By Chisum H.B. No. 2134
77R6589 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of motor vehicle emissions; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 382, Health and Safety Code, is amended
1-6 by adding Subchapter G and Sections 382.037-382.039, Health and
1-7 Safety Code, are transferred to new Subchapter G, renumbered as
1-8 Sections 382.202-382.208, and amended to read as follows:
1-9 SUBCHAPTER G. VEHICLE EMISSIONS
1-10 Sec. 382.201. DEFINITIONS. In this subchapter:
1-11 (1) "Affected county" means a county with a motor
1-12 vehicle emissions inspection and maintenance program established
1-13 under Section 548.301, Transportation Code.
1-14 (2) "Commercial vehicle" means a vehicle that is owned
1-15 or leased in the regular course of business of a commercial or
1-16 business entity.
1-17 (3) "Fleet vehicle" means a motor vehicle operated as
1-18 one of a group that consists of more than 10 motor vehicles and
1-19 that is owned and operated by a public or commercial entity or by a
1-20 private entity other than a single household.
1-21 (4) "Participating county" means an affected county in
1-22 which the commissioners court by resolution has chosen to implement
1-23 a low-income vehicle repair assistance and accelerated vehicle
1-24 retirement program authorized by Section 382.209.
2-1 (5) "Vehicle" includes a fleet vehicle.
2-2 Sec. 382.202 [382.037]. VEHICLE EMISSIONS INSPECTION AND
2-3 MAINTENANCE PROGRAM. (a) The commission by resolution may request
2-4 the Public Safety Commission to establish a vehicle emissions
2-5 inspection and maintenance program under Subchapter F, Chapter 548,
2-6 Transportation Code, in accordance with this section and rules
2-7 adopted under this section. The commission by rule may establish,
2-8 implement, and administer a program requiring emissions-related
2-9 inspections of motor vehicles to be performed at inspection
2-10 facilities consistent with the requirements of the federal Clean
2-11 Air Act (42 U.S.C. Section 7401 et seq.) and its subsequent
2-12 amendments.
2-13 (b) The commission by rule may require emissions-related
2-14 inspection and maintenance of land vehicles, including testing
2-15 exhaust emissions, examining emission control devices and systems,
2-16 verifying compliance with applicable standards, and other
2-17 requirements as provided by federal law or regulation.
2-18 (c) If the program is established under this section, the
2-19 commission:
2-20 (1) shall adopt vehicle emissions inspection and
2-21 maintenance requirements for certain areas as required by federal
2-22 law or regulation; and
2-23 (2) shall [may] adopt vehicle emissions inspection and
2-24 maintenance requirements for counties not subject to a specific
2-25 federal requirement in response to a formal request by resolutions
2-26 adopted by the county and the most populous municipality within the
2-27 county according to the most recent federal decennial census.
3-1 (d) On adoption of a resolution by the commission and after
3-2 proper notice, the Department of Public Safety of the State of
3-3 Texas shall implement a system that requires, as a condition of
3-4 obtaining a safety inspection certificate issued under Subchapter
3-5 C, Chapter 548, Transportation Code, in a county that is included
3-6 in a vehicle emissions inspection and maintenance program under
3-7 Subchapter F of that chapter, that the vehicle, unless the vehicle
3-8 is not covered by the system, be annually or biennially inspected
3-9 under the vehicle emissions inspection and maintenance program as
3-10 required by the state's air quality state implementation plan. The
3-11 Department of Public Safety shall implement such a system when it
3-12 is required by any provision of federal or state law, including any
3-13 provision of the state's air quality state implementation plan.
3-14 (e) The commission may assess fees for vehicle
3-15 emissions-related inspections performed at inspection or
3-16 reinspection facilities authorized and licensed by the commission
3-17 in amounts reasonably necessary to recover the costs of developing,
3-18 administering, evaluating, and enforcing the vehicle emissions
3-19 inspection and maintenance program. If the program relies on
3-20 privately operated or contractor-operated inspection or
3-21 reinspection stations, an appropriate portion of the fee as
3-22 determined by commission rule may be retained by the station owner
3-23 or operator to recover the cost of performing the inspections and
3-24 provide for a reasonable margin of profit. Any portion of the fee
3-25 collected by the commission is a Clean Air Act fee under Section
3-26 382.0622.
3-27 (f) The commission shall:
4-1 (1) use part of the fee collected under Subsection (e)
4-2 to fund low-income and accelerated vehicle retirement programs
4-3 created under Section 382.209; and
4-4 (2) to the extent practicable, distribute available
4-5 funding created under Subsection (e) to participating counties in
4-6 reasonable proportion to the amount of fees collected under
4-7 Subsection (e) in those counties or in the regions in which those
4-8 counties are located.
4-9 (g) Regardless of whether different tests are used for
4-10 different vehicles as determined under Section 382.205, the
4-11 commission may:
4-12 (1) set fees assessed under Subsection (e) at the same
4-13 rate for each vehicle in a county or region; and
4-14 (2) set different fees for different counties or
4-15 regions.
4-16 (h) The commission shall examine the efficacy of annually
4-17 inspecting diesel vehicles for compliance with applicable federal
4-18 emission standards, compliance with an opacity or other
4-19 emissions-related standard established by commission rule, or both
4-20 and shall implement that inspection program if the commission
4-21 determines the program would minimize emissions. For purposes of
4-22 this subsection, a diesel engine not used in a vehicle registered
4-23 for use on public highways is not a diesel vehicle.
