SRC-AMY S.B. 978 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 978
78R6634 JD-FBy: Wentworth
Infrastructure Development and Security
3/20/2003
As Filed


DIGEST AND PURPOSE 

Since 1953, vehicle safety inspections have been conducted by independent
inspection stations certified by the Department of Public Safety (DPS).
These stations inspect vehicles, issue DPS certificates, record the
transactions, and provide DPS with the inspection records.  All the
inspection records are paper-based, except for records in emissions
testing counties.  To access a vehicle's inspection result or compile
inspection data, one must perform manual research through inspection
stations' data files.  As proposed, S.B. 978 provides for automating the
vehicle inspection process, requiring certain security measures to protect
collected data.  S.B. 978 pays for the automation by increasing the cost
of inspection certificates sold to inspectors. The bill also allows
inspectors to increase inspection fees equally. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 548A, Transportation Code, by adding Section
548.007, as follows: 

Sec. 548.007.  AUTOMATION OF INSPECTION PROCEDURES.  (a) Requires the
Department of Public Safety (DPS) to develop and administer procedures to
automate the compulsory motor vehicle inspection system and compliance and
enforcement under this chapter. 

(b) Authorizes DPS to require the applicant to participate in the
automated inspection system as a condition of receiving certification as
an inspection station. 

(c) Requires the automated inspection system to include asymmetric
cryptosystem security protection or a digital signature for each inspector
who accesses the system and to assure compliance with and enforcement of
the system through technology that provides current data using a remote
process and can be read using existing or new technologies. 

(d) Authorizes DPS to require the applicant to agree to certain conditions
as a condition of receiving inspector certification. 

(e) Provides that the use of asymmetric cryptosystem security protection
under this section is subject to criminal laws pertaining to fraud and
computer crimes, including Chapter 32 (Fraud) and 33 (Computer Crimes),
Penal Code. 

(f) Authorizes DPS to enter into one or more contracts with another person
to implement this section. 

 (g) Prohibits a contractor, contracted by DPS to implement the automated
inspection system, from disclosing to any person, other than DPS, data
related to the system and collected by the contractor. 

(h) Defines "asymmetric cryptosystem" and "digital signature."

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

Sec. 548.508.  FEES FOR AUTOMATED INSPECTION SYSTEM.  (a) Authorizes DPS,
in addition to any other fee authorized by this subchapter, to impose
certain fees for each safety inspection certificate sold to an inspection
station. 

(b) Authorizes an inspection station to impose a fee for each inspection
performed under this chapter, not to exceed the amount of any fee imposed
under Subsection (a), in addition to fees authorized in Sections 548.501
(Inspection Fees Generally), 548.503 (Initial Two-Year Inspection of
Passenger Car or Light Truck), and 548.504 (Inspection of Commercial Motor
Vehicle). 

(c) Requires DPS to deposit fees collected under Subsection (a) to the
credit of the automated inspection system account, an account in the
general revenue fund authorized for appropriation only to DPS for the
development, testing, implementation, and administration the automated
inspection system under Section 548.007 (Automation of Inspection
Procedures). 

SECTION 3.  Effective date: September 1, 2003.