77R13806 E
By Chisum H.B. No. 2134
Substitute the following for H.B. No. 2134:
By Uher C.S.H.B. No. 2134
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 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) Notwithstanding limitations on fees charged for
4-11 emissions testing under this chapter or for safety inspections
4-12 under Chapter 548, Transportation Code, an inspection station
4-13 owner, contractor, or operator may charge an additional amount of
4-14 not more than $10 for each vehicle for a combined safety inspection
4-15 and emissions test for each vehicle in an affected county or a
4-16 participating county if the hourly labor rate warrants an
4-17 additional charge. If an inspection station owner, contractor, or
4-18 operator charges an additional amount under this subsection, at
4-19 least one sign must be prominently displayed outside the facility
4-20 and at least one sign must be prominently displayed inside the
4-21 facility, in places clearly visible to the public, stating:
4-22 (1) the total fee for the inspection;
4-23 (2) the part of the fee assessed by the state;
4-24 (3) the part of the fee charged by the station in
4-25 excess of the state fee and retained by the station;
4-26 (4) the hourly labor rate charged by the station;
4-27 (5) that the fee is the same whether the vehicle
5-1 passes or fails the inspection; and
5-2 (6) that "Emissions inspections conducted at this
5-3 station are mandated by requirements of the federal Clean Air Act
5-4 (42 U.S.C. Section 7401 et seq.)."
5-5 (g) The commission shall:
5-6 (1) use part of the fee collected under Subsection (e)
5-7 to fund low-income vehicle repair assistance, retrofit, and
5-8 accelerated vehicle retirement programs created under Section
5-9 382.209; and
5-10 (2) to the extent practicable, distribute available
5-11 funding created under Subsection (e) to participating counties in
5-12 reasonable proportion to the amount of fees collected under
5-13 Subsection (e) in those counties or in the regions in which those
5-14 counties are located.
5-15 (h) Regardless of whether different tests are used for
5-16 different vehicles as determined under Section 382.205, the
5-17 commission may:
5-18 (1) set fees assessed under Subsection (e) at the same
5-19 rate for each vehicle in a county or region; and
5-20 (2) set different fees for different counties or
5-21 regions.
5-22 (i) The commission shall examine the efficacy of annually
5-23 inspecting diesel vehicles for compliance with applicable federal
5-24 emission standards, compliance with an opacity or other
5-25 emissions-related standard established by commission rule, or both
5-26 and shall implement that inspection program if the commission
5-27 determines the program would minimize emissions. For purposes of
6-1 this subsection, a diesel engine not used in a vehicle registered
6-2 for use on public highways is not a diesel vehicle.
6-3 (j) [(g)] The commission may not establish vehicle fuel
6-4 content standards to provide for vehicle fuel content for clean
6-5 motor vehicle fuels other than those standards promulgated by the
6-6 United States Environmental Protection Agency unless specifically
6-7 authorized by the legislature or unless it is demonstrated to be
6-8 necessary for the attainment of federal ozone ambient air quality
6-9 standards or, following appropriate health studies and in
6-10 consultation with the Texas Department of Health, it is determined
6-11 to be necessary for the protection of public health.
6-12 (k) The commission by rule may establish classes of vehicles
6-13 that are exempt from vehicle emissions inspections and by rule may
6-14 establish procedures to allow and review petitions for the
6-15 exemption of individual vehicles, according to criteria established
6-16 by commission rule. Rules adopted by the commission under this
6-17 subsection must be consistent with federal law. The commission by
6-18 rule may establish fees to recover the costs of administering this
6-19 subsection. Fees collected under this subsection shall be
6-20 deposited to the credit of the clean air account, an account in the
6-21 general revenue fund, and may be used only for the purposes of this
6-22 section.
6-23 (l) [(m)] Except as provided by this subsection, a person
6-24 who sells or transfers ownership of a motor vehicle for which a
6-25 vehicle emissions inspection certificate has been issued is not
6-26 liable for the cost of emission control system repairs that are
6-27 required for the vehicle subsequently to receive an emissions
7-1 inspection certificate. This subsection does not apply to repairs
7-2 that are required because emission control equipment or devices on
7-3 the vehicle were removed or tampered with before the sale or
7-4 transfer of the vehicle.
7-5 (m) [(n)] The commission may conduct audits to determine
7-6 compliance with this section.
7-7 Sec. 382.203 [382.0372]. VEHICLES SUBJECT TO PROGRAM;
7-8 EXEMPTIONS. (a) The inspection and maintenance program applies to
7-9 any gasoline-powered vehicle that is:
7-10 (1) required to be registered in and is primarily
7-11 operated in an affected county [Dallas, Tarrant, El Paso, or Harris
7-12 County]; and
7-13 (2) at least two and less than 25 years old; or
7-14 (3) subject to test-on-resale requirements under
7-15 Section 548.3011, Transportation Code.
7-16 (b) In addition to a vehicle described by Subsection (a),
7-17 the program applies to:
7-18 (1) a vehicle with United States governmental plates
7-19 primarily operated in an affected county [Dallas, Tarrant, El Paso,
7-20 or Harris County];
7-21 (2) a vehicle operated on a federal facility in an
7-22 affected county [Dallas, Tarrant, El Paso, or Harris County]; and
7-23 (3) a vehicle primarily operated in an affected county
7-24 [Dallas, Tarrant, El Paso, or Harris County] that is exempt from
7-25 motor vehicle registration requirements or eligible under Chapter
7-26 502, Transportation Code, to display an "exempt" license plate.
