SRC-AMY H.B. 1422 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1422
78R5920 DWS-DBy: Jones, Jesse (Deuell)
Infrastructure Development and Security
5/17/2003
Engrossed


DIGEST AND PURPOSE 

Vehicles  in counties located in non-attainment areas are required to pass
an emissions inspection as part of regular vehicle inspection.   If the
motor vehicle inspection certificate is stolen, lost or destroyed, the
motorist is required to have both the vehicle and emissions inspections
repeated in order to replace the certificate.  The second emissions
inspection can place a  costly burden on the motorist.  H.B. 1422 exempts
the vehicle from the emissions inspection if the motorist is replacing a
certificate which the Department of Public Safety has established has been
stolen, lost or destroyed. 

RULEMAKING AUTHORITY

Rulemaking authority is specifically granted to the Department of Public
Safety in SECTION 1 (Section 548.257, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 548, Transportation Code, by
adding Section 548.257, as follows: 

Sec. 548.257.  LOST, STOLEN, OR DESTROYED CERTIFICATE.  (a)  Requires the
vehicle, if an inspection certificate is lost, stolen, or destroyed during
the period during which the certificate is valid, to be reinspected and
any applicable fee paid before a new certificate is issued, except that
the vehicle is not subject to any emissions inspection. Provides that the
replacement certificate is valid for the remaining period of validity of
the original certificate. 

(b)  Requires the Department of Public Safety (DPS), by rule, to specify
the method for establishing that the certificate has been lost, stolen, or
destroyed, and that the reinspection is within the period of validity of
the lost, stolen, or destroyed certificate. 

(c) Requires DPS, as part of its rules under Subsection (b), to adopt
measures to ensure that the reinspection procedure provided by this
section is not used fraudulently to avoid any required inspection. 

SECTION 2.  Effective date:  September 1, 2003.