1-1 By: Chisum (Senate Sponsor - Brown) H.B. No. 2134
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on Natural
1-4 Resources; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 4, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of motor vehicle emissions; providing
1-9 penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 382, Health and Safety Code, is amended
1-12 by adding Subchapter G and Sections 382.037-382.039, Health and
1-13 Safety Code, are transferred to new Subchapter G, renumbered as
1-14 Sections 382.202-382.208, and amended to read as follows:
1-15 SUBCHAPTER G. VEHICLE EMISSIONS
1-16 Sec. 382.201. DEFINITIONS. In this subchapter:
1-17 (1) "Affected county" means a county with a motor
1-18 vehicle emissions inspection and maintenance program established
1-19 under Section 548.301, Transportation Code.
1-20 (2) "Commercial vehicle" means a vehicle that is owned
1-21 or leased in the regular course of business of a commercial or
1-22 business entity.
1-23 (3) "Fleet vehicle" means a motor vehicle operated as
1-24 one of a group that consists of more than 10 motor vehicles and
1-25 that is owned and operated by a public or commercial entity or by a
1-26 private entity other than a single household.
1-27 (4) "Participating county" means an affected county in
1-28 which the commissioners court by resolution has chosen to implement
1-29 a low-income vehicle repair assistance, retrofit, and accelerated
1-30 vehicle retirement program authorized by Section 382.209.
1-31 (5) "Retrofit" means to equip, or the equipping of, an
1-32 engine or an exhaust or fuel system with new, emissions-reducing
1-33 parts or equipment designed to reduce air emissions and improve air
1-34 quality, after the manufacture of the original engine or exhaust or
1-35 fuel system, so long as the parts or equipment allow the vehicle to
1-36 meet or exceed state and federal air emissions reduction standards.
1-37 (6) "Retrofit equipment" means emissions-reducing
1-38 equipment designed to reduce air emissions and improve air quality
1-39 that is installed after the manufacture of the original engine or
1-40 exhaust or fuel system.
1-41 (7) "Vehicle" includes a fleet vehicle.
1-42 Sec. 382.202 [382.037]. VEHICLE EMISSIONS INSPECTION AND
1-43 MAINTENANCE PROGRAM. (a) The commission by resolution may request
1-44 the Public Safety Commission to establish a vehicle emissions
1-45 inspection and maintenance program under Subchapter F, Chapter 548,
1-46 Transportation Code, in accordance with this section and rules
1-47 adopted under this section. The commission by rule may establish,
1-48 implement, and administer a program requiring emissions-related
1-49 inspections of motor vehicles to be performed at inspection
1-50 facilities consistent with the requirements of the federal Clean
1-51 Air Act (42 U.S.C. Section 7401 et seq.) and its subsequent
1-52 amendments.
1-53 (b) The commission by rule may require emissions-related
1-54 inspection and maintenance of land vehicles, including testing
1-55 exhaust emissions, examining emission control devices and systems,
1-56 verifying compliance with applicable standards, and other
1-57 requirements as provided by federal law or regulation.
1-58 (c) If the program is established under this section, the
1-59 commission:
1-60 (1) shall adopt vehicle emissions inspection and
1-61 maintenance requirements for certain areas as required by federal
1-62 law or regulation; and
1-63 (2) shall [may] adopt vehicle emissions inspection and
1-64 maintenance requirements for counties not subject to a specific
2-1 federal requirement in response to a formal request by resolutions
2-2 adopted by the county and the most populous municipality within the
2-3 county according to the most recent federal decennial census.
2-4 (d) On adoption of a resolution by the commission and after
2-5 proper notice, the Department of Public Safety of the State of
2-6 Texas shall implement a system that requires, as a condition of
2-7 obtaining a safety inspection certificate issued under Subchapter
2-8 C, Chapter 548, Transportation Code, in a county that is included
2-9 in a vehicle emissions inspection and maintenance program under
2-10 Subchapter F of that chapter, that the vehicle, unless the vehicle
2-11 is not covered by the system, be annually or biennially inspected
2-12 under the vehicle emissions inspection and maintenance program as
2-13 required by the state's air quality state implementation plan. The
2-14 Department of Public Safety shall implement such a system when it
2-15 is required by any provision of federal or state law, including any
2-16 provision of the state's air quality state implementation plan.
2-17 (e) The commission may assess fees for vehicle
2-18 emissions-related inspections performed at inspection or
2-19 reinspection facilities authorized and licensed by the commission
2-20 in amounts reasonably necessary to recover the costs of developing,
2-21 administering, evaluating, and enforcing the vehicle emissions
2-22 inspection and maintenance program. If the program relies on
2-23 privately operated or contractor-operated inspection or
2-24 reinspection stations, an appropriate portion of the fee as
2-25 determined by commission rule may be retained by the station owner,
2-26 contractor, or operator to recover the cost of performing the
2-27 inspections and provide for a reasonable margin of profit. Any
2-28 portion of the fee collected by the commission is a Clean Air Act
2-29 fee under Section 382.0622.
2-30 (f) The commission:
2-31 (1) shall, no less frequently than biennially, review
2-32 the fee established under Subsection (e); and
2-33 (2) may use part of the fee collected under Subsection
2-34 (e) to provide incentives, including financial incentives, for
2-35 participation in the testing network to ensure availability of an
2-36 adequate number of testing stations.
2-37 (g) The commission shall:
2-38 (1) use part of the fee collected under Subsection (e)
2-39 to fund low-income vehicle repair assistance, retrofit, and
2-40 accelerated vehicle retirement programs created under Section
2-41 382.209; and
2-42 (2) to the extent practicable, distribute available
2-43 funding created under Subsection (e) to participating counties in
2-44 reasonable proportion to the amount of fees collected under
2-45 Subsection (e) in those counties or in the regions in which those
2-46 counties are located.
2-47 (h) Regardless of whether different tests are used for
2-48 different vehicles as determined under Section 382.205, the
2-49 commission may:
2-50 (1) set fees assessed under Subsection (e) at the same
2-51 rate for each vehicle in a county or region; and
2-52 (2) set different fees for different counties or
2-53 regions.