7-27 (c) The Department of Public Safety of the State of Texas by
8-1 rule may waive program requirements, in accordance with standards
8-2 adopted by the commission, for certain vehicles and vehicle owners,
8-3 including:
8-4 (1) the registered owner of a vehicle who[:]
8-5 [(A)] cannot afford to comply with the program,
8-6 based on reasonable income standards; [or]
8-7 [(B) has spent a reasonable amount of money, set
8-8 by the commission, to repair the vehicle, without bringing the
8-9 vehicle into compliance with emissions standards; and]
8-10 (2) a vehicle that cannot be brought into compliance
8-11 with emissions standards by performing repairs;
8-12 (3) a vehicle:
8-13 (A) on which at least $100 has been spent to
8-14 bring the vehicle into compliance; and
8-15 (B) that the department:
8-16 (i) can verify was driven fewer than 5,000
8-17 miles since the last safety inspection; and
8-18 (ii) reasonably determines will be driven
8-19 fewer than 5,000 miles during the period before the next safety
8-20 inspection is required; and
8-21 (4) a vehicle for which parts are not readily
8-22 available.
8-23 (d) The program does not apply to a:
8-24 (1) motorcycle;
8-25 (2) slow-moving vehicle as defined by Section 547.001,
8-26 Transportation Code; [or]
8-27 (3) vehicle that is registered but not operated
9-1 primarily in a county or group of counties subject to a motor
9-2 vehicle emissions inspection program established under Subchapter
9-3 F, Chapter 548, Transportation Code; or
9-4 (4) motor vehicle registered in a rural county in
9-5 which fewer than 70,000 motor vehicles are registered, regardless
9-6 of whether the county would otherwise be subject to a motor vehicle
9-7 emissions inspection program established under Subchapter F,
9-8 Chapter 548, Transportation Code [circus vehicle].
9-9 Sec. 382.204 [382.0373]. REMOTE SENSING PROGRAM COMPONENT.
9-10 (a) The commission and the Department of Public Safety of the
9-11 State of Texas jointly shall develop a program component for
9-12 enforcing vehicle emissions testing and standards by use of remote
9-13 or automatic emissions detection and analysis equipment.
9-14 (b) The program component may be employed in any county
9-15 designated as a nonattainment area within the meaning of Section
9-16 107(d) of the Clean Air Act (42 U.S.C. Section 7407) and its
9-17 subsequent amendments, in any affected county, or in any county
9-18 adjacent to an affected county.
9-19 (c) If a vehicle registered in a county adjacent to an
9-20 affected county is detected under the program component authorized
9-21 by this section as operating and exceeding acceptable emissions
9-22 limitations in an affected county, the department shall provide
9-23 notice of the violation under Section 548.306, Transportation Code.
9-24 Sec. 382.205 [382.0374]. INSPECTION EQUIPMENT AND
9-25 PROCEDURES. (a) The commission by rule may adopt:
9-26 (1) standards and specifications for motor vehicle
9-27 emissions testing equipment;
10-1 (2) recordkeeping and reporting procedures; and
10-2 (3) measurable emissions standards a vehicle must meet
10-3 to pass the inspection.
10-4 (b) In adopting standards and specifications under
10-5 Subsection (a), the commission may require different types of tests
10-6 for different vehicle models.
10-7 (c) In consultation with the Department of Public Safety of
10-8 the State of Texas, the commission may contract with one or more
10-9 private entities to provide testing equipment, training, and
10-10 related services to inspection stations in exchange for part of the
10-11 testing fee. A contract under this subsection may apply to one
10-12 specified area of the state or to the entire state.
10-13 (d) The Department of Public Safety of the State of Texas by
10-14 rule shall adopt:
10-15 (1) testing procedures in accordance with motor
10-16 vehicle emissions testing equipment specifications; and
10-17 (2) procedures for issuing or denying an emissions
10-18 inspection certificate.
10-19 (e) The commission and the Department of Public Safety of
10-20 the State of Texas by joint rule may adopt procedures to ensure
10-21 that a stable private market exists for providing emissions testing
10-22 to the public in all areas of an affected county, including:
10-23 (1) limits on the amount and type of testing equipment
10-24 in a given area of an affected county;
10-25 (2) allowing facilities to perform one or more types
10-26 of emissions tests; and
10-27 (3) any other measure the commission and the
11-1 Department of Public Safety consider appropriate.
11-2 (f) Rules and procedures under this section must ensure that
11-3 approved repair facilities participating in a low-income vehicle
11-4 repair assistance, retrofit, and accelerated vehicle retirement
11-5 program established under Section 382.209 have access to adequate
11-6 testing equipment.
11-7 (g) [(c)] Subject to Subsection (h) [(d)], the commission
11-8 and the Department of Public Safety of the State of Texas by rule
11-9 may allow alternative vehicle emissions testing[, including onboard
11-10 diagnostic testing,] if:
11-11 (1) the technology provides accurate and reliable
11-12 results;
11-13 (2) the technology is widely and readily available to
11-14 persons interested in performing alternative vehicle emissions
11-15 testing; and
11-16 (3) the use of alternative testing is not likely to
11-17 substantially affect federal approval of the state's air quality
11-18 state implementation plan.