4-24 (i) [(g)] The commission may not establish vehicle fuel
4-25 content standards to provide for vehicle fuel content for clean
4-26 motor vehicle fuels other than those standards promulgated by the
4-27 United States Environmental Protection Agency unless specifically
5-1 authorized by the legislature or unless it is demonstrated to be
5-2 necessary for the attainment of federal ozone ambient air quality
5-3 standards or, following appropriate health studies and in
5-4 consultation with the Texas Department of Health, it is determined
5-5 to be necessary for the protection of public health.
5-6 (j) [(k)] The commission by rule may establish classes of
5-7 vehicles that are exempt from vehicle emissions inspections and by
5-8 rule may establish procedures to allow and review petitions for the
5-9 exemption of individual vehicles, according to criteria established
5-10 by commission rule. Rules adopted by the commission under this
5-11 subsection must be consistent with federal law. The commission by
5-12 rule may establish fees to recover the costs of administering this
5-13 subsection. Fees collected under this subsection shall be
5-14 deposited to the credit of the clean air account, an account in the
5-15 general revenue fund, and may be used only for the purposes of this
5-16 section.
5-17 (k) [(m)] Except as provided by this subsection, a person
5-18 who sells or transfers ownership of a motor vehicle for which a
5-19 vehicle emissions inspection certificate has been issued is not
5-20 liable for the cost of emission control system repairs that are
5-21 required for the vehicle subsequently to receive an emissions
5-22 inspection certificate. This subsection does not apply to repairs
5-23 that are required because emission control equipment or devices on
5-24 the vehicle were removed or tampered with before the sale or
5-25 transfer of the vehicle.
5-26 (l) [(n)] The commission may conduct audits to determine
5-27 compliance with this section.
6-1 Sec. 382.203 [382.0372]. VEHICLES SUBJECT TO PROGRAM;
6-2 EXEMPTIONS. (a) The inspection and maintenance program applies to
6-3 any gasoline-powered vehicle that is:
6-4 (1) required to be registered in and is primarily
6-5 operated in an affected county [Dallas, Tarrant, El Paso, or Harris
6-6 County]; and
6-7 (2) at least two and less than 25 years old; or
6-8 (3) subject to test-on-resale requirements under
6-9 Section 548.3011, Transportation Code.
6-10 (b) In addition to a vehicle described by Subsection (a),
6-11 the program applies to:
6-12 (1) a vehicle with United States governmental plates
6-13 primarily operated in an affected county [Dallas, Tarrant, El Paso,
6-14 or Harris County];
6-15 (2) a vehicle operated on a federal facility in an
6-16 affected county [Dallas, Tarrant, El Paso, or Harris County]; and
6-17 (3) a vehicle primarily operated in an affected county
6-18 [Dallas, Tarrant, El Paso, or Harris County] that is exempt from
6-19 motor vehicle registration requirements or eligible under Chapter
6-20 502, Transportation Code, to display an "exempt" license plate.
6-21 (c) The Department of Public Safety of the State of Texas by
6-22 rule may waive program requirements, in accordance with standards
6-23 adopted by the commission, for certain vehicles and vehicle owners,
6-24 including:
6-25 (1) the registered owner of a vehicle who[:]
6-26 [(A)] cannot afford to comply with the program,
6-27 based on reasonable income standards; [or]
7-1 [(B) has spent a reasonable amount of money, set
7-2 by the commission, to repair the vehicle, without bringing the
7-3 vehicle into compliance with emissions standards; and]
7-4 (2) a vehicle that cannot be brought into compliance
7-5 with emissions standards by performing repairs;
7-6 (3) a vehicle:
7-7 (A) on which at least $100 has been spent to
7-8 bring the vehicle into compliance; and
7-9 (B) that the department:
7-10 (i) can verify was driven fewer than 5,000
7-11 miles since the last safety inspection; and
7-12 (ii) reasonably determines will be driven
7-13 fewer than 5,000 miles during the period before the next safety
7-14 inspection is required; and
7-15 (4) a vehicle for which parts are not readily
7-16 available.
7-17 (d) The program does not apply to a:
7-18 (1) motorcycle;
7-19 (2) slow-moving vehicle as defined by Section 547.001,
7-20 Transportation Code; or
7-21 (3) vehicle that is registered but not operated
7-22 primarily in a county or group of counties subject to a motor
7-23 vehicle emissions inspection program established under Subchapter
7-24 F, Chapter 548, Transportation Code [circus vehicle].
7-25 Sec. 382.204 [382.0373]. REMOTE SENSING PROGRAM COMPONENT.
7-26 (a) The commission and the Department of Public Safety of the
7-27 State of Texas jointly shall develop a program component for
8-1 enforcing vehicle emissions testing and standards by use of remote
8-2 or automatic emissions detection and analysis equipment.
8-3 (b) The program component may be employed in any county
8-4 designated as a nonattainment area within the meaning of Section
8-5 107(d) of the Clean Air Act (42 U.S.C. Section 7407) and its
8-6 subsequent amendments, in any affected county, or in any county
8-7 adjacent to an affected county.