2-54 (i) The commission shall examine the efficacy of annually
2-55 inspecting diesel vehicles for compliance with applicable federal
2-56 emission standards, compliance with an opacity or other
2-57 emissions-related standard established by commission rule, or both
2-58 and shall implement that inspection program if the commission
2-59 determines the program would minimize emissions. For purposes of
2-60 this subsection, a diesel engine not used in a vehicle registered
2-61 for use on public highways is not a diesel vehicle.
2-62 (j) [(g)] The commission may not establish vehicle fuel
2-63 content standards to provide for vehicle fuel content for clean
2-64 motor vehicle fuels other than those standards promulgated by the
2-65 United States Environmental Protection Agency unless specifically
2-66 authorized by the legislature or unless it is demonstrated to be
2-67 necessary for the attainment of federal ozone ambient air quality
2-68 standards or, following appropriate health studies and in
2-69 consultation with the Texas Department of Health, it is determined
3-1 to be necessary for the protection of public health.
3-2 (k) The commission by rule may establish classes of vehicles
3-3 that are exempt from vehicle emissions inspections and by rule may
3-4 establish procedures to allow and review petitions for the
3-5 exemption of individual vehicles, according to criteria established
3-6 by commission rule. Rules adopted by the commission under this
3-7 subsection must be consistent with federal law. The commission by
3-8 rule may establish fees to recover the costs of administering this
3-9 subsection. Fees collected under this subsection shall be
3-10 deposited to the credit of the clean air account, an account in the
3-11 general revenue fund, and may be used only for the purposes of this
3-12 section.
3-13 (l) [(m)] Except as provided by this subsection, a person
3-14 who sells or transfers ownership of a motor vehicle for which a
3-15 vehicle emissions inspection certificate has been issued is not
3-16 liable for the cost of emission control system repairs that are
3-17 required for the vehicle subsequently to receive an emissions
3-18 inspection certificate. This subsection does not apply to repairs
3-19 that are required because emission control equipment or devices on
3-20 the vehicle were removed or tampered with before the sale or
3-21 transfer of the vehicle.
3-22 (m) [(n)] The commission may conduct audits to determine
3-23 compliance with this section.
3-24 (n) The commission may suspend the emissions inspection
3-25 program as it applies to pre-1996 vehicles in an affected county
3-26 if:
3-27 (1) the department certifies that the number of
3-28 pre-1996 vehicles in the county subject to the program is 20
3-29 percent or less of the number of those vehicles that were in the
3-30 county on September 1, 2001; and
3-31 (2) an alternative testing methodology that meets or
3-32 exceeds United States Environmental Protection Agency requirements
3-33 is available.
3-34 Sec. 382.203 [382.0372]. VEHICLES SUBJECT TO PROGRAM;
3-35 EXEMPTIONS. (a) The inspection and maintenance program applies to
3-36 any gasoline-powered vehicle that is:
3-37 (1) required to be registered in and is primarily
3-38 operated in an affected county [Dallas, Tarrant, El Paso, or Harris
3-39 County]; and
3-40 (2) at least two and less than 25 years old; or
3-41 (3) subject to test-on-resale requirements under
3-42 Section 548.3011, Transportation Code.
3-43 (b) In addition to a vehicle described by Subsection (a),
3-44 the program applies to:
3-45 (1) a vehicle with United States governmental plates
3-46 primarily operated in an affected county [Dallas, Tarrant, El Paso,
3-47 or Harris County];
3-48 (2) a vehicle operated on a federal facility in an
3-49 affected county [Dallas, Tarrant, El Paso, or Harris County]; and
3-50 (3) a vehicle primarily operated in an affected county
3-51 [Dallas, Tarrant, El Paso, or Harris County] that is exempt from
3-52 motor vehicle registration requirements or eligible under Chapter
3-53 502, Transportation Code, to display an "exempt" license plate.
3-54 (c) The Department of Public Safety of the State of Texas by
3-55 rule may waive program requirements, in accordance with standards
3-56 adopted by the commission, for certain vehicles and vehicle owners,
3-57 including:
3-58 (1) the registered owner of a vehicle who[:]
3-59 [(A)] cannot afford to comply with the program,
3-60 based on reasonable income standards; [or]
3-61 [(B) has spent a reasonable amount of money, set
3-62 by the commission, to repair the vehicle, without bringing the
3-63 vehicle into compliance with emissions standards; and]
3-64 (2) a vehicle that cannot be brought into compliance
3-65 with emissions standards by performing repairs;
3-66 (3) a vehicle:
3-67 (A) on which at least $100 has been spent to
3-68 bring the vehicle into compliance; and
3-69 (B) that the department:
4-1 (i) can verify was driven fewer than 5,000
4-2 miles since the last safety inspection; and
4-3 (ii) reasonably determines will be driven
4-4 fewer than 5,000 miles during the period before the next safety
4-5 inspection is required; and
4-6 (4) a vehicle for which parts are not readily
4-7 available.
4-8 (d) The program does not apply to a:
4-9 (1) motorcycle;
4-10 (2) slow-moving vehicle as defined by Section 547.001,
4-11 Transportation Code; or
4-12 (3) vehicle that is registered but not operated
4-13 primarily in a county or group of counties subject to a motor
4-14 vehicle emissions inspection program established under Subchapter
4-15 F, Chapter 548, Transportation Code [circus vehicle].
4-16 Sec. 382.204 [382.0373]. REMOTE SENSING PROGRAM COMPONENT.
4-17 (a) The commission and the Department of Public Safety of the
4-18 State of Texas jointly shall develop a program component for
4-19 enforcing vehicle emissions testing and standards by use of remote
4-20 or automatic emissions detection and analysis equipment.
4-21 (b) The program component may be employed in any county
4-22 designated as a nonattainment area within the meaning of Section
4-23 107(d) of the Clean Air Act (42 U.S.C. Section 7407) and its
4-24 subsequent amendments, in any affected county, or in any county
4-25 adjacent to an affected county.
4-26 (c) If a vehicle registered in a county adjacent to an
4-27 affected county is detected under the program component authorized
4-28 by this section as operating and exceeding acceptable emissions
4-29 limitations in an affected county, the department shall provide
4-30 notice of the violation under Section 548.306, Transportation Code.