11-19 (h) [(d)] A rule adopted under Subsection (g) [(c)] may not
11-20 be more restrictive than federal regulations governing vehicle
11-21 emissions testing.
11-22 Sec. 382.206 [382.0375]. COLLECTION OF DATA; REPORT. (a)
11-23 The commission and the Department of Public Safety of the State of
11-24 Texas may collect inspection and maintenance information derived
11-25 from the emissions inspection and maintenance program, including:
11-26 (1) inspection results;
11-27 (2) inspection station information;
12-1 (3) information regarding vehicles operated on federal
12-2 facilities;
12-3 (4) vehicle registration information; and
12-4 (5) other data the United States Environmental
12-5 Protection Agency requires.
12-6 (b) The commission shall:
12-7 (1) report the information to the United States
12-8 Environmental Protection Agency; and
12-9 (2) compare the information on inspection results with
12-10 registration information for enforcement purposes.
12-11 Sec. 382.207 [382.038]. INSPECTION STATIONS; QUALITY CONTROL
12-12 AUDITS. (a) The Department of Public Safety of the State of Texas
12-13 by rule shall adopt standards and procedures for establishing
12-14 vehicle emissions inspection stations authorized and licensed by
12-15 the state.
12-16 (b) A vehicle emissions inspection may be performed at a
12-17 decentralized independent inspection station or at a centralized
12-18 inspection facility operated or licensed by the state. In
12-19 developing the program for vehicle emissions inspections, the
12-20 Department of Public Safety shall make all reasonable efforts to
12-21 preserve the present decentralized system.
12-22 (c) After consultation with the Texas Department of
12-23 Transportation, the commission shall require state and local
12-24 transportation planning entities designated by the commission to
12-25 prepare long-term projections of the combined impact of significant
12-26 planned transportation system changes on emissions and air quality.
12-27 The projections shall be prepared using air pollution estimation
13-1 methodologies established jointly by the commission and the Texas
13-2 Department of Transportation. This subsection does not restrict
13-3 the Texas Department of Transportation's function as the
13-4 transportation planning body for the state or its role in
13-5 identifying and initiating specific transportation-related projects
13-6 in the state.
13-7 (d) The Department of Public Safety may authorize
13-8 enforcement personnel or other individuals to remove, disconnect,
13-9 adjust, or make inoperable vehicle emissions control equipment,
13-10 devices, or systems and to operate a vehicle in the tampered
13-11 condition in order to perform a quality control audit of an
13-12 inspection station or other quality control activities as necessary
13-13 to assess and ensure the effectiveness of the vehicle emissions
13-14 inspection and maintenance program.
13-15 (e) The Department of Public Safety shall develop a
13-16 challenge station program to provide for the reinspection of a
13-17 motor vehicle at the option of the owner of the vehicle to ensure
13-18 quality control of a vehicle emissions inspection and maintenance
13-19 system.
13-20 (f) The commission may contract with one or more private
13-21 entities to operate a program established under this section.
13-22 (g) In addition to other procedures established by the
13-23 commission, the commission shall establish procedures by which a
13-24 private entity with whom the commission has entered into a contract
13-25 to operate a program established under this section may agree to
13-26 perform:
13-27 (1) testing at a fleet facility or dealership using
14-1 mobile test equipment;
14-2 (2) testing at a fleet facility or dealership using
14-3 test equipment owned by the fleet or dealership but calibrated and
14-4 operated by the private entity's personnel; or
14-5 (3) testing at a fleet facility or dealership using
14-6 test equipment owned and operated by the private entity and
14-7 installed at the fleet or dealership facility.
14-8 (h) The fee for a test conducted as provided by Subsection
14-9 (g) shall be set by the commission in an amount not to exceed twice
14-10 the fee otherwise provided by law or by rule of the commission. An
14-11 appropriate portion of the fee, as determined by the commission,
14-12 may be remitted by the private entity to the fleet facility or
14-13 dealership.
14-14 Sec. 382.208 [382.039]. ATTAINMENT PROGRAM. (a) The
14-15 commission shall coordinate with federal, state, and local
14-16 transportation planning agencies to develop and implement
14-17 transportation programs and other measures necessary to demonstrate
14-18 and maintain attainment of national ambient air quality standards
14-19 and to protect the public from exposure to hazardous air
14-20 contaminants from motor vehicles.
14-21 (b) Participating agencies include the Texas Department of
14-22 Transportation and metropolitan planning organizations designated
14-23 by the governor.
14-24 Sec. 382.209. LOW-INCOME VEHICLE REPAIR ASSISTANCE,
14-25 RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM. (a) The
14-26 commission, the Texas Department of Transportation, and the Public
14-27 Safety Commission by joint rule shall establish and authorize the
15-1 commissioners court of a participating county to implement a
15-2 low-income vehicle repair assistance, retrofit, and accelerated
15-3 vehicle retirement program subject to agency oversight that may
15-4 include reasonable periodic commission audits.
