By: Wentworth S.B. No. 391
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the automation of the compulsory motor vehicle
1-3 inspection system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 548, Transportation Code,
1-6 is amended by adding Section 548.006 to read as follows:
1-7 Sec. 548.006. AUTOMATION OF INSPECTION PROCEDURES. (a) The
1-8 department shall develop and administer procedures to automate the
1-9 compulsory motor vehicle inspection system and its compliance and
1-10 enforcement under this chapter.
1-11 (b) As a condition of certifying a person as an inspection
1-12 station under this chapter, the department may require the
1-13 applicant to participate in the automated inspection system.
1-14 (c) The automated inspection system developed by the
1-15 department must include asymmetric cryptosystem security protection
1-16 or a digital signature for each inspector who accesses the system
1-17 and must assure compliance with and enforcement of the system
1-18 through technology that provides current data using a remote
1-19 process and that can be read using existing or new technologies.
1-20 (d) As a condition of certifying a person as an inspector
1-21 under this chapter, the department may require the applicant to
1-22 agree that:
1-23 (1) the person's asymmetric cryptosystem password or
1-24 key or the person's digital signature is equivalent, for inspection
1-25 purposes, to the person's written signature; and
2-1 (2) on certification and for all purposes, the person
2-2 is legally responsible for any inspection performed under the
2-3 person's asymmetric cryptosystem password or key or under the
2-4 person's digital signature.
2-5 (e) The use of asymmetric cryptosystem security protection
2-6 under this section is subject to the criminal laws pertaining to
2-7 fraud and computer crimes, including Chapters 32 and 33, Penal
2-8 Code.
2-9 (f) The department may enter into one or more contracts with
2-10 another person to implement this section.
2-11 (g) If the department enters into a contract for the
2-12 implementation of the automated inspection system, the contractor
2-13 may not disclose to any person, other than the department, data
2-14 that is related to the automated inspection system and collected by
2-15 the contractor.
2-16 (h) In this section:
2-17 (1) "Asymmetric cryptosystem" means a computer-based
2-18 system that uses two different but mathematically related keys or
2-19 passwords, one of which encrypts a given message and the other of
2-20 which decrypts that message, and is designed so that if one key or
2-21 password is known, it is computationally infeasible to determine
2-22 the other.
2-23 (2) "Digital signature" has the meaning assigned by
2-24 Section 2054.060, Government Code.
2-25 SECTION 2. Subchapter H, Chapter 548, Transportation Code,
2-26 is amended by adding Section 548.508 to read as follows:
3-1 Sec. 548.508. FEES FOR AUTOMATED INSPECTION SYSTEM. (a) In
3-2 addition to any other fee authorized by this subchapter, the
3-3 department may impose a fee not to exceed $1.25, the fee to be
3-4 reduced by 50 cents to 75 cents on September 1, 2005, for each
3-5 safety inspection certificate sold to an inspection station to
3-6 provide funding for the automated inspection system required by
3-7 Section 548.006.
3-8 (b) In addition to the fees authorized by Sections 548.501,
3-9 548.503, and 548.504, for each inspection performed under this
3-10 chapter, an inspection station may impose a fee not to exceed the
3-11 amount of any fee imposed under Subsection (a).
3-12 (c) The department shall deposit fees collected under
3-13 Subsection (a) to the credit of the automated inspection system
3-14 account. The automated inspection system account is an account in
3-15 the general revenue fund that may be appropriated only to the
3-16 department for the development, testing, implementation, and
3-17 administration of the automated inspection system under Section
3-18 548.006.
3-19 SECTION 3. This Act takes effect September 1, 2001.