8-8 (c) If a vehicle registered in a county adjacent to an
8-9 affected county is detected under the program component authorized
8-10 by this section as operating and exceeding acceptable emissions
8-11 limitations in an affected county, the department shall provide
8-12 notice of the violation under Section 548.306, Transportation Code.
8-13 Sec. 382.205 [382.0374]. INSPECTION EQUIPMENT AND
8-14 PROCEDURES. (a) The commission by rule may adopt:
8-15 (1) standards and specifications for motor vehicle
8-16 emissions testing equipment;
8-17 (2) recordkeeping and reporting procedures; and
8-18 (3) measurable emissions standards a vehicle must meet
8-19 to pass the inspection.
8-20 (b) In adopting standards and specifications under
8-21 Subsection (a), the commission may require different types of tests
8-22 for different vehicle models.
8-23 (c) In consultation with the Department of Public Safety of
8-24 the State of Texas, the commission may contract with one or more
8-25 private entities to provide testing equipment to inspection
8-26 stations in exchange for part of the testing fee. A contract under
8-27 this subsection may apply to one specified area of the state or to
9-1 the entire state.
9-2 (d) The Department of Public Safety of the State of Texas by
9-3 rule shall adopt:
9-4 (1) testing procedures in accordance with motor
9-5 vehicle emissions testing equipment specifications; and
9-6 (2) procedures for issuing or denying an emissions
9-7 inspection certificate.
9-8 (e) [(c)] Subject to Subsection (f) [(d)], the commission
9-9 and the Department of Public Safety of the State of Texas by rule
9-10 may allow alternative vehicle emissions testing[, including onboard
9-11 diagnostic testing,] if:
9-12 (1) the technology provides accurate and reliable
9-13 results;
9-14 (2) the technology is widely and readily available to
9-15 persons interested in performing alternative vehicle emissions
9-16 testing; and
9-17 (3) the use of alternative testing is not likely to
9-18 substantially affect federal approval of the state's air quality
9-19 state implementation plan.
9-20 (f) [(d)] A rule adopted under Subsection (e) [(c)] may not
9-21 be more restrictive than federal regulations governing vehicle
9-22 emissions testing.
9-23 Sec. 382.206 [382.0375]. COLLECTION OF DATA; REPORT. (a)
9-24 The commission and the Department of Public Safety of the State of
9-25 Texas may collect inspection and maintenance information derived
9-26 from the emissions inspection and maintenance program, including:
9-27 (1) inspection results;
10-1 (2) inspection station information;
10-2 (3) information regarding vehicles operated on federal
10-3 facilities;
10-4 (4) vehicle registration information; and
10-5 (5) other data the United States Environmental
10-6 Protection Agency requires.
10-7 (b) The commission shall:
10-8 (1) report the information to the United States
10-9 Environmental Protection Agency; and
10-10 (2) compare the information on inspection results with
10-11 registration information for enforcement purposes.
10-12 Sec. 382.207 [382.038]. INSPECTION STATIONS; QUALITY CONTROL
10-13 AUDITS. (a) The Department of Public Safety of the State of Texas
10-14 by rule shall adopt standards and procedures for establishing
10-15 vehicle emissions inspection stations authorized and licensed by
10-16 the state.
10-17 (b) A vehicle emissions inspection may be performed at a
10-18 decentralized independent inspection station or at a centralized
10-19 inspection facility operated or licensed by the state. In
10-20 developing the program for vehicle emissions inspections, the
10-21 Department of Public Safety shall make all reasonable efforts to
10-22 preserve the present decentralized system.
10-23 (c) After consultation with the Texas Department of
10-24 Transportation, the commission shall require state and local
10-25 transportation planning entities designated by the commission to
10-26 prepare long-term projections of the combined impact of significant
10-27 planned transportation system changes on emissions and air quality.
11-1 The projections shall be prepared using air pollution estimation
11-2 methodologies established jointly by the commission and the Texas
11-3 Department of Transportation. This subsection does not restrict
11-4 the Texas Department of Transportation's function as the
11-5 transportation planning body for the state or its role in
11-6 identifying and initiating specific transportation-related projects
11-7 in the state.
11-8 (d) The Department of Public Safety may authorize
11-9 enforcement personnel or other individuals to remove, disconnect,
11-10 adjust, or make inoperable vehicle emissions control equipment,
11-11 devices, or systems and to operate a vehicle in the tampered
11-12 condition in order to perform a quality control audit of an
11-13 inspection station or other quality control activities as necessary
11-14 to assess and ensure the effectiveness of the vehicle emissions
11-15 inspection and maintenance program.
11-16 (e) The Department of Public Safety shall develop a
11-17 challenge station program to provide for the reinspection of a
11-18 motor vehicle at the option of the owner of the vehicle to ensure
11-19 quality control of a vehicle emissions inspection and maintenance
11-20 system.
11-21 (f) The commission may contract with one or more private
11-22 entities to operate a program established under this section.
11-23 (g) In addition to other procedures established by the
11-24 commission, the commission shall establish procedures by which a
11-25 private entity with whom the commission has entered into a contract
11-26 to operate a program established under this section may agree to
11-27 perform:
12-1 (1) testing at a fleet facility or dealership using
12-2 mobile test equipment;
12-3 (2) testing at a fleet facility or dealership using
12-4 test equipment owned by the fleet or dealership but calibrated and
12-5 operated by the private entity's personnel; or
12-6 (3) testing at a fleet facility or dealership using
12-7 test equipment owned and operated by the private entity and
12-8 installed at the fleet or dealership facility.