15-5 (b) The commission shall provide funding for local
15-6 low-income vehicle repair assistance, retrofit, and accelerated
15-7 vehicle retirement programs with available funds collected under
15-8 Section 382.202 or other designated and available funds. Not more
15-9 than 10 percent of the money provided to a local low-income vehicle
15-10 repair assistance, retrofit, and accelerated vehicle retirement
15-11 program under this section may be used for administration of the
15-12 programs.
15-13 (c) The rules adopted under Subsection (a) must provide
15-14 procedures for ensuring that a program implemented under authority
15-15 of that subsection does not apply to a vehicle that is:
15-16 (1) registered under Section 502.274 or 502.275,
15-17 Transportation Code; and
15-18 (2) not regularly used for transportation during the
15-19 normal course of daily activities.
15-20 (d) Subject to the availability of funds, a low-income
15-21 vehicle repair assistance, retrofit, and accelerated vehicle
15-22 retirement program established under this section shall provide
15-23 monetary or other compensatory assistance for:
15-24 (1) repairs directly related to bringing certain
15-25 vehicles that have failed a required emissions test into compliance
15-26 with emissions requirements;
15-27 (2) a replacement vehicle or replacement assistance
16-1 for a vehicle that has failed a required emissions test and for
16-2 which the cost of repairs needed to bring the vehicle into
16-3 compliance is uneconomical; and
16-4 (3) installing retrofit equipment on vehicles that
16-5 have failed a required emissions test, if practically and
16-6 economically feasible, in lieu of or in combination with repairs
16-7 performed under Subdivision (1). The commission and the Department
16-8 of Public Safety of the State of Texas shall establish standards
16-9 and specifications for retrofit equipment that may be used under
16-10 this section.
16-11 (e) A vehicle is not eligible to participate in a low-income
16-12 vehicle repair assistance, retrofit, and accelerated vehicle
16-13 retirement program established under this section unless:
16-14 (1) the registration of the vehicle:
16-15 (A) is current; and
16-16 (B) reflects that the vehicle has been
16-17 registered in the county implementing the program for the two years
16-18 preceding the application for participation in the program;
16-19 (2) the commissioners court of the county
16-20 administering the program determines that the vehicle meets the
16-21 eligibility criteria adopted by the commission, the Texas
16-22 Department of Transportation, and the Public Safety Commission; and
16-23 (3) if the vehicle is to be repaired, the repair is
16-24 done by a repair facility recognized by the Department of Public
16-25 Safety, which may be an independent or private entity licensed by
16-26 the state.
16-27 (f) A fleet vehicle, a vehicle owned or leased by a
17-1 governmental entity, or a commercial vehicle is not eligible to
17-2 participate in a low-income vehicle repair assistance, retrofit,
17-3 and accelerated vehicle retirement program established and
17-4 implemented under this section.
17-5 (g) A participating county may contract with any appropriate
17-6 entity or with another county for services necessary to implement
17-7 the participating county's low-income vehicle repair assistance,
17-8 retrofit, and accelerated vehicle retirement program.
17-9 (h) Participation by an affected county in a low-income
17-10 vehicle repair assistance, retrofit, and accelerated vehicle
17-11 retirement program is not mandatory. To the extent allowed by
17-12 federal law, any emissions reductions attributable to a low-income
17-13 vehicle repair assistance, retrofit, and accelerated vehicle
17-14 retirement program in a county that are attained during a period
17-15 before the county is designated as a nonattainment county shall be
17-16 considered emissions reductions credit if the county is later
17-17 determined to be a nonattainment county.
17-18 Sec. 382.210. IMPLEMENTATION GUIDELINES. The commission by
17-19 rule shall adopt guidelines to assist a participating county in
17-20 implementing a low-income vehicle repair assistance, retrofit, and
17-21 accelerated vehicle retirement program authorized under Section
17-22 382.209. The guidelines at a minimum shall recommend:
17-23 (1) a minimum and maximum amount for repair
17-24 assistance;
17-25 (2) a minimum and maximum amount toward the purchase
17-26 price of a replacement vehicle qualified for the accelerated
17-27 retirement program;
18-1 (3) criteria for determining eligibility, taking into
18-2 account:
18-3 (A) the vehicle owner's income;
18-4 (B) the fair market value of the vehicle; and
18-5 (C) any other relevant considerations;
18-6 (4) safeguards for preventing fraud in the repair,
18-7 purchase, or sale of a vehicle in the program; and
18-8 (5) procedures for determining the degree and amount
18-9 of repair assistance a vehicle is allowed, based on:
18-10 (A) the amount of money the vehicle owner has
18-11 spent on repairs;
18-12 (B) the vehicle owner's income; and
18-13 (C) any other relevant factors.
18-14 Sec. 382.211. LOCAL ADVISORY PANEL. (a) The commissioners
18-15 court of a participating county may appoint one or more local
18-16 advisory panels consisting of representatives of automobile
18-17 dealerships, the automotive repair industry, safety inspection
18-18 facilities, the public, antique and vintage car clubs, local
18-19 nonprofit organizations, and locally affected governments to advise
18-20 the county regarding the operation of the county's low-income
18-21 vehicle repair assistance, retrofit, and accelerated vehicle
18-22 retirement program, including the identification of a vehicle make
18-23 or model with intrinsic value as an existing or future collectible.
