By: Wentworth S.B. No. 978
(In the Senate - Filed March 7, 2003; March 13, 2003, read
first time and referred to Committee on Infrastructure Development
and Security; May 6, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 6, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 978 By: Wentworth
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 Sections 548.007, 548.008, and 548.009 to read
as follows:
Sec. 548.007. CONTRACTS; INSTRUMENTS. The department may
execute contracts and instruments that are necessary or convenient
to perform department powers or duties under this chapter.
Sec. 548.008. MOTOR VEHICLE INSPECTION ACCOUNT. (a) The
department may apply for, solicit, contract for, receive, or accept
money from any source to carry out department duties under this
chapter.
(b) Money received by the department under this chapter
shall be deposited to the credit of the motor vehicle inspection
account, an account in the general revenue fund. The department may
use money in the account for any necessary expenses incurred in
carrying out department duties under this chapter.
Sec. 548.009. AUTOMATION OF INSPECTION PROCEDURES.
(a) The department shall develop and administer procedures to
automate the compulsory motor vehicle inspection system under this
chapter.
(b) The automated inspection system must include network
and data security protection. This security protection may consist
of:
(1) user ID/password authentication;
(2) voiceprint authentication;
(3) token authentication (two factor) access
security;
(4) asymmetric cryptosystem security protection; or
(5) a digital signature for each inspector who
accesses the system.
(c) 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.
(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 user ID and password combination,
voice print, authentication token, 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 authentication token, asymmetric cryptosystem password or
key, or digital signature.
(e) The use of the authentication token, digital signature,
or 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
related to the automated inspection system and collected by the
contractor.
(h) The department by rule shall require a motor vehicle
registered in a county using the automated compulsory motor vehicle
inspection system to be inspected in any county using the same
system.
(i) 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.
(3) "Token authentication (two factor) access" means
use of a two-factor authentication process using a physical device
or authentication token that together with something that a user
knows, such as a personal identification number (PIN), will enable
authorized access as the owner of that particular device; the
device then displays a number which uniquely identifies the user to
the service, allowing the user to log into the system or network.
(4) "User ID/password authentication" means a
procedure by which each user is assigned a unique identifier and
required to enter a separately unique authentication before being
granted access.
(5) "Voiceprint authentication" means the use of a
voice biometric technology to provide a method of personal identity
verification.
SECTION 2. Subchapter H, Chapter 548, Transportation Code,
is amended by adding Section 548.510 to read as follows:
Sec. 548.510. FEES FOR AUTOMATED INSPECTION SYSTEM.
(a) In addition to any other fee authorized by this subchapter,
the department may impose a fee not to exceed 75 cents for each
safety inspection certificate sold to an inspection station to
provide funding for the automated inspection system required by
Section 548.009.
(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 motor vehicle inspection
account. The motor vehicle inspection account is an account in the
general revenue fund. Money in the account may be appropriated only
to the department for the development, implementation, and
administration of the compulsory inspection of vehicles under this
chapter.
SECTION 3. This Act takes effect September 1, 2003.
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