12-9 (h) The fee for a test conducted as provided by Subsection
12-10 (g) shall be set by the commission in an amount not to exceed twice
12-11 the fee otherwise provided by law or by rule of the commission. An
12-12 appropriate portion of the fee, as determined by the commission,
12-13 may be remitted by the private entity to the fleet facility or
12-14 dealership.
12-15 Sec. 382.208 [382.039]. ATTAINMENT PROGRAM. (a) The
12-16 commission shall coordinate with federal, state, and local
12-17 transportation planning agencies to develop and implement
12-18 transportation programs and other measures necessary to demonstrate
12-19 and maintain attainment of national ambient air quality standards
12-20 and to protect the public from exposure to hazardous air
12-21 contaminants from motor vehicles.
12-22 (b) Participating agencies include the Texas Department of
12-23 Transportation and metropolitan planning organizations designated
12-24 by the governor.
12-25 Sec. 382.209. LOW-INCOME VEHICLE REPAIR ASSISTANCE AND
12-26 ACCELERATED VEHICLE RETIREMENT PROGRAM. (a) The commission, the
12-27 Texas Department of Transportation, and the Public Safety
13-1 Commission by joint rule shall establish and authorize the
13-2 commissioners court of an affected county to implement a low-income
13-3 vehicle repair assistance and accelerated vehicle retirement
13-4 program subject to agency oversight that may include reasonable
13-5 periodic commission audits.
13-6 (b) The commission shall provide funding for local
13-7 low-income vehicle repair assistance and accelerated vehicle
13-8 retirement programs with available funds collected under Section
13-9 382.202 or other designated and available funds. Not more than 10
13-10 percent of the money provided to a local low-income vehicle repair
13-11 assistance and accelerated vehicle retirement program under this
13-12 section may be used for administration of the programs.
13-13 (c) The rules adopted under Subsection (a) must provide
13-14 procedures for ensuring that a program implemented under authority
13-15 of that subsection does not apply to a vehicle that is:
13-16 (1) registered under Section 502.274 or 502.275,
13-17 Transportation Code; and
13-18 (2) not regularly used for transportation during the
13-19 normal course of daily activities.
13-20 (d) Subject to the availability of funds, a low-income
13-21 vehicle repair assistance and accelerated vehicle retirement
13-22 program established under this section shall provide monetary or
13-23 other compensatory assistance for:
13-24 (1) repairs directly related to bringing certain
13-25 vehicles that have failed a required emissions test into compliance
13-26 with emissions requirements; and
13-27 (2) a replacement vehicle or replacement assistance
14-1 for a vehicle that has failed a required emissions test and for
14-2 which the cost of repairs needed to bring the vehicle into
14-3 compliance is uneconomical.
14-4 (e) A vehicle is not eligible to participate in a low-income
14-5 vehicle repair assistance and accelerated vehicle retirement
14-6 program established under this section unless:
14-7 (1) the registration of the vehicle:
14-8 (A) is current; and
14-9 (B) reflects that the vehicle has been
14-10 registered in the county implementing the program for the two years
14-11 preceding the application for participation in the program;
14-12 (2) the commissioners court of the county
14-13 administering the program determines that the vehicle meets the
14-14 eligibility criteria adopted by the commission, the Texas
14-15 Department of Transportation, and the Public Safety Commission; and
14-16 (3) if the vehicle is to be repaired, the repair is
14-17 done by a repair facility recognized by the Department of Public
14-18 Safety.
14-19 (f) A fleet vehicle, a vehicle owned or leased by a
14-20 governmental entity, or a commercial vehicle is not eligible to
14-21 participate in a low-income vehicle repair assistance and
14-22 accelerated vehicle retirement program established and implemented
14-23 under this section.
14-24 (g) A participating county may contract with any appropriate
14-25 entity or with another county for services necessary to implement
14-26 the participating county's low-income vehicle repair assistance and
14-27 accelerated vehicle retirement program.
15-1 (h) Participation by an affected county in a low-income
15-2 vehicle repair assistance and accelerated vehicle retirement
15-3 program is not mandatory. To the extent allowed by federal law,
15-4 any emissions reductions attributable to a low-income vehicle
15-5 repair assistance and accelerated vehicle retirement program in a
15-6 county that are attained during a period before the county is
15-7 designated as a nonattainment county shall be considered emissions
15-8 reductions credit if the county is later determined to be a
15-9 nonattainment county.
15-10 Sec. 382.210. IMPLEMENTATION GUIDELINES. The commission by
15-11 rule shall adopt guidelines to assist a participating county in
15-12 implementing a low-income vehicle repair assistance and accelerated
15-13 vehicle retirement program authorized under Section 382.209. The
15-14 guidelines at a minimum shall recommend:
15-15 (1) a minimum and maximum amount for repair
15-16 assistance;
15-17 (2) a minimum and maximum amount toward the purchase
15-18 price of a replacement vehicle qualified for the accelerated
15-19 retirement program;
15-20 (3) criteria for determining eligibility, taking into
15-21 account:
15-22 (A) the vehicle owner's income;
15-23 (B) the fair market value of the vehicle; and
15-24 (C) any other relevant considerations;
15-25 (4) safeguards for preventing fraud in the repair,
15-26 purchase, or sale of a vehicle in the program; and
15-27 (5) procedures for determining the degree and amount
16-1 of repair assistance a vehicle is allowed, based on:
16-2 (A) the amount of money the vehicle owner has
16-3 spent on repairs;
16-4 (B) the vehicle owner's income; and
16-5 (C) any other relevant factors.