18-24 (b) The commissioners court may delegate all or part of the
18-25 administrative and financial matters to one or more local advisory
18-26 panels established under Subsection (a).
18-27 Sec. 382.212. EMISSIONS REDUCTION CREDIT. (a) In this
19-1 section, "emissions reduction credit" means an emissions reduction
19-2 certified by the commission that is:
19-3 (1) created by eliminating future emissions,
19-4 quantified during or before the period in which emissions
19-5 reductions are made;
19-6 (2) expressed in tons or partial tons per year; and
19-7 (3) banked by the commission in accordance with
19-8 commission rules relating to emissions banking.
19-9 (b) To the extent allowable under federal law, the
19-10 commission by rule shall authorize:
19-11 (1) the assignment of a percentage of emissions
19-12 reduction credit to a private, commercial, or business entity that
19-13 purchases, for accelerated retirement, a qualified vehicle under a
19-14 low-income vehicle repair assistance, retrofit, and accelerated
19-15 vehicle retirement program;
19-16 (2) the transferability of an assigned emissions
19-17 reduction credit;
19-18 (3) the use of emissions reduction credit by the
19-19 holder of the credit against any state or federal emissions
19-20 requirements applicable to a facility owned or operated by the
19-21 holder of the credit;
19-22 (4) the assignment of a percentage of emissions
19-23 reduction credit, on the retirement of a fleet vehicle, a vehicle
19-24 owned or leased by a governmental entity, or a commercial vehicle,
19-25 to the owner or lessor of the vehicle; and
19-26 (5) other actions relating to the disposition or use
19-27 of emissions reduction credit that the commission determines will
20-1 benefit the implementation of low-income vehicle repair assistance,
20-2 retrofit, and accelerated vehicle retirement programs established
20-3 under Section 382.209.
20-4 Sec. 382.213. DISPOSITION OF RETIRED VEHICLE. (a) Except
20-5 as provided by Subsection (c) and Subdivision (5) of this
20-6 subsection, a vehicle retired under an accelerated vehicle
20-7 retirement program authorized by Section 382.209 may not be resold
20-8 or reused in its entirety in this or another state. The vehicle
20-9 must be:
20-10 (1) destroyed;
20-11 (2) recycled;
20-12 (3) dismantled and its parts sold as used parts or
20-13 used in the program;
20-14 (4) placed in a storage facility of a program
20-15 established under Section 382.209 and subsequently destroyed,
20-16 recycled, or dismantled and its parts sold or used in the program;
20-17 or
20-18 (5) repaired, brought into compliance, and used as a
20-19 replacement vehicle under Section 382.209(d)(2).
20-20 (b) Not more than 10 percent of all vehicles eligible for
20-21 retirement under this section may be used as replacement vehicles
20-22 under Subsection (a)(5).
20-23 (c) A vehicle identified by a local advisory panel as an
20-24 existing or future collectible vehicle under Section 382.211 may be
20-25 sold to an individual if the vehicle:
20-26 (1) is removed from the state;
20-27 (2) is removed from an affected county; or
21-1 (3) is stored for future restoration and cannot be
21-2 registered in an affected county except under Section 502.274 or
21-3 502.275, Transportation Code.
21-4 Sec. 382.214. SALE OF VEHICLE WITH INTENT TO DEFRAUD. (a)
21-5 A person who with intent to defraud sells a vehicle in an
21-6 accelerated vehicle retirement program established under Section
21-7 382.209 commits an offense that is a third degree felony.
21-8 (b) Sale of a vehicle in an accelerated vehicle retirement
21-9 program includes:
21-10 (1) sale of the vehicle to retire the vehicle under
21-11 the program; and
21-12 (2) sale of a vehicle purchased for retirement under
21-13 the program.
21-14 Sec. 382.215. SALE OF VEHICLE NOT REQUIRED. Nothing in this
21-15 subchapter may be construed to require a vehicle that has failed a
21-16 required emissions test to be sold or destroyed by the owner.
21-17 Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
21-18 VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
21-19 commission, the Texas Department of Transportation, and the Public
21-20 Safety Commission may, subject to federal limitations:
21-21 (1) encourage counties likely to exceed federal clean
21-22 air standards to implement voluntary:
21-23 (A) motor vehicle emissions inspection and
21-24 maintenance programs; and
21-25 (B) low-income vehicle repair assistance,
21-26 retrofit, and accelerated vehicle retirement programs;
21-27 (2) establish incentives for counties to voluntarily
22-1 implement motor vehicle emissions inspection and maintenance
22-2 programs and low-income vehicle repair assistance, retrofit, and
22-3 accelerated vehicle retirement programs; and
22-4 (3) designate a county that voluntarily implements a
22-5 motor vehicle emissions inspection and maintenance program or a
22-6 low-income vehicle repair assistance, retrofit, and accelerated
22-7 vehicle retirement program as a "Clean Air County" and give
22-8 preference to a county designated as a Clean Air County in any
22-9 federal or state clean air grant program.
