By Wentworth                                           S.B. No. 391
         77R789 JD-D                           
                                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 under this chapter.
1-10           (b)  As a condition of certifying a person as an inspection
1-11     station under this chapter, the department may require the
1-12     applicant to participate in the automated inspection system.
1-13           (c)  The automated inspection system developed by the
1-14     department must include asymmetric cryptosystem security protection
1-15     or a digital signature for each inspector who accesses the system. 
1-16           (d)  As a condition of certifying a person as an inspector
1-17     under this chapter, the department may require the applicant to
1-18     agree that:
1-19                 (1)  the person's asymmetric cryptosystem password or
1-20     key or the person's digital signature is equivalent, for inspection
1-21     purposes, to the person's written signature; and
1-22                 (2)  on certification and for all purposes, the person
1-23     is legally responsible for any inspection performed under the
1-24     person's asymmetric cryptosystem password or key or under the
 2-1     person's digital signature.
 2-2           (e)  The use of asymmetric cryptosystem security protection
 2-3     under this section is subject to the criminal laws pertaining to
 2-4     fraud and computer crimes, including Chapters 32 and 33, Penal
 2-5     Code.
 2-6           (f)  The department may enter into one or more contracts with
 2-7     another person to implement this section.
 2-8           (g)  In this section:
 2-9                 (1)  "Asymmetric cryptosystem" means a computer-based
2-10     system that uses two different but mathematically related keys or
2-11     passwords, one of which encrypts a given message and the other of
2-12     which decrypts that message, and is designed so that if one key or
2-13     password is known, it is computationally infeasible to determine
2-14     the other.
2-15                 (2)  "Digital signature" has the meaning assigned by
2-16     Section 2054.060, Government Code.
2-17           SECTION 2. Subchapter H, Chapter 548, Transportation Code, is
2-18     amended by adding Section 548.508 to read as follows:
2-19           Sec. 548.508.  FEES FOR AUTOMATED INSPECTION SYSTEM. (a) In
2-20     addition to any other fee authorized by this subchapter, the
2-21     department may impose a fee not to exceed $1.25 for each safety
2-22     inspection certificate sold to an inspection station to provide
2-23     funding for the automated inspection system required by Section
2-24     548.006.
2-25           (b)  In addition to the fees authorized by Sections 548.501,
2-26     548.503, and 548.504, for each inspection performed under this
2-27     chapter, an inspection station may impose a fee not to exceed the
 3-1     amount of any fee imposed under Subsection (a).
 3-2           (c)  The department shall deposit fees collected under
 3-3     Subsection (a) to the credit of the automated inspection system
 3-4     account.  The automated inspection system account is an account in
 3-5     the general revenue fund that may be appropriated only to the
 3-6     department for the development, implementation, and administration
 3-7     of the automated inspection system under Section 548.006.
 3-8           SECTION 3. This Act takes effect September 1, 2001.