4-31 Sec. 382.205 [382.0374]. INSPECTION EQUIPMENT AND
4-32 PROCEDURES. (a) The commission by rule may adopt:
4-33 (1) standards and specifications for motor vehicle
4-34 emissions testing equipment;
4-35 (2) recordkeeping and reporting procedures; and
4-36 (3) measurable emissions standards a vehicle must meet
4-37 to pass the inspection.
4-38 (b) In adopting standards and specifications under
4-39 Subsection (a), the commission may require different types of tests
4-40 for different vehicle models.
4-41 (c) In consultation with the Department of Public Safety of
4-42 the State of Texas, the commission may contract with one or more
4-43 private entities to provide testing equipment, training, and
4-44 related services to inspection stations in exchange for part of the
4-45 testing fee. A contract under this subsection may apply to one
4-46 specified area of the state or to the entire state. The commission
4-47 at least once during each year shall review each contract entered
4-48 into under this subsection to determine whether the contracting
4-49 entity is performing satisfactorily under the terms of the
4-50 contract. Immediately after completing the review, the commission
4-51 shall prepare a report summarizing the review and send a copy of
4-52 the report to the speaker of the house of representatives, the
4-53 lieutenant governor, and the governor.
4-54 (d) The Department of Public Safety of the State of Texas by
4-55 rule shall adopt:
4-56 (1) testing procedures in accordance with motor
4-57 vehicle emissions testing equipment specifications; and
4-58 (2) procedures for issuing or denying an emissions
4-59 inspection certificate.
4-60 (e) The commission and the Department of Public Safety of
4-61 the State of Texas by joint rule may adopt procedures to encourage
4-62 a stable private market for providing emissions testing to the
4-63 public in all areas of an affected county, including:
4-64 (1) allowing facilities to perform one or more types
4-65 of emissions tests; and
4-66 (2) any other measure the commission and the
4-67 Department of Public Safety consider appropriate.
4-68 (f) Rules and procedures under this section must ensure that
4-69 approved repair facilities participating in a low-income vehicle
5-1 repair assistance, retrofit, and accelerated vehicle retirement
5-2 program established under Section 382.209 have access to adequate
5-3 testing equipment.
5-4 (g) [(c)] Subject to Subsection (h) [(d)], the commission
5-5 and the Department of Public Safety of the State of Texas by rule
5-6 may allow alternative vehicle emissions testing[, including onboard
5-7 diagnostic testing,] if:
5-8 (1) the technology provides accurate and reliable
5-9 results;
5-10 (2) the technology is widely and readily available to
5-11 persons interested in performing alternative vehicle emissions
5-12 testing; and
5-13 (3) the use of alternative testing is not likely to
5-14 substantially affect federal approval of the state's air quality
5-15 state implementation plan.
5-16 (h) [(d)] A rule adopted under Subsection (g) [(c)] may not
5-17 be more restrictive than federal regulations governing vehicle
5-18 emissions testing.
5-19 Sec. 382.206 [382.0375]. COLLECTION OF DATA; REPORT. (a)
5-20 The commission and the Department of Public Safety of the State of
5-21 Texas may collect inspection and maintenance information derived
5-22 from the emissions inspection and maintenance program, including:
5-23 (1) inspection results;
5-24 (2) inspection station information;
5-25 (3) information regarding vehicles operated on federal
5-26 facilities;
5-27 (4) vehicle registration information; and
5-28 (5) other data the United States Environmental
5-29 Protection Agency requires.
5-30 (b) The commission shall:
5-31 (1) report the information to the United States
5-32 Environmental Protection Agency; and
5-33 (2) compare the information on inspection results with
5-34 registration information for enforcement purposes.
5-35 Sec. 382.207 [382.038]. INSPECTION STATIONS; QUALITY CONTROL
5-36 AUDITS. (a) The Department of Public Safety of the State of Texas
5-37 by rule shall adopt standards and procedures for establishing
5-38 vehicle emissions inspection stations authorized and licensed by
5-39 the state.
5-40 (b) A vehicle emissions inspection may be performed at a
5-41 decentralized independent inspection station or at a centralized
5-42 inspection facility operated or licensed by the state. In
5-43 developing the program for vehicle emissions inspections, the
5-44 Department of Public Safety shall make all reasonable efforts to
5-45 preserve the present decentralized system.
5-46 (c) After consultation with the Texas Department of
5-47 Transportation, the commission shall require state and local
5-48 transportation planning entities designated by the commission to
5-49 prepare long-term projections of the combined impact of significant
5-50 planned transportation system changes on emissions and air quality.
5-51 The projections shall be prepared using air pollution estimation
5-52 methodologies established jointly by the commission and the Texas
5-53 Department of Transportation. This subsection does not restrict
5-54 the Texas Department of Transportation's function as the
5-55 transportation planning body for the state or its role in
5-56 identifying and initiating specific transportation-related projects
5-57 in the state.
5-58 (d) The Department of Public Safety may authorize
5-59 enforcement personnel or other individuals to remove, disconnect,
5-60 adjust, or make inoperable vehicle emissions control equipment,
5-61 devices, or systems and to operate a vehicle in the tampered
5-62 condition in order to perform a quality control audit of an
5-63 inspection station or other quality control activities as necessary
5-64 to assess and ensure the effectiveness of the vehicle emissions
5-65 inspection and maintenance program.
5-66 (e) The Department of Public Safety shall develop a
5-67 challenge station program to provide for the reinspection of a
5-68 motor vehicle at the option of the owner of the vehicle to ensure
5-69 quality control of a vehicle emissions inspection and maintenance
6-1 system.
6-2 (f) The commission may contract with one or more private
6-3 entities to operate a program established under this section.
6-4 (g) In addition to other procedures established by the
6-5 commission, the commission shall establish procedures by which a
6-6 private entity with whom the commission has entered into a contract
6-7 to operate a program established under this section may agree to
6-8 perform:
6-9 (1) testing at a fleet facility or dealership using
6-10 mobile test equipment;
6-11 (2) testing at a fleet facility or dealership using
6-12 test equipment owned by the fleet or dealership but calibrated and
6-13 operated by the private entity's personnel; or
6-14 (3) testing at a fleet facility or dealership using
6-15 test equipment owned and operated by the private entity and
6-16 installed at the fleet or dealership facility.
6-17 (h) The fee for a test conducted as provided by Subsection
6-18 (g) shall be set by the commission in an amount not to exceed twice
6-19 the fee otherwise provided by law or by rule of the commission. An
6-20 appropriate portion of the fee, as determined by the commission,
6-21 may be remitted by the private entity to the fleet facility or
6-22 dealership.
6-23 Sec. 382.208 [382.039]. ATTAINMENT PROGRAM. (a) The
6-24 commission shall coordinate with federal, state, and local
6-25 transportation planning agencies to develop and implement
6-26 transportation programs and other measures necessary to demonstrate
6-27 and maintain attainment of national ambient air quality standards
6-28 and to protect the public from exposure to hazardous air
6-29 contaminants from motor vehicles.
6-30 (b) Participating agencies include the Texas Department of
6-31 Transportation and metropolitan planning organizations designated
6-32 by the governor.
6-33 Sec. 382.209. LOW-INCOME VEHICLE REPAIR ASSISTANCE,
6-34 RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM. (a) The
6-35 commission and the Public Safety Commission by joint rule shall
6-36 establish and authorize the commissioners court of a participating
6-37 county to implement a low-income vehicle repair assistance,
6-38 retrofit, and accelerated vehicle retirement program subject to
6-39 agency oversight that may include reasonable periodic commission
6-40 audits.
6-41 (b) The commission shall provide funding for local
6-42 low-income vehicle repair assistance, retrofit, and accelerated
6-43 vehicle retirement programs with available funds collected under
6-44 Section 382.202 or other designated and available funds. Not more
6-45 than five percent of the money provided to a local low-income
6-46 vehicle repair assistance, retrofit, and accelerated vehicle
6-47 retirement program under this section may be used for
6-48 administration of the programs.
6-49 (c) The rules adopted under Subsection (a) must provide
6-50 procedures for ensuring that a program implemented under authority
6-51 of that subsection does not apply to a vehicle that is:
6-52 (1) registered under Section 502.274 or 502.275,
6-53 Transportation Code; and
6-54 (2) not regularly used for transportation during the
6-55 normal course of daily activities.
6-56 (d) Subject to the availability of funds, a low-income
6-57 vehicle repair assistance, retrofit, and accelerated vehicle
6-58 retirement program established under this section shall provide
6-59 monetary or other compensatory assistance for:
6-60 (1) repairs directly related to bringing certain
6-61 vehicles that have failed a required emissions test into compliance
6-62 with emissions requirements;
6-63 (2) a replacement vehicle or replacement assistance
6-64 for a vehicle that has failed a required emissions test and for
6-65 which the cost of repairs needed to bring the vehicle into
6-66 compliance is uneconomical; and
6-67 (3) installing retrofit equipment on vehicles that
6-68 have failed a required emissions test, if practically and
6-69 economically feasible, in lieu of or in combination with repairs
7-1 performed under Subdivision (1). The commission and the Department
7-2 of Public Safety of the State of Texas shall establish standards
7-3 and specifications for retrofit equipment that may be used under
7-4 this section.
7-5 (e) A vehicle is not eligible to participate in a low-income
7-6 vehicle repair assistance, retrofit, and accelerated vehicle
7-7 retirement program established under this section unless:
7-8 (1) the vehicle is capable of being operated;
7-9 (2) the registration of the vehicle:
7-10 (A) is current; and
7-11 (B) reflects that the vehicle has been
7-12 registered in the county implementing the program for the two years
7-13 preceding the application for participation in the program;
7-14 (3) the commissioners court of the county
7-15 administering the program determines that the vehicle meets the
7-16 eligibility criteria adopted by the commission, the Texas
7-17 Department of Transportation, and the Public Safety Commission; and
7-18 (4) if the vehicle is to be repaired, the repair is
7-19 done by a repair facility recognized by the Department of Public
7-20 Safety, which may be an independent or private entity licensed by
7-21 the state.
7-22 (f) A fleet vehicle, a vehicle owned or leased by a
7-23 governmental entity, or a commercial vehicle is not eligible to
7-24 participate in a low-income vehicle repair assistance, retrofit,
7-25 and accelerated vehicle retirement program established and
7-26 implemented under this section.
7-27 (g) A participating county may contract with any appropriate
7-28 entity or with another county for services necessary to implement
7-29 the participating county's low-income vehicle repair assistance,
7-30 retrofit, and accelerated vehicle retirement program.
7-31 (h) Participation by an affected county in a low-income
7-32 vehicle repair assistance, retrofit, and accelerated vehicle
7-33 retirement program is not mandatory. To the extent allowed by
7-34 federal law, any emissions reductions attributable to a low-income
7-35 vehicle repair assistance, retrofit, and accelerated vehicle
7-36 retirement program in a county that are attained during a period
7-37 before the county is designated as a nonattainment county shall be
7-38 considered emissions reductions credit if the county is later
7-39 determined to be a nonattainment county.
7-40 Sec. 382.210. IMPLEMENTATION GUIDELINES. The commission by
7-41 rule shall adopt guidelines to assist a participating county in
7-42 implementing a low-income vehicle repair assistance, retrofit, and
7-43 accelerated vehicle retirement program authorized under Section
7-44 382.209. The guidelines at a minimum shall recommend:
7-45 (1) a minimum and maximum amount for repair
7-46 assistance;
7-47 (2) a minimum and maximum amount toward the purchase
7-48 price of a replacement vehicle qualified for the accelerated
7-49 retirement program;
7-50 (3) criteria for determining eligibility, taking into
7-51 account:
7-52 (A) the vehicle owner's income;
7-53 (B) the fair market value of the vehicle; and
7-54 (C) any other relevant considerations;
7-55 (4) safeguards for preventing fraud in the repair,
7-56 purchase, or sale of a vehicle in the program; and
7-57 (5) procedures for determining the degree and amount
7-58 of repair assistance a vehicle is allowed, based on:
7-59 (A) the amount of money the vehicle owner has
7-60 spent on repairs;
7-61 (B) the vehicle owner's income; and
7-62 (C) any other relevant factors.