22-10 SECTION 2. Section 382.0622(a), Health and Safety Code, is
22-11 amended to read as follows:
22-12 (a) Clean Air Act fees consist of:
22-13 (1) fees collected by the commission under Sections
22-14 382.062, 382.0621, and 382.202 [382.037] and as otherwise provided
22-15 by law; and
22-16 (2) $2 of each advance payment collected by the
22-17 Department of Public Safety for inspection certificates for
22-18 vehicles other than mopeds under Section 548.501, Transportation
22-19 Code.
22-20 SECTION 3. Subchapter B, Chapter 501, Transportation Code,
22-21 is amended by adding Section 501.0276 to read as follows:
22-22 Sec. 501.0276. DENIAL OF TITLE RECEIPT OR CERTIFICATE OF
22-23 TITLE FOR FAILURE TO PROVIDE PROOF OF EMISSIONS TESTING. A county
22-24 assessor-collector may not issue a title receipt and the commission
22-25 may not issue a certificate of title for a vehicle subject to
22-26 Section 548.3011 unless proof that the vehicle has passed a vehicle
22-27 emissions test as required by that section, in a form authorized by
23-1 that section, is presented to the county assessor-collector with
23-2 the application for certificate of title.
23-3 SECTION 4. Section 502.009(a), Transportation Code, is
23-4 amended to read as follows:
23-5 (a) The Department of Public Safety shall ensure compliance
23-6 with the motor vehicle emissions inspection and maintenance program
23-7 through a vehicle inspection sticker-based enforcement system
23-8 except as provided by this section or Section 548.3011.
23-9 Subsections (b)-(e) apply only if the United States Environmental
23-10 Protection Agency determines that the state has not demonstrated,
23-11 as required by 40 C.F.R. Section 51.361, that sticker-based
23-12 enforcement of the program is more effective than
23-13 registration-based enforcement and gives the Texas Natural Resource
23-14 Conservation Commission or the governor written notification that
23-15 the reregistration-based enforcement of the program, as described
23-16 by those subsections, will be required. If Subsections (b)-(e) are
23-17 made applicable as provided by this subsection, the department
23-18 shall terminate reregistration-based enforcement of the program
23-19 under those subsections on the date the United States Environmental
23-20 Protection Agency gives the Texas Natural Resource Conservation
23-21 Commission or a person the commission designates written
23-22 notification that reregistration-based enforcement is not required
23-23 for the state implementation plan.
23-24 SECTION 5. Subchapter D, Chapter 502, Transportation Code,
23-25 is amended by adding Section 502.1535 to read as follows:
23-26 Sec. 502.1535. EVIDENCE OF VEHICLE EMISSIONS INSPECTION. A
23-27 county assessor-collector may not register a motor vehicle subject
24-1 to Section 548.3011 unless proof that the vehicle has passed a
24-2 vehicle emissions test as required by that section, in a form
24-3 authorized by that section, is presented to the county
24-4 assessor-collector with the application for registration.
24-5 SECTION 6. Section 547.605, Transportation Code, is amended
24-6 by adding Subsections (d) and (e) to read as follows:
24-7 (d) Except when travel conditions require the downshifting
24-8 or use of lower gears to maintain reasonable momentum, a person
24-9 commits an offense if the person operates, or as an owner knowingly
24-10 permits another person to operate, a vehicle that emits:
24-11 (1) visible smoke for 10 seconds or longer; or
24-12 (2) visible smoke that remains suspended in the air
24-13 for 10 seconds or longer before fully dissipating.
24-14 (e) An offense under this section is a misdemeanor
24-15 punishable by a fine of not less than $1 and not more than $350 for
24-16 each violation. If a person has previously been convicted of an
24-17 offense under this section, an offense under this section is a
24-18 misdemeanor punishable by a fine of not less than $200 and not more
24-19 than $1,000 for each violation.
24-20 SECTION 7. Section 548.301(c), Transportation Code, is
24-21 amended to read as follows:
24-22 (c) A program established under Subsection (b) may [not]
24-23 include reregistration-based enforcement [unless the county by
24-24 resolution requests reregistration-based enforcement].
24-25 SECTION 8. Subchapter F, Chapter 548, Transportation Code,
24-26 is amended by adding Sections 548.3011 and 548.3012 to read as
24-27 follows:
25-1 Sec. 548.3011. EMISSIONS TEST ON RESALE. (a) This section
25-2 applies only to a vehicle:
25-3 (1) the most recent certificate of title for which or
25-4 registration of which was issued in a county without a motor
25-5 vehicle emissions inspection and maintenance program; and
25-6 (2) the ownership of which has changed and which has
25-7 been the subject of a retail sale as defined by Section 1.03, Texas
25-8 Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
25-9 Civil Statutes).
25-10 (b) A vehicle subject to this section is not eligible for a
25-11 title receipt under Section 501.024, a certificate of title under
25-12 Section 501.027, or registration under Chapter 502 in a county with
25-13 a motor vehicle emissions inspection and maintenance program unless
25-14 proof is presented with the application for certificate of title or
25-15 registration, as appropriate, that the vehicle, not earlier than
25-16 the 90th day before the date on which the new owner's application
25-17 for certificate of title or registration is filed with the county
25-18 clerk or county assessor-collector, as appropriate, has passed an
25-19 approved vehicle emissions test in the county in which it is to be
25-20 titled or registered.
