H.B. 1422 78(R)    BILL ANALYSIS


H.B. 1422
By: Jones, Jesse
Transportation
 Committee Report (Unamended)



BACKGROUND 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 inspections done in order to replace the
certificate.  The emissions inspection can place a  costly burden on the
motorist if he/she has to replace the certificate.  House Bill 1422 would
exempt the vehicle from the emissions inspection if the motorist is
replacing a valid certificate which has been stolen, lost or destroyed. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Department of public Safety in (SECTION  1, Subchapter E,
Chapter 548,  Section 548.257(b) of the Transportation Code) of this bill. 

ANALYSIS

H.B. 1422 amends Chapter 548 of the Transportation Code to allow a person
whose inspection certificate has been lost, stolen, or destroyed during
the period  which the certificate is valid to be exempt from  being
required to have the vehicle subject to any emissions inspection as
required by law if the person is obtaining a replacement certificate. The
Texas Department of Public Safety shall adopt rules specifying the method
for the reinspection program and replacement of the certificate.  The
department shall also adopt the necessary measure to prevent fraud. 

EFFECTIVE DATE

September 1, 2003