or additive to the fuel, fuel tank, fuel
31-26 delivery system, engine, exhaust system, or any attached emissions
31-27 control components that would have, or could have, caused the
32-1 vehicle to experience improved emissions performance [was not
32-2 repaired] between the date of detection and the date of the
32-3 verification emissions test.
32-4 SECTION 11. Subchapter F, Chapter 548, Transportation Code,
32-5 is amended by adding Section 548.3065 to read as follows:
32-6 Sec. 548.3065. ADMINISTRATIVE PENALTY. (a) In lieu of
32-7 criminal proceedings for a violation of Section 548.306, the
32-8 department may impose an administrative penalty against a person
32-9 who knowingly violates this chapter or a rule adopted by the
32-10 commission under this chapter.
32-11 (b) The amount of the administrative penalty may not exceed
32-12 $1,000 for each violation. The aggregate penalty for multiple
32-13 violations may not exceed $10,000. Each day a violation continues
32-14 or occurs is a separate violation for purposes of imposing a
32-15 penalty.
32-16 (c) Except as otherwise provided by this section, the
32-17 procedures for determining and administering an administrative
32-18 penalty under this section against a person charged with violating
32-19 this chapter are the same as those prescribed by Section 643.251
32-20 for determining and administering an administrative penalty against
32-21 a motor carrier under that section.
32-22 (d) An administrative penalty collected under this section
32-23 shall be deposited in a special account in the general revenue fund
32-24 and may be used only by the department.
32-25 SECTION 12. (a) Not later than January 1, 2002, the members
32-26 of the Public Safety Commission shall appoint to the advisory
32-27 committee created under Section 548.006, Transportation Code, as
33-1 added by this Act:
33-2 (1) a representative of inspection station owners and
33-3 operators to serve a one-year term;
33-4 (2) a representative of manufacturers of motor vehicle
33-5 emissions inspection devices to serve a two-year term; and
33-6 (3) a representative of the public interest to serve a
33-7 three-year term.
33-8 (b) Not later than January 1, 2002, the members of the Texas
33-9 Natural Resource Conservation Commission shall appoint members to
33-10 the advisory committee created under Section 548.006,
33-11 Transportation Code, as added by this Act, as follows:
33-12 (1) the presiding officer of the commission shall
33-13 appoint a member to a three-year term;
33-14 (2) one member other than the presiding officer shall
33-15 appoint a member to a one-year term; and
33-16 (3) one member other than the presiding officer shall
33-17 appoint a member to a two-year term.
33-18 SECTION 13. (a) The Texas Natural Resource Conservation
33-19 Commission shall seek a binding commitment from the United States
33-20 Environmental Protection Agency that any county that is not
33-21 required by law but voluntarily chooses to participate in a motor
33-22 vehicle inspection and maintenance program under Subchapter F,
33-23 Chapter 548, Transportation Code, and a low-income vehicle repair
33-24 assistance, retrofit, and accelerated vehicle retirement program
33-25 authorized by Section 382.209, Health and Safety Code, as added by
33-26 this Act:
33-27 (1) will receive recognition and credit for taking
34-1 voluntary steps to reduce air pollution if the county is later
34-2 determined to exceed federally established clean air standards; and
34-3 (2) will not be penalized for having voluntarily
34-4 created programs to curb air pollution.
34-5 (b) The Texas Natural Resource Conservation Commission may
34-6 request assistance from the Texas congressional delegation,
34-7 counties interested in voluntarily participating in a program, or
34-8 another state or federal agency in order to obtain a binding
34-9 commitment under Subsection (a) of this section.
34-10 SECTION 14. (a) The changes in law made by this Act apply
34-11 only to an offense committed on or after the effective date of this
34-12 Act. For purposes of this section, an offense is committed before
34-13 the effective date of this Act if any element of the offense occurs
34-14 before that date.
34-15 (b) An offense committed before the effective date of this
34-16 Act is covered by the law in effect when the offense was committed,
34-17 and the former law is continued in effect for that purpose.
34-18 SECTION 15. This Act takes effect immediately if it receives
34-19 a vote of two-thirds of all the members elected to each house, as
34-20 provided by Section 39, Article III, Texas Constitution. If this
34-21 Act does not receive the vote necessary for immediate effect, this
34-22 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2134 was passed by the House on May
10, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2134 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor