S.B. 44 78(1)    BILL ANALYSIS


S.B. 44
By: Shapleigh
Transportation
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The processes relating to state vehicle safety inspections have not been
updated or improved in more than 30 years.  S.B. 44 allows the Department
of Public Safety to require vehicle inspection stations to purchase
inspection certificates and submit paperwork on line, through the Texas
Online project. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Department of Public Safety in SECTION 1 (Sections 548.251
and 548.253, Transportation Code) and SECTION 2 (Section 548.5075,
Transportation Code) of this bill. 

ANALYSIS

SECTION 1.  Amends Sections 548.251 and 548.253, Transportation Code, as
follows: 

Sec. 548.251.  DEPARTMENT TO PROVIDE INSPECTION CERTIFICATES AND
VERIFICATION FORMS.  (a)  Subsection created from existing text. 

(b)  Authorizes the Department of Public Safety (DPS) to adopt rules that
require an inspection station to purchase inspection certificates by using
the TexasOnline project under Subchapter I, Chapter 2054, Government Code,
as added by Chapter 342, Acts of the 77th Legislature, Regular Session,
2001. 

Sec. 548.253.  INFORMATION TO BE RECORDED ON ISSUANCE OF INSPECTION
CERTIFICATE AND VERIFICATION FORM.  (a)  Subsection created from existing
text. 

(b)  Authorizes DPS to adopt rules that require an inspection station to
send a record, report, or information required by DPS to DPS by using the
TexasOnline project under Subchapter I, Chapter 2054, Government Code, as
added by Chapter 342, Acts of the 77th Legislature, Regular Session, 2001. 

SECTION 2.  Amends Subchapter H, Chapter 548, Transportation Code, by
adding Section 548.5075, as follows: 

Sec. 548.5075.  ADDITIONAL FEES INCURRED IN CONNECTION WITH USE OF
TEXASONLINE PROJECT.  (a)  Authorizes an inspection station, in addition
to any other fee under this subchapter for inspection of a motor vehicle,
including a commercial motor vehicle, to charge and collect an amount in
reasonable proportion to the costs incurred by the inspection station in
connection with the purchase of inspection certificates from DPS under a
rule adopted under Section 548.251(b), or the sending of records, reports,
or information to DPS under a rule adopted under Section 548.253(b). 

(b)  Requires DPS to adopt rules to implement and administer this section.

SECTION 3.  Effective date:  upon passage or November 1, 2003.

 EFFECTIVE DATE

Upon passage, or if the Act does not receive the necessary vote, the Act
takes effect November 1, 2003.