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.