25-21 (c) The proof required by Subsection (b) may be in the form
25-22 of a Vehicle Inspection Report (VIR) or other proof of program
25-23 compliance as authorized by the department.
25-24 Sec. 548.3012. EXEMPTION: VEHICLE NOT USED PRIMARILY IN
25-25 COUNTY OF REGISTRATION. (a) This section applies only to a
25-26 vehicle that:
25-27 (1) is to be registered in a county with a motor
26-1 vehicle emissions inspection and maintenance program; and
26-2 (2) will be used in that county for fewer than 60 days
26-3 during the registration period for which registration is sought.
26-4 (b) The owner of a vehicle described by Subsection (a) may
26-5 obtain for that vehicle an exemption from the vehicle emissions
26-6 test requirements of this subchapter by submitting to the county
26-7 assessor-collector an affidavit stating that the named vehicle will
26-8 be used in the county of registration for fewer than 60 calendar
26-9 days during the registration period for which registration is
26-10 sought.
26-11 SECTION 9. Section 548.306, Transportation Code, is amended
26-12 to read as follows:
26-13 Sec. 548.306. EXCESSIVE MOTOR VEHICLE EMISSIONS. (a) This
26-14 section applies to a motor vehicle registered or operated for more
26-15 than 60 days per calendar year in:
26-16 (1) a county or a portion of a county designated by
26-17 department rule in accordance with Section 548.301; or
26-18 (2) a county adjacent to a county described in
26-19 Subdivision (1) [standards provided by the United States
26-20 Environmental Protection Agency; or]
26-21 [(2) one of the following areas:]
26-22 [(A) the part of the Dallas/Fort Worth ozone
26-23 nonattainment area that consists of Collin, Dallas, Denton, and
26-24 Tarrant counties;]
26-25 [(B) the part of the El Paso ozone nonattainment
26-26 area that consists of El Paso County; or]
26-27 [(C) the part of the Houston/Galveston ozone
27-1 nonattainment area that consists of Brazoria, Chambers, Fort Bend,
27-2 Galveston, Harris, Liberty, Montgomery, and Waller counties].
27-3 (b) The registered owner of a motor vehicle commits an
27-4 offense if the vehicle, in an area described by Subsection (a),
27-5 emits:
27-6 (1) hydrocarbons, carbon monoxide, or nitrogen oxide
27-7 in an amount that is excessive under United States Environmental
27-8 Protection Agency standards or standards provided by department
27-9 rule; or
27-10 (2) another vehicle-related pollutant that is listed
27-11 by a department rule adopted to comply with Part A, National
27-12 Emission Standards Act (42 U.S.C. Sections 7602-7619), or rules of
27-13 the United States Environmental Protection Agency in an amount
27-14 identified as excessive under that rule[; or]
27-15 [(3) visible smoke that remains suspended in the air
27-16 10 or more seconds before fully dissipating].
27-17 (c) The department shall provide a notice of violation to
27-18 the registered owner of a vehicle that is detected violating
27-19 Subsection (b). The notice of violation must be made by personal
27-20 delivery to the registered owner or by mailing the notice to the
27-21 registered owner at the last known address of the owner. The
27-22 department shall include in the notice the date and location of the
27-23 violation detected and instructions for the registered owner
27-24 explaining how the owner must proceed to obtain and pass a
27-25 verification emissions inspection and to make any repair to the
27-26 vehicle necessary to pass the inspection and explaining any
27-27 extension or assistance that may be available to the owner for
28-1 making any necessary repair. Notice by mail is presumed delivered
28-2 on the 10th day after the date the notice is deposited in the mail.
28-3 (d) [The department shall provide notice under Subsection
28-4 (c) to the registered owner of a vehicle in violation of Subsection
28-5 (b)(3) as soon as is practicable after the department receives
28-6 notice that a peace officer in this state has issued the driver of
28-7 the vehicle an informative citation for the violation. The
28-8 department shall adopt rules governing the procedures for a peace
28-9 officer or police department to provide notice of informative
28-10 citations issued for violations of Subsection (b)(3). The rules
28-11 must include a requirement that, for each citation issued, the
28-12 peace officer or police department inform the department of the
28-13 date and location of the violation.]
28-14 [(e) A peace officer who has probable cause to believe an
28-15 offense under Subsection (b)(3) has been committed may issue the
28-16 driver of the vehicle an informative citation that indicates that
28-17 an offense under Subsection (b)(3) may have been committed and that
28-18 explains that the registered owner of the vehicle may receive in
28-19 the mail a notice under Subsection (c).]
28-20 [(f)] A registered owner of a vehicle commits an offense if:
28-21 (1) notice is delivered to the owner under Subsection
28-22 (c); and
28-23 (2) the owner fails to comply with any provision of
28-24 the notice before the 31st day after the date the notice is
28-25 delivered.
28-26 (e) [(g)] An offense under this section is a misdemeanor
28-27 punishable by a fine of not less than $1 and not more than $350. If
29-1 a person has previously been convicted of an offense under this
29-2 section, an offense under this section is a misdemeanor punishable
29-3 by a fine of not less than $200 and not more than $1,000.