16-6 Sec. 382.211. LOCAL ADVISORY PANEL. (a) The commissioners
16-7 court of a participating county may appoint one or more local
16-8 advisory panels consisting of representatives of automobile
16-9 dealerships, the automotive repair industry, safety inspection
16-10 facilities, the public, antique and vintage car clubs, local
16-11 nonprofit organizations, and locally affected governments to advise
16-12 the county regarding the operation of the county's low-income
16-13 vehicle repair assistance and accelerated vehicle retirement
16-14 program, including the identification of a vehicle make or model
16-15 with intrinsic value as an existing or future collectible.
16-16 (b) The commissioners court may delegate all or part of the
16-17 administrative and financial matters to one or more local advisory
16-18 panels established under Subsection (a).
16-19 Sec. 382.212. EMISSIONS REDUCTION CREDIT. (a) In this
16-20 section, "emissions reduction credit" means an emissions reduction
16-21 certified by the commission that is:
16-22 (1) created by eliminating future emissions,
16-23 quantified during or before the period in which emissions
16-24 reductions are made;
16-25 (2) expressed in tons or partial tons per year; and
16-26 (3) banked by the commission in accordance with
16-27 commission rules relating to emissions banking.
17-1 (b) To the extent allowable under federal law, the
17-2 commission by rule shall authorize:
17-3 (1) the assignment of a percentage of emissions
17-4 reduction credit to a private, commercial, or business entity that
17-5 purchases, for accelerated retirement, a qualified vehicle under a
17-6 low-income vehicle repair assistance and accelerated vehicle
17-7 retirement program;
17-8 (2) the transferability of an assigned emissions
17-9 reduction credit;
17-10 (3) the use of emissions reduction credit by the
17-11 holder of the credit against any state or federal emissions
17-12 requirements applicable to a facility owned or operated by the
17-13 holder of the credit;
17-14 (4) the assignment of a percentage of emissions
17-15 reduction credit, on the retirement of a fleet vehicle, a vehicle
17-16 owned or leased by a governmental entity, or a commercial vehicle,
17-17 to the owner or lessor of the vehicle; and
17-18 (5) other actions relating to the disposition or use
17-19 of emissions reduction credit that the commission determines will
17-20 benefit the implementation of low-income vehicle repair assistance
17-21 and accelerated vehicle retirement programs established under
17-22 Section 382.209.
17-23 Sec. 382.213. DISPOSITION OF RETIRED VEHICLE. (a) Except
17-24 as provided by Subsection (c) and Subdivision (5) of this
17-25 subsection, a vehicle retired under an accelerated vehicle
17-26 retirement program authorized by Section 382.209 may not be resold
17-27 or reused in its entirety in this or another state. The vehicle
18-1 must be:
18-2 (1) destroyed;
18-3 (2) recycled;
18-4 (3) dismantled and its parts sold as used parts or
18-5 used in the program;
18-6 (4) placed in a storage facility of a program
18-7 established under Section 382.209 and subsequently destroyed,
18-8 recycled, or dismantled and its parts sold or used in the program;
18-9 or
18-10 (5) repaired, brought into compliance, and used as a
18-11 replacement vehicle under Section 382.209(d)(2).
18-12 (b) Not more than 10 percent of all vehicles eligible for
18-13 retirement under this section may be used as replacement vehicles
18-14 under Subsection (a)(5).
18-15 (c) A vehicle identified by a local advisory panel as an
18-16 existing or future collectible vehicle under Section 382.211 may be
18-17 sold to an individual if the vehicle:
18-18 (1) is removed from the state;
18-19 (2) is removed from an affected county; or
18-20 (3) is stored for future restoration and cannot be
18-21 registered in an affected county except under Section 502.274 or
18-22 502.275, Transportation Code.
18-23 Sec. 382.214. SALE OF VEHICLE WITH INTENT TO DEFRAUD. (a)
18-24 A person who with intent to defraud sells a vehicle in an
18-25 accelerated vehicle retirement program established under Section
18-26 382.209 commits an offense that is a third-degree felony.
18-27 (b) Sale of a vehicle in an accelerated vehicle retirement
19-1 program includes:
19-2 (1) sale of the vehicle to retire the vehicle under
19-3 the program; and
19-4 (2) sale of a vehicle purchased for retirement under
19-5 the program.
19-6 Sec. 382.215. SALE OF VEHICLE NOT REQUIRED. Nothing in this
19-7 subchapter may be construed to require a vehicle that has failed a
19-8 required emissions test to be sold or destroyed by the owner.
19-9 Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
19-10 VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
19-11 commission, the Texas Department of Transportation, and the Public
19-12 Safety Commission may, subject to federal limitations:
19-13 (1) encourage counties likely to exceed federal clean
19-14 air standards to implement voluntary:
19-15 (A) motor vehicle emissions inspection and
19-16 maintenance programs; and
19-17 (B) low-income vehicle repair assistance and
19-18 accelerated vehicle retirement programs;
19-19 (2) establish incentives for counties to voluntarily
19-20 implement motor vehicle emissions inspection and maintenance
19-21 programs and low-income vehicle repair and accelerated vehicle
19-22 retirement programs; and
19-23 (3) designate a county that voluntarily implements a
19-24 motor vehicle emissions inspection and maintenance program or a
19-25 low-income vehicle repair assistance and accelerated vehicle
19-26 retirement program as a "Clean Air County" and give preference to
19-27 a county designated as a Clean Air County in any federal or state
20-1 clean air grant program.
