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.