7-63 Sec. 382.211. LOCAL ADVISORY PANEL. (a) The commissioners
7-64 court of a participating county may appoint one or more local
7-65 advisory panels consisting of representatives of automobile
7-66 dealerships, the automotive repair industry, safety inspection
7-67 facilities, the public, antique and vintage car clubs, local
7-68 nonprofit organizations, and locally affected governments to advise
7-69 the county regarding the operation of the county's low-income
8-1 vehicle repair assistance, retrofit, and accelerated vehicle
8-2 retirement program, including the identification of a vehicle make
8-3 or model with intrinsic value as an existing or future collectible.
8-4 (b) The commissioners court may delegate all or part of the
8-5 administrative and financial matters to one or more local advisory
8-6 panels established under Subsection (a).
8-7 Sec. 382.212. EMISSIONS REDUCTION CREDIT. (a) In this
8-8 section, "emissions reduction credit" means an emissions reduction
8-9 certified by the commission that is:
8-10 (1) created by eliminating future emissions,
8-11 quantified during or before the period in which emissions
8-12 reductions are made;
8-13 (2) expressed in tons or partial tons per year; and
8-14 (3) banked by the commission in accordance with
8-15 commission rules relating to emissions banking.
8-16 (b) To the extent allowable under federal law, the
8-17 commission by rule shall authorize:
8-18 (1) the assignment of a percentage of emissions
8-19 reduction credit to a private, commercial, or business entity that
8-20 purchases, for accelerated retirement, a qualified vehicle under a
8-21 low-income vehicle repair assistance, retrofit, and accelerated
8-22 vehicle retirement program;
8-23 (2) the transferability of an assigned emissions
8-24 reduction credit;
8-25 (3) the use of emissions reduction credit by the
8-26 holder of the credit against any state or federal emissions
8-27 requirements applicable to a facility owned or operated by the
8-28 holder of the credit;
8-29 (4) the assignment of a percentage of emissions
8-30 reduction credit, on the retirement of a fleet vehicle, a vehicle
8-31 owned or leased by a governmental entity, or a commercial vehicle,
8-32 to the owner or lessor of the vehicle; and
8-33 (5) other actions relating to the disposition or use
8-34 of emissions reduction credit that the commission determines will
8-35 benefit the implementation of low-income vehicle repair assistance,
8-36 retrofit, and accelerated vehicle retirement programs established
8-37 under Section 382.209.
8-38 Sec. 382.213. DISPOSITION OF RETIRED VEHICLE. (a) Except
8-39 as provided by Subsection (c) and Subdivision (5) of this
8-40 subsection, a vehicle retired under an accelerated vehicle
8-41 retirement program authorized by Section 382.209 may not be resold
8-42 or reused in its entirety in this or another state. The vehicle
8-43 must be:
8-44 (1) destroyed;
8-45 (2) recycled;
8-46 (3) dismantled and its parts sold as used parts or
8-47 used in the program;
8-48 (4) placed in a storage facility of a program
8-49 established under Section 382.209 and subsequently destroyed,
8-50 recycled, or dismantled and its parts sold or used in the program;
8-51 or
8-52 (5) repaired, brought into compliance, and used as a
8-53 replacement vehicle under Section 382.209(d)(2).
8-54 (b) Not more than 10 percent of all vehicles eligible for
8-55 retirement under this section may be used as replacement vehicles
8-56 under Subsection (a)(5).
8-57 (c) A vehicle identified by a local advisory panel as an
8-58 existing or future collectible vehicle under Section 382.211 may be
8-59 sold to an individual if the vehicle:
8-60 (1) is repaired and brought into compliance;
8-61 (2) is removed from the state;
8-62 (3) is removed from an affected county; or
8-63 (4) is stored for future restoration and cannot be
8-64 registered in an affected county except under Section 502.274 or
8-65 502.275, Transportation Code.
8-66 Sec. 382.214. SALE OF VEHICLE WITH INTENT TO DEFRAUD. (a)
8-67 A person who with intent to defraud sells a vehicle in an
8-68 accelerated vehicle retirement program established under Section
8-69 382.209 commits an offense that is a third degree felony.
9-1 (b) Sale of a vehicle in an accelerated vehicle retirement
9-2 program includes:
9-3 (1) sale of the vehicle to retire the vehicle under
9-4 the program; and
9-5 (2) sale of a vehicle purchased for retirement under
9-6 the program.
9-7 Sec. 382.215. SALE OF VEHICLE NOT REQUIRED. Nothing in this
9-8 subchapter may be construed to require a vehicle that has failed a
9-9 required emissions test to be sold or destroyed by the owner.
9-10 Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
9-11 VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
9-12 commission, the Texas Department of Transportation, and the Public
9-13 Safety Commission may, subject to federal limitations:
9-14 (1) encourage counties likely to exceed federal clean
9-15 air standards to implement voluntary:
9-16 (A) motor vehicle emissions inspection and
9-17 maintenance programs; and
9-18 (B) low-income vehicle repair assistance,
9-19 retrofit, and accelerated vehicle retirement programs;
9-20 (2) establish incentives for counties to voluntarily
9-21 implement motor vehicle emissions inspection and maintenance
9-22 programs and low-income vehicle repair assistance, retrofit, and
9-23 accelerated vehicle retirement programs; and
9-24 (3) designate a county that voluntarily implements a
9-25 motor vehicle emissions inspection and maintenance program or a
9-26 low-income vehicle repair assistance, retrofit, and accelerated
9-27 vehicle retirement program as a "Clean Air County" and give
9-28 preference to a county designated as a Clean Air County in any
9-29 federal or state clean air grant program.
9-30 SECTION 2. Section 382.0622(a), Health and Safety Code, is
9-31 amended to read as follows:
9-32 (a) Clean Air Act fees consist of:
9-33 (1) fees collected by the commission under Sections
9-34 382.062, 382.0621, and 382.202 [382.037] and as otherwise provided
9-35 by law; and
9-36 (2) $2 of each advance payment collected by the
9-37 Department of Public Safety for inspection certificates for
9-38 vehicles other than mopeds under Section 548.501, Transportation
9-39 Code.
