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.