20-2 SECTION 2. Section 382.0622(a), Transportation Code, is
20-3 amended to read as follows:
20-4 (a) Clean Air Act fees consist of:
20-5 (1) fees collected by the commission under Sections
20-6 382.062, 382.0621, and 382.202 [382.037] and as otherwise provided
20-7 by law; and
20-8 (2) $2 of each advance payment collected by the
20-9 Department of Public Safety for inspection certificates for
20-10 vehicles other than mopeds under Section 548.501, Transportation
20-11 Code.
20-12 SECTION 3. Subchapter B, Chapter 501, Transportation Code,
20-13 is amended by adding Section 501.0276 to read as follows:
20-14 Sec. 501.0276. DENIAL OF TITLE RECEIPT OR CERTIFICATE OF
20-15 TITLE FOR FAILURE TO PROVIDE PROOF OF EMISSIONS TESTING. A county
20-16 clerk may not issue a title receipt and the commission may not
20-17 issue a certificate of title for a vehicle subject to Section
20-18 548.3011 unless proof that the vehicle has passed a vehicle
20-19 emissions test as required by that section, in a form authorized by
20-20 that section, is presented to the county clerk with the application
20-21 for certificate of title.
20-22 SECTION 4. Section 502.009(a), Transportation Code, is
20-23 amended to read as follows:
20-24 (a) The Department of Public Safety shall ensure compliance
20-25 with the motor vehicle emissions inspection and maintenance program
20-26 through a vehicle inspection sticker-based enforcement system
20-27 except as provided by this section or Section 548.3011.
21-1 Subsections (b)-(e) apply only if the United States Environmental
21-2 Protection Agency determines that the state has not demonstrated,
21-3 as required by 40 C.F.R. Section 51.361, that sticker-based
21-4 enforcement of the program is more effective than
21-5 registration-based enforcement and gives the Texas Natural Resource
21-6 Conservation Commission or the governor written notification that
21-7 the reregistration-based enforcement of the program, as described
21-8 by those subsections, will be required. If Subsections (b)-(e) are
21-9 made applicable as provided by this subsection, the department
21-10 shall terminate reregistration-based enforcement of the program
21-11 under those subsections on the date the United States Environmental
21-12 Protection Agency gives the Texas Natural Resource Conservation
21-13 Commission or a person the commission designates written
21-14 notification that reregistration-based enforcement is not required
21-15 for the state implementation plan.
21-16 SECTION 5. Subchapter D, Chapter 502, Transportation Code,
21-17 is amended by adding Section 502.1535 to read as follows:
21-18 Sec. 502.1535. EVIDENCE OF VEHICLE EMISSIONS INSPECTION. A
21-19 county assessor-collector may not register a motor vehicle subject
21-20 to Section 548.3011 unless proof that the vehicle has passed a
21-21 vehicle emissions test as required by that section, in a form
21-22 authorized by that section, is presented to the county
21-23 assessor-collector with the application for registration.
21-24 SECTION 6. Section 547.605, Transportation Code, is amended
21-25 by adding Subsections (d) and (e) to read as follows:
21-26 (d) A person commits an offense if the person operates, or
21-27 as an owner knowingly permits another person to operate, a vehicle
22-1 that emits:
22-2 (1) visible smoke for 10 seconds or longer; or
22-3 (2) visible smoke that remains suspended in the air
22-4 for 10 seconds or longer before fully dissipating.
22-5 (e) An offense under this section is a misdemeanor
22-6 punishable by a fine of not less than $1 and not more than $350 for
22-7 each violation. If a person has previously been convicted of an
22-8 offense under this section, an offense under this section is a
22-9 misdemeanor punishable by a fine of not less than $200 and not more
22-10 than $1,000 for each violation.
22-11 SECTION 7. Section 548.301(c), Transportation Code, is
22-12 amended to read as follows:
22-13 (c) A program established under Subsection (b) may [not]
22-14 include reregistration-based enforcement [unless the county by
22-15 resolution requests reregistration-based enforcement].
22-16 SECTION 8. Subchapter F, Chapter 548, Transportation Code,
22-17 is amended by adding Sections 548.3011 and 548.3012 to read as
22-18 follows:
22-19 Sec. 548.3011. EMISSIONS TEST ON RESALE. (a) This section
22-20 applies only to a vehicle:
22-21 (1) the most recent certificate of title for which or
22-22 registration of which was issued in a county without a motor
22-23 vehicle emissions inspection and maintenance program; and
22-24 (2) the ownership of which has changed.
22-25 (b) A vehicle subject to this section is not eligible for a
22-26 title receipt under Section 501.024, a certificate of title under
22-27 Section 501.027, or registration under Chapter 502 in a county
23-1 with a motor vehicle emissions inspection and maintenance program
23-2 unless proof is presented with the application for certificate of
23-3 title or registration, as appropriate, that the vehicle, not
23-4 earlier than the 90th day before the date on which the new owner's
23-5 application for certificate of title or registration is filed with
23-6 the county clerk or county assessor-collector, as appropriate, has
23-7 passed an approved vehicle emissions test in the county in which it
23-8 is to be titled or registered.