9-40 SECTION 3. Subchapter B, Chapter 501, Transportation Code,
9-41 is amended by adding Section 501.0276 to read as follows:
9-42 Sec. 501.0276. DENIAL OF TITLE RECEIPT OR CERTIFICATE OF
9-43 TITLE FOR FAILURE TO PROVIDE PROOF OF EMISSIONS TESTING. A county
9-44 assessor-collector may not issue a title receipt and the department
9-45 may not issue a certificate of title for a vehicle subject to
9-46 Section 548.3011 unless proof that the vehicle has passed a vehicle
9-47 emissions test as required by that section, in a form authorized by
9-48 that section, is presented to the county assessor-collector with
9-49 the application for certificate of title.
9-50 SECTION 4. Section 502.009(a), Transportation Code, is
9-51 amended to read as follows:
9-52 (a) The Department of Public Safety shall ensure compliance
9-53 with the motor vehicle emissions inspection and maintenance program
9-54 through a vehicle inspection sticker-based enforcement system
9-55 except as provided by this section or Section 548.3011.
9-56 Subsections (b)-(e) apply only if the United States Environmental
9-57 Protection Agency determines that the state has not demonstrated,
9-58 as required by 40 C.F.R. Section 51.361, that sticker-based
9-59 enforcement of the program is more effective than
9-60 registration-based enforcement and gives the Texas Natural Resource
9-61 Conservation Commission or the governor written notification that
9-62 the reregistration-based enforcement of the program, as described
9-63 by those subsections, will be required. If Subsections (b)-(e) are
9-64 made applicable as provided by this subsection, the department
9-65 shall terminate reregistration-based enforcement of the program
9-66 under those subsections on the date the United States Environmental
9-67 Protection Agency gives the Texas Natural Resource Conservation
9-68 Commission or a person the commission designates written
9-69 notification that reregistration-based enforcement is not required
10-1 for the state implementation plan.
10-2 SECTION 5. Subchapter D, Chapter 502, Transportation Code,
10-3 is amended by adding Section 502.1535 to read as follows:
10-4 Sec. 502.1535. EVIDENCE OF VEHICLE EMISSIONS INSPECTION. A
10-5 county assessor-collector may not register a motor vehicle subject
10-6 to Section 548.3011 unless proof that the vehicle has passed a
10-7 vehicle emissions test as required by that section, in a form
10-8 authorized by that section, is presented to the county
10-9 assessor-collector with the application for registration.
10-10 SECTION 6. Section 547.605, Transportation Code, is amended
10-11 by adding Subsections (d) and (e) to read as follows:
10-12 (d) Except when travel conditions require the downshifting
10-13 or use of lower gears to maintain reasonable momentum, a person
10-14 commits an offense if the person operates, or as an owner knowingly
10-15 permits another person to operate, a vehicle that emits:
10-16 (1) visible smoke for 10 seconds or longer; or
10-17 (2) visible smoke that remains suspended in the air
10-18 for 10 seconds or longer before fully dissipating.
10-19 (e) An offense under this section is a misdemeanor
10-20 punishable by a fine of not less than $1 and not more than $350 for
10-21 each violation. If a person has previously been convicted of an
10-22 offense under this section, an offense under this section is a
10-23 misdemeanor punishable by a fine of not less than $200 and not more
10-24 than $1,000 for each violation.
10-25 SECTION 7. Subchapter A, Chapter 548, Transportation Code,
10-26 is amended by adding Section 548.006 to read as follows:
10-27 Sec. 548.006. ADVISORY COMMITTEE. (a) An advisory committee
10-28 consisting of six members shall:
10-29 (1) advise the department on the department's rules
10-30 relating to the operation of the emissions testing program under
10-31 Subchapter F;
10-32 (2) make recommendations to the department relating to
10-33 the content of rules involving the operation of the emissions
10-34 testing program; and
10-35 (3) perform any other advisory function requested by
10-36 the department in administering Subchapter F.
10-37 (b) The members of the commission shall appoint three
10-38 members of the committee as follows:
10-39 (1) one person to represent inspection station owners
10-40 and operators;
10-41 (2) one person to represent manufacturers of motor
10-42 vehicle emissions inspection devices; and
10-43 (3) one person to represent the public interest.
10-44 (c) Each member of the conservation commission shall appoint
10-45 one member of the committee. The member appointed by the presiding
10-46 officer of the conservation commission shall serve as the presiding
10-47 officer of the committee.
10-48 (d) Committee members serve staggered three-year terms.
10-49 (e) A vacancy on the committee is filled in the same manner
10-50 as other appointments to the committee.
10-51 (f) A member of the committee is not entitled to
10-52 compensation, but is entitled to reimbursement of the member's
10-53 travel expenses as provided in the General Appropriations Act for
10-54 state employees.
10-55 (g) The committee may elect an assistant presiding officer
10-56 and a secretary from among its members and may adopt rules for the
10-57 conduct of its own activities.
10-58 (h) The committee is entitled to review and comment on rules
10-59 to be considered for adoption by the commission or the department
10-60 under Subchapter F before the rules are published.
10-61 SECTION 8. Section 548.301(c), Transportation Code, is
10-62 amended to read as follows:
10-63 (c) A program established under Subsection (b) may [not]
10-64 include reregistration-based enforcement [unless the county by
10-65 resolution requests reregistration-based enforcement].
10-66 SECTION 9. Subchapter F, Chapter 548, Transportation Code,
10-67 is amended by adding Sections 548.3011 and 548.3012 to read as
10-68 follows:
10-69 Sec. 548.3011. EMISSIONS TEST ON RESALE. (a) This section
11-1 applies only to a vehicle:
11-2 (1) the most recent certificate of title for which or
11-3 registration of which was issued in a county without a motor
11-4 vehicle emissions inspection and maintenance program; and
11-5 (2) the ownership of which has changed and which has
11-6 been the subject of a retail sale as defined by Section 1.03, Texas
11-7 Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
11-8 Civil Statutes).