29-4 (f) [(h)] It is an affirmative defense to an offense under
29-5 this section that the registered owner of the vehicle, before the
29-6 31st day after the date the owner receives a notice of violation:
29-7 (1) after a verification emissions inspection
29-8 indicated that the vehicle did not comply with applicable emissions
29-9 standards, repaired the vehicle as necessary and passed another
29-10 verification emissions inspection; and
29-11 (2) has complied with rules of the department
29-12 concerning a violation under this section.
29-13 (g) [(i)] The department may contract with a private person
29-14 to implement this section. The person must comply with terms,
29-15 policies, rules, and procedures the department adopts to administer
29-16 this section.
29-17 (h) [(j)] The Texas Department of Transportation may deny
29-18 reregistration of a vehicle if the registered owner of the vehicle
29-19 has received notification under Subsection (c) and the vehicle has
29-20 not passed a verification emissions inspection.
29-21 (i) [(k)] A hearing for a citation issued under this section
29-22 shall be heard by a justice of the peace of any precinct in the
29-23 county in which the vehicle is registered.
29-24 (j) [(l)] Enforcement of the remote sensing component of the
29-25 vehicle emissions inspection and maintenance program may not
29-26 involve any method of screening in which the registered owner of a
29-27 vehicle found to have allowable emissions by remote sensing
30-1 technology is charged a fee.
30-2 (k) [(m)] The department by rule may require that a vehicle
30-3 determined by on-road testing to have excessive emissions be
30-4 assessed an on-road emissions testing fee not to exceed the
30-5 emissions testing fee charged by a certified emissions testing
30-6 facility.
30-7 (l) [(n)] The department by rule may establish procedures
30-8 for reimbursing a fee for a verification test required by
30-9 Subsection (c) if the owner demonstrates to the department's
30-10 satisfaction that:
30-11 (1) the vehicle passed the verification emissions test
30-12 not later than the 30th day after the date the vehicle owner
30-13 received notice that the vehicle was detected as having excessive
30-14 emissions; and
30-15 (2) the vehicle did not receive any repair,
30-16 modification, alteration, or additive to the fuel, fuel tank, fuel
30-17 delivery system, engine, exhaust system, or any attached emissions
30-18 control components that would have, or could have, caused the
30-19 vehicle to experience improved emissions performance [was not
30-20 repaired] between the date of detection and the date of the
30-21 verification emissions test.
30-22 SECTION 10. Subchapter F, Chapter 548, Transportation Code,
30-23 is amended by adding Section 548.3065 to read as follows:
30-24 Sec. 548.3065. ADMINISTRATIVE PENALTY. (a) In lieu of
30-25 criminal proceedings for a violation of Section 548.306, the
30-26 department may impose an administrative penalty against a person
30-27 who knowingly violates this chapter or a rule adopted by the
31-1 commission under this chapter.
31-2 (b) The amount of the administrative penalty may not exceed
31-3 $1,000 for each violation. The aggregate penalty for multiple
31-4 violations may not exceed $10,000. Each day a violation continues
31-5 or occurs is a separate violation for purposes of imposing a
31-6 penalty.
31-7 (c) Except as otherwise provided by this section, the
31-8 procedures for determining and administering an administrative
31-9 penalty under this section against a person charged with violating
31-10 this chapter are the same as those prescribed by Section 643.251
31-11 for determining and administering an administrative penalty against
31-12 a motor carrier under that section.
31-13 (d) An administrative penalty collected under this section
31-14 shall be deposited in a special account in the general revenue fund
31-15 and may be used only by the department.
31-16 SECTION 11. (a) The Texas Natural Resource Conservation
31-17 Commission shall seek a binding commitment from the United States
31-18 Environmental Protection Agency that any county that is not
31-19 required by law but voluntarily chooses to participate in a motor
31-20 vehicle inspection and maintenance program under Subchapter F,
31-21 Chapter 548, Transportation Code, and a low-income vehicle repair
31-22 assistance, retrofit, and accelerated vehicle retirement program
31-23 authorized by Section 382.209, Health and Safety Code, as added by
31-24 this Act:
31-25 (1) will receive recognition and credit for taking
31-26 voluntary steps to reduce air pollution if the county is later
31-27 determined to exceed federally established clean air standards; and
32-1 (2) will not be penalized for having voluntarily
32-2 created programs to curb air pollution.
32-3 (b) The Texas Natural Resource Conservation Commission may
32-4 request assistance from the Texas congressional delegation,
32-5 counties interested in voluntarily participating in a program, or
32-6 another state or federal agency in order to obtain a binding
32-7 commitment under Subsection (a) of this section.
32-8 SECTION 12. (a) The changes in law made by this Act apply
32-9 only to an offense committed on or after the effective date of this
32-10 Act. For purposes of this section, an offense is committed before
32-11 the effective date of this Act if any element of the offense occurs
32-12 before that date.
32-13 (b) An offense committed before the effective date of this
32-14 Act is covered by the law in effect when the offense was committed,
32-15 and the former law is continued in effect for that purpose.
32-16 SECTION 13. This Act takes effect immediately if it receives
32-17 a vote of two-thirds of all the members elected to each house, as
32-18 provided by Section 39, Article III, Texas Constitution. If this
32-19 Act does not receive the vote necessary for immediate effect, this
32-20 Act takes effect September 1, 2001.