23-9 (c) The proof required by Subsection (b) may be in the form
23-10 of a Vehicle Inspection Report (VIR) or other proof of program
23-11 compliance as authorized by the department.
23-12 Sec. 548.3012. EXEMPTION: VEHICLE NOT USED PRIMARILY IN
23-13 COUNTY OF REGISTRATION. (a) This section applies only to a
23-14 vehicle that:
23-15 (1) is to be registered in a county with a motor
23-16 vehicle emissions inspection and maintenance program; and
23-17 (2) will be used in that county for fewer than 60 days
23-18 during the registration period for which registration is sought.
23-19 (b) The owner of a vehicle described by Subsection (a) may
23-20 obtain for that vehicle an exemption from the vehicle emissions
23-21 test requirements of this subchapter by submitting to the county
23-22 assessor-collector an affidavit stating that the named vehicle will
23-23 be used in the county of registration for fewer than 60 calendar
23-24 days during the registration period for which registration is
23-25 sought.
23-26 SECTION 9. Section 548.306, Transportation Code, is amended
23-27 to read as follows:
24-1 Sec. 548.306. EXCESSIVE MOTOR VEHICLE EMISSIONS. (a) This
24-2 section applies to a motor vehicle registered or operated for more
24-3 than 60 days per calendar year in:
24-4 (1) a county or a portion of a county designated by
24-5 department rule in accordance with Section 548.301; or
24-6 (2) a county adjacent to a county described in
24-7 Subdivision (1) [standards provided by the United States
24-8 Environmental Protection Agency; or]
24-9 [(2) one of the following areas:]
24-10 [(A) the part of the Dallas/Fort Worth ozone
24-11 nonattainment area that consists of Collin, Dallas, Denton, and
24-12 Tarrant counties;]
24-13 [(B) the part of the El Paso ozone nonattainment
24-14 area that consists of El Paso County; or]
24-15 [(C) the part of the Houston/Galveston ozone
24-16 nonattainment area that consists of Brazoria, Chambers, Fort Bend,
24-17 Galveston, Harris, Liberty, Montgomery, and Waller counties].
24-18 (b) The registered owner of a motor vehicle commits an
24-19 offense if the vehicle, in an area described by Subsection (a),
24-20 emits:
24-21 (1) hydrocarbons, carbon monoxide, or nitrogen oxide
24-22 in an amount that is excessive under United States Environmental
24-23 Protection Agency standards or standards provided by department
24-24 rule; or
24-25 (2) another vehicle-related pollutant that is listed
24-26 by a department rule adopted to comply with Part A, National
24-27 Emission Standards Act (42 U.S.C. Sections 7602-7619), or rules of
25-1 the United States Environmental Protection Agency in an amount
25-2 identified as excessive under that rule[; or]
25-3 [(3) visible smoke that remains suspended in the air
25-4 10 or more seconds before fully dissipating].
25-5 (c) The department shall provide a notice of violation to
25-6 the registered owner of a vehicle that is detected violating
25-7 Subsection (b). The notice of violation must be made by personal
25-8 delivery to the registered owner or by mailing the notice to the
25-9 registered owner at the last known address of the owner. The
25-10 department shall include in the notice the date and location of the
25-11 violation detected and instructions for the registered owner
25-12 explaining how the owner must proceed to obtain and pass a
25-13 verification emissions inspection and to make any repair to the
25-14 vehicle necessary to pass the inspection and explaining any
25-15 extension or assistance that may be available to the owner for
25-16 making any necessary repair. Notice by mail is presumed delivered
25-17 on the 10th day after the date the notice is deposited in the mail.
25-18 (d) [The department shall provide notice under Subsection
25-19 (c) to the registered owner of a vehicle in violation of Subsection
25-20 (b)(3) as soon as is practicable after the department receives
25-21 notice that a peace officer in this state has issued the driver of
25-22 the vehicle an informative citation for the violation. The
25-23 department shall adopt rules governing the procedures for a peace
25-24 officer or police department to provide notice of informative
25-25 citations issued for violations of Subsection (b)(3). The rules
25-26 must include a requirement that, for each citation issued, the
25-27 peace officer or police department inform the department of the
26-1 date and location of the violation.]
26-2 [(e) A peace officer who has probable cause to believe an
26-3 offense under Subsection (b)(3) has been committed may issue the
26-4 driver of the vehicle an informative citation that indicates that
26-5 an offense under Subsection (b)(3) may have been committed and that
26-6 explains that the registered owner of the vehicle may receive in
26-7 the mail a notice under Subsection (c).]
26-8 [(f)] A registered owner of a vehicle commits an offense if:
26-9 (1) notice is delivered to the owner under Subsection
26-10 (c); and
26-11 (2) the owner fails to comply with any provision of
26-12 the notice before the 31st day after the date the notice is
26-13 delivered.
26-14 (e) [(g)] An offense under this section is a misdemeanor
26-15 punishable by a fine of not less than $1 and not more than $350. If
26-16 a person has previously been convicted of an offense under this
26-17 section, an offense under this section is a misdemeanor punishable
26-18 by a fine of not less than $200 and not more than $1,000.