11-9 (b) Notwithstanding Subsection (a), this section does not
11-10 apply to a vehicle that is a 1996 or newer model that has less than
11-11 50,000 miles.
11-12 (c) A vehicle subject to this section is not eligible for a
11-13 title receipt under Section 501.024, a certificate of title under
11-14 Section 501.027, or registration under Chapter 502 in a county with
11-15 a motor vehicle emissions inspection and maintenance program unless
11-16 proof is presented with the application for certificate of title or
11-17 registration, as appropriate, that the vehicle, not earlier than
11-18 the 90th day before the date on which the new owner's application
11-19 for certificate of title or registration is filed with the county
11-20 clerk or county assessor-collector, as appropriate, has passed an
11-21 approved vehicle emissions test in the county in which it is to be
11-22 titled or registered.
11-23 (d) The proof required by Subsection (c) may be in the form
11-24 of a Vehicle Inspection Report (VIR) or other proof of program
11-25 compliance as authorized by the department.
11-26 Sec. 548.3012. EXEMPTION: VEHICLE NOT USED PRIMARILY IN
11-27 COUNTY OF REGISTRATION. (a) This section applies only to a
11-28 vehicle that:
11-29 (1) is to be registered in a county with a motor
11-30 vehicle emissions inspection and maintenance program; and
11-31 (2) will be used in that county for fewer than 60 days
11-32 during the registration period for which registration is sought.
11-33 (b) The owner of a vehicle described by Subsection (a) may
11-34 obtain for that vehicle an exemption from the vehicle emissions
11-35 test requirements of this subchapter by submitting to the county
11-36 assessor-collector an affidavit stating that the named vehicle will
11-37 be used in the county of registration for fewer than 60 calendar
11-38 days during the registration period for which registration is
11-39 sought.
11-40 SECTION 10. Section 548.306, Transportation Code, is amended
11-41 to read as follows:
11-42 Sec. 548.306. EXCESSIVE MOTOR VEHICLE EMISSIONS. (a) This
11-43 section applies to a motor vehicle registered or operated for more
11-44 than 60 days per calendar year in:
11-45 (1) a county or a portion of a county designated by
11-46 department rule in accordance with Section 548.301; or
11-47 (2) a county adjacent to a county described in
11-48 Subdivision (1) [standards provided by the United States
11-49 Environmental Protection Agency; or]
11-50 [(2) one of the following areas:]
11-51 [(A) the part of the Dallas/Fort Worth ozone
11-52 nonattainment area that consists of Collin, Dallas, Denton, and
11-53 Tarrant counties;]
11-54 [(B) the part of the El Paso ozone nonattainment
11-55 area that consists of El Paso County; or]
11-56 [(C) the part of the Houston/Galveston ozone
11-57 nonattainment area that consists of Brazoria, Chambers, Fort Bend,
11-58 Galveston, Harris, Liberty, Montgomery, and Waller counties].
11-59 (b) The registered owner of a motor vehicle commits an
11-60 offense if the vehicle, in an area described by Subsection (a),
11-61 emits:
11-62 (1) hydrocarbons, carbon monoxide, or nitrogen oxide
11-63 in an amount that is excessive under United States Environmental
11-64 Protection Agency standards or standards provided by department
11-65 rule; or
11-66 (2) another vehicle-related pollutant that is listed
11-67 by a department rule adopted to comply with Part A, National
11-68 Emission Standards Act (42 U.S.C. Sections 7602-7619), or rules of
11-69 the United States Environmental Protection Agency in an amount
12-1 identified as excessive under that rule[; or]
12-2 [(3) visible smoke that remains suspended in the air
12-3 10 or more seconds before fully dissipating].
12-4 (c) The department shall provide a notice of violation to
12-5 the registered owner of a vehicle that is detected violating
12-6 Subsection (b). The notice of violation must be made by personal
12-7 delivery to the registered owner or by mailing the notice to the
12-8 registered owner at the last known address of the owner. The
12-9 department shall include in the notice the date and location of the
12-10 violation detected and instructions for the registered owner
12-11 explaining how the owner must proceed to obtain and pass a
12-12 verification emissions inspection and to make any repair to the
12-13 vehicle necessary to pass the inspection and explaining any
12-14 extension or assistance that may be available to the owner for
12-15 making any necessary repair. Notice by mail is presumed delivered
12-16 on the 10th day after the date the notice is deposited in the mail.
12-17 (d) [The department shall provide notice under Subsection
12-18 (c) to the registered owner of a vehicle in violation of Subsection
12-19 (b)(3) as soon as is practicable after the department receives
12-20 notice that a peace officer in this state has issued the driver of
12-21 the vehicle an informative citation for the violation. The
12-22 department shall adopt rules governing the procedures for a peace
12-23 officer or police department to provide notice of informative
12-24 citations issued for violations of Subsection (b)(3). The rules
12-25 must include a requirement that, for each citation issued, the
12-26 peace officer or police department inform the department of the
12-27 date and location of the violation.]
12-28 [(e) A peace officer who has probable cause to believe an
12-29 offense under Subsection (b)(3) has been committed may issue the
12-30 driver of the vehicle an informative citation that indicates that
12-31 an offense under Subsection (b)(3) may have been committed and that
12-32 explains that the registered owner of the vehicle may receive in
12-33 the mail a notice under Subsection (c).]
12-34 [(f)] A registered owner of a vehicle commits an offense if:
12-35 (1) notice is delivered to the owner under Subsection
12-36 (c); and
12-37 (2) the owner fails to comply with any provision of
12-38 the notice before the 31st day after the date the notice is
12-39 delivered.
12-40 (e) [(g)] An offense under this section is a misdemeanor
12-41 punishable by a fine of not less than $1 and not more than $350. If
12-42 a person has previously been convicted of an offense under this
12-43 section, an offense under this section is a misdemeanor punishable
12-44 by a fine of not less than $200 and not more than $1,000.
