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.