26-19 (f) [(h)] It is an affirmative defense to an offense under
26-20 this section that the registered owner of the vehicle, before the
26-21 31st day after the date the owner receives a notice of violation:
26-22 (1) after a verification emissions inspection
26-23 indicated that the vehicle did not comply with applicable emissions
26-24 standards, repaired the vehicle as necessary and passed another
26-25 verification emissions inspection; and
26-26 (2) has complied with rules of the department
26-27 concerning a violation under this section.
27-1 (g) [(i)] The department may contract with a private person
27-2 to implement this section. The person must comply with terms,
27-3 policies, rules, and procedures the department adopts to administer
27-4 this section.
27-5 (h) [(j)] The Texas Department of Transportation may deny
27-6 reregistration of a vehicle if the registered owner of the vehicle
27-7 has received notification under Subsection (c) and the vehicle has
27-8 not passed a verification emissions inspection.
27-9 (i) [(k)] A hearing for a citation issued under this section
27-10 shall be heard by a justice of the peace of any precinct in the
27-11 county in which the vehicle is registered.
27-12 (j) [(l)] Enforcement of the remote sensing component of the
27-13 vehicle emissions inspection and maintenance program may not
27-14 involve any method of screening in which the registered owner of a
27-15 vehicle found to have allowable emissions by remote sensing
27-16 technology is charged a fee.
27-17 (k) [(m)] The department by rule may require that a vehicle
27-18 determined by on-road testing to have excessive emissions be
27-19 assessed an on-road emissions testing fee not to exceed the
27-20 emissions testing fee charged by a certified emissions testing
27-21 facility.
27-22 (l) [(n)] The department by rule may establish procedures
27-23 for reimbursing a fee for a verification test required by
27-24 Subsection (c) if the owner demonstrates to the department's
27-25 satisfaction that:
27-26 (1) the vehicle passed the verification emissions test
27-27 not later than the 30th day after the date the vehicle owner
28-1 received notice that the vehicle was detected as having excessive
28-2 emissions; and
28-3 (2) the vehicle did not receive any repair,
28-4 modification, alteration, or additive to the fuel, fuel tank, fuel
28-5 delivery system, engine, exhaust system, or any attached emissions
28-6 control components that would have, or could have, caused the
28-7 vehicle to experience improved emissions performance [was not
28-8 repaired] between the date of detection and the date of the
28-9 verification emissions test.
28-10 SECTION 10. Subchapter F, Chapter 548, Transportation Code,
28-11 is amended by adding Section 548.3065 to read as follows:
28-12 Sec. 548.3065. ADMINISTRATIVE PENALTY. (a) In lieu of
28-13 criminal proceedings for a violation of Section 548.306, the
28-14 department may impose an administrative penalty against a person
28-15 who knowingly violates this chapter or a rule adopted by the
28-16 commission under this chapter.
28-17 (b) The amount of the administrative penalty may not exceed
28-18 $1,000 for each violation. The aggregate penalty for multiple
28-19 violations may not exceed $10,000. Each day a violation continues
28-20 or occurs is a separate violation for purposes of imposing a
28-21 penalty.
28-22 (c) Except as otherwise provided by this section, the
28-23 procedures for determining and administering an administrative
28-24 penalty under this section against a person charged with violating
28-25 this chapter are the same as those prescribed by Section 643.251
28-26 for determining and administering an administrative penalty against
28-27 a motor carrier under that section.
29-1 (d) An administrative penalty collected under this section
29-2 shall be deposited in a special account in the general revenue fund
29-3 and may be used only by the department.
29-4 SECTION 11. (a) The Texas Natural Resource Conservation
29-5 Commission shall seek a binding commitment from the United States
29-6 Environmental Protection Agency that any county that is not
29-7 required by law but voluntarily chooses to participate in a motor
29-8 vehicle inspection and maintenance program under Subchapter F,
29-9 Chapter 548, Transportation Code, and a low-income vehicle repair
29-10 assistance and accelerated vehicle retirement program authorized by
29-11 Section 382.209, Health and Safety Code, as added by this Act:
29-12 (1) will receive recognition and credit for taking
29-13 voluntary steps to reduce air pollution if the county is later
29-14 determined to exceed federally established clean air standards; and
29-15 (2) will not be penalized for having voluntarily
29-16 created programs to curb air pollution.
29-17 (b) The Texas Natural Resource Conservation Commission may
29-18 request assistance from the Texas congressional delegation,
29-19 counties interested in voluntarily participating in a program, or
29-20 another state or federal agency in order to obtain a binding
29-21 commitment under Subsection (a) of this section.
29-22 SECTION 12. (a) The changes in law made by this Act apply
29-23 only to an offense committed on or after the effective date of this
29-24 Act. For purposes of this section, an offense is committed before
29-25 the effective date of this Act if any element of the offense occurs
29-26 before that date.
29-27 (b) An offense committed before the effective date of this
30-1 Act is covered by the law in effect when the offense was committed,
30-2 and the former law is continued in effect for that purpose.
30-3 SECTION 13. This Act takes effect immediately if it receives
30-4 a vote of two-thirds of all the members elected to each house, as
30-5 provided by Section 39, Article III, Texas Constitution. If this
30-6 Act does not receive the vote necessary for immediate effect, this
30-7 Act takes effect September 1, 2001.