78R6634 JD-F
By: Wentworth S.B. No. 978
A BILL TO BE ENTITLED
AN ACT
relating to the automation of the compulsory motor vehicle
inspection system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 548, Transportation Code,
is amended by adding Section 548.007 to read as follows:
Sec. 548.007. AUTOMATION OF INSPECTION PROCEDURES. (a)
The department shall develop and administer procedures to automate
the compulsory motor vehicle inspection system and compliance and
enforcement under this chapter.
(b) As a condition of certifying a person as an inspection
station under this chapter, the department may require the
applicant to participate in the automated inspection system.
(c) The automated inspection system developed by the
department must include asymmetric cryptosystem security
protection or a digital signature for each inspector who accesses
the system and must assure compliance with and enforcement of the
system through technology that provides current data using a remote
process and that can be read using existing or new technologies.
(d) As a condition of certifying a person as an inspector
under this chapter, the department may require the applicant to
agree that:
(1) the person's asymmetric cryptosystem password or
key or the person's digital signature is equivalent, for inspection
purposes, to the person's written signature; and
(2) on certification and for all purposes, the person
is legally responsible for any inspection performed under the
person's asymmetric cryptosystem password or key or under the
person's digital signature.
(e) The use of asymmetric cryptosystem security protection
under this section is subject to the criminal laws pertaining to
fraud and computer crimes, including Chapters 32 and 33, Penal
Code.
(f) The department may enter into one or more contracts with
another person to implement this section.
(g) If the department enters into a contract for the
implementation of the automated inspection system, the contractor
may not disclose to any person, other than the department, data that
is related to the automated inspection system and collected by the
contractor.
(h) In this section:
(1) "Asymmetric cryptosystem" means a computer-based
system that uses two different but mathematically related keys or
passwords, one of which encrypts a given message and the other of
which decrypts that message, and is designed so that if one key or
password is known, it is computationally infeasible to determine
the other.
(2) "Digital signature" has the meaning assigned by
Section 2054.060, Government Code.
SECTION 2. Subchapter H, Chapter 548, Transportation Code,
is amended by adding Section 548.508 to read as follows:
Sec. 548.508. FEES FOR AUTOMATED INSPECTION SYSTEM. (a) In
addition to any other fee authorized by this subchapter, for each
safety inspection certificate sold to an inspection station, the
department may impose a fee not to exceed:
(1) $1.25 before September 1, 2007; or
(2) 75 cents on or after September 1, 2007.
(b) In addition to the fees authorized by Sections 548.501,
548.503, and 548.504, for each inspection performed under this
chapter, an inspection station may impose a fee not to exceed the
amount of any fee imposed under Subsection (a).
(c) The department shall deposit fees collected under
Subsection (a) to the credit of the automated inspection system
account. The automated inspection system account is an account in
the general revenue fund that may be appropriated only to the
department for the development, testing, implementation, and
administration of the automated inspection system under Section
548.007.
SECTION 3. This Act takes effect September 1, 2003.