12-45 (f) [(h)] It is an affirmative defense to an offense under
12-46 this section that the registered owner of the vehicle, before the
12-47 31st day after the date the owner receives a notice of violation:
12-48 (1) after a verification emissions inspection
12-49 indicated that the vehicle did not comply with applicable emissions
12-50 standards, repaired the vehicle as necessary and passed another
12-51 verification emissions inspection; and
12-52 (2) has complied with rules of the department
12-53 concerning a violation under this section.
12-54 (g) [(i)] The department may contract with a private person
12-55 to implement this section. The person must comply with terms,
12-56 policies, rules, and procedures the department adopts to administer
12-57 this section.
12-58 (h) [(j)] The Texas Department of Transportation may deny
12-59 reregistration of a vehicle if the registered owner of the vehicle
12-60 has received notification under Subsection (c) and the vehicle has
12-61 not passed a verification emissions inspection.
12-62 (i) [(k)] A hearing for a citation issued under this section
12-63 shall be heard by a justice of the peace of any precinct in the
12-64 county in which the vehicle is registered.
12-65 (j) [(l)] Enforcement of the remote sensing component of the
12-66 vehicle emissions inspection and maintenance program may not
12-67 involve any method of screening in which the registered owner of a
12-68 vehicle found to have allowable emissions by remote sensing
12-69 technology is charged a fee.
13-1 (k) [(m)] The department by rule may require that a vehicle
13-2 determined by on-road testing to have excessive emissions be
13-3 assessed an on-road emissions testing fee not to exceed the
13-4 emissions testing fee charged by a certified emissions testing
13-5 facility.
13-6 (l) [(n)] The department by rule may establish procedures
13-7 for reimbursing a fee for a verification test required by
13-8 Subsection (c) if the owner demonstrates to the department's
13-9 satisfaction that:
13-10 (1) the vehicle passed the verification emissions test
13-11 not later than the 30th day after the date the vehicle owner
13-12 received notice that the vehicle was detected as having excessive
13-13 emissions; and
13-14 (2) the vehicle did not receive any repair,
13-15 modification, alteration, or additive to the fuel, fuel tank, fuel
13-16 delivery system, engine, exhaust system, or any attached emissions
13-17 control components that would have, or could have, caused the
13-18 vehicle to experience improved emissions performance [was not
13-19 repaired] between the date of detection and the date of the
13-20 verification emissions test.
13-21 SECTION 11. Subchapter F, Chapter 548, Transportation Code,
13-22 is amended by adding Section 548.3065 to read as follows:
13-23 Sec. 548.3065. ADMINISTRATIVE PENALTY. (a) In lieu of
13-24 criminal proceedings for a violation of Section 548.306, the
13-25 department may impose an administrative penalty against a person
13-26 who knowingly violates this chapter or a rule adopted by the
13-27 commission under this chapter.
13-28 (b) The amount of the administrative penalty may not exceed
13-29 $1,000 for each violation. The aggregate penalty for multiple
13-30 violations may not exceed $10,000. Each day a violation continues
13-31 or occurs is a separate violation for purposes of imposing a
13-32 penalty.
13-33 (c) Except as otherwise provided by this section, the
13-34 procedures for determining and administering an administrative
13-35 penalty under this section against a person charged with violating
13-36 this chapter are the same as those prescribed by Section 643.251
13-37 for determining and administering an administrative penalty against
13-38 a motor carrier under that section.
13-39 (d) An administrative penalty collected under this section
13-40 shall be deposited in a special account in the general revenue fund
13-41 and may be used only by the department.
13-42 SECTION 12. (a) Not later than January 1, 2002, the members
13-43 of the Public Safety Commission shall appoint to the advisory
13-44 committee created under Section 548.006, Transportation Code, as
13-45 added by this Act:
13-46 (1) a representative of inspection station owners and
13-47 operators to serve a one-year term;
13-48 (2) a representative of manufacturers of motor vehicle
13-49 emissions inspection devices to serve a two-year term; and
13-50 (3) a representative of the public interest to serve a
13-51 three-year term.
13-52 (b) Not later than January 1, 2002, the members of the Texas
13-53 Natural Resource Conservation Commission shall appoint members to
13-54 the advisory committee created under Section 548.006,
13-55 Transportation Code, as added by this Act, as follows:
13-56 (1) the presiding officer of the commission shall
13-57 appoint a member to a three-year term;
13-58 (2) one member other than the presiding officer shall
13-59 appoint a member to a one-year term; and
13-60 (3) one member other than the presiding officer shall
13-61 appoint a member to a two-year term.
13-62 SECTION 13. (a) The Texas Natural Resource Conservation
13-63 Commission shall seek a binding commitment from the United States
13-64 Environmental Protection Agency that any county that is not
13-65 required by law but voluntarily chooses to participate in a motor
13-66 vehicle inspection and maintenance program under Subchapter F,
13-67 Chapter 548, Transportation Code, and a low-income vehicle repair
13-68 assistance, retrofit, and accelerated vehicle retirement program
13-69 authorized by Section 382.209, Health and Safety Code, as added by
14-1 this Act:
14-2 (1) will receive recognition and credit for taking
14-3 voluntary steps to reduce air pollution if the county is later
14-4 determined to exceed federally established clean air standards; and
14-5 (2) will not be penalized for having voluntarily
14-6 created programs to curb air pollution.
14-7 (b) The Texas Natural Resource Conservation Commission may
14-8 request assistance from the Texas congressional delegation,
14-9 counties interested in voluntarily participating in a program, or
14-10 another state or federal agency in order to obtain a binding
14-11 commitment under Subsection (a) of this section.
14-12 SECTION 14. (a) The changes in law made by this Act apply
14-13 only to an offense committed on or after the effective date of this
14-14 Act. For purposes of this section, an offense is committed before
14-15 the effective date of this Act if any element of the offense occurs
14-16 before that date.
14-17 (b) An offense committed before the effective date of this
14-18 Act is covered by the law in effect when the offense was committed,
14-19 and the former law is continued in effect for that purpose.
14-20 SECTION 15. This Act takes effect immediately if it receives
14-21 a vote of two-thirds of all the members elected to each house, as
14-22 provided by Section 39, Article III, Texas Constitution. If this
14-23 Act does not receive the vote necessary for immediate effect, this
14-24 Act takes effect September 1, 2001.
14-25 * * * * *