By Wentworth S.B. No. 391 Substitute the following for S.B. No. 391: By Turner of Coleman C.S.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, is 1-6 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 Subchapter (F) of this Chapter and subsection 1-11 (h)(3) of this Act. 1-12 (b) As a condition of certifying a person as an inspection 1-13 station under this chapter, the department may require the 1-14 applicant to participate in the automated inspection system. 1-15 (c) The automated inspection system developed by the 1-16 department must include asymmetric cryptosystem security protection 1-17 or a digital signature for each inspector who accesses the system 1-18 and must assure compliance with and enforcement of the system 1-19 through technology that provides current data using a remote 1-20 process and that can be read using existing or new technologies. 1-21 (d) As a condition of certifying a person as an inspector 1-22 under this chapter, the department may require the applicant to 1-23 agree that: 1-24 (1) the person's asymmetric cryptosystem password or 2-1 key or the person's digital signature is equivalent, for inspection 2-2 purposes, to the person's written signature; and 2-3 (2) on certification and for all purposes, the person 2-4 is legally responsible for any inspection performed under the 2-5 person's asymmetric cryptosystem password or key or under the 2-6 person's digital signature. 2-7 (e) The use of asymmetric cryptosystem security protection 2-8 under this section is subject to the criminal laws pertaining to 2-9 fraud and computer crimes, including Chapters 32 and 33, Penal 2-10 Code. 2-11 (f) The department may enter into one or more contracts with 2-12 another person to implement this section. 2-13 (g) If the department enters into a contract for the 2-14 implementation of the automated inspection system, the contractor 2-15 may not disclose to any person, other than the department, data 2-16 that is related to the automated inspection system and collected by 2-17 the contractor. 2-18 (h) In this section: 2-19 (1) "Asymmetric cryptosystem" means a computer-based 2-20 system that uses two different but mathematically related keys or 2-21 passwords, one of which encrypts a given message and the other of 2-22 which decrypts that message, and is designed so that if one key or 2-23 password is known, it is computationally infeasible to determine 2-24 the other. 2-25 (2) "Digital signature" has the meaning assigned by 2-26 Section 2054.060, Government Code. 2-27 (3) "Affected county" includes: 3-1 (A) Bastrop County; 3-2 (B) Bexar County; 3-3 (C) Caldwell County; 3-4 (D) Comal County; 3-5 (E) Ellis County; 3-6 (F) Gregg County; 3-7 (G) Guadalupe County; 3-8 (H) Harrison County; 3-9 (I) Hays County; 3-10 (J) Johnson County; 3-11 (K) Kaufman County; 3-12 (L) Nueces County; 3-13 (M) Parker County; 3-14 (N) Rockwall County; 3-15 (O) Rusk County; 3-16 (P) San Patricio County; 3-17 (Q) Smith County; 3-18 (R) Travis County; 3-19 (S) Upshur County; 3-20 (T) Victoria County; 3-21 (U) Williamson County; and 3-22 (V) Wilson County. 3-23 (h) The department by rule shall require a motor vehicle 3-24 registered in a county using the automated compulsory motor vehicle 3-25 inspection system to be inspected in any county using the same 3-26 system. 3-27 SECTION 2. Subchapter H, Chapter 548, Transportation Code, is 4-1 amended by adding Section 548.508 to read as follows: 4-2 Sec. 548.508. FEES FOR AUTOMATED INSPECTION SYSTEM. (a) In 4-3 addition to any other fee authorized by this subchapter, the 4-4 department may impose a fee not to exceed $1.00 for each safety 4-5 inspection certificate sold to an inspection station located in a 4-6 county affected by Section 548.006 to provide funding for the 4-7 automated inspection system. 4-8 (b) In addition to the fees authorized by Sections 548.501, 4-9 548.503, and 548.504, for each inspection performed under this 4-10 chapter, an inspection station may impose a fee not to exceed the 4-11 amount of any fee imposed under Subsection (a). 4-12 (c) The department shall deposit fees collected under 4-13 Subsection (a) to the credit of the automated inspection system 4-14 account. The automated inspection system account is an account in 4-15 the general revenue fund that may be appropriated only to the 4-16 department for the development, testing, implementation, and 4-17 administration of the automated inspection system under Section 4-18 548.006. 4-19 SECTION 3. This Act takes effect September 1, 2001.