By: Barrientos S.B. No. 1159
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of motor vehicle emissions in counties
participating in early action compacts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 382, Health and Safety Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER H. VEHICLE EMISSIONS PROGRAMS IN CERTAIN COUNTIES
Sec. 382.301. DEFINITIONS. In this subchapter:
(1) "Early action compact" means an agreement entered
into before January 1, 2003, by the United States Environmental
Protection Agency, the commission, the governing body of a county
that is in attainment of the one-hour national ambient air quality
standard for ozone but that has incidents approaching, or monitors
incidents that exceed, the eight-hour national ambient air quality
standard for ozone, and the governing body of the most populous
municipality in that county that results in the submission of:
(A) an early action plan to the commission that
the commission finds to be adequate; and
(B) a state implementation plan revision to the
United States Environmental Protection Agency on or before December
31, 2004, that provides for attainment of the eight-hour national
ambient air quality standard for ozone on or before December 31,
2007.
(2) "Participating county" means a county that is a
party to an early action compact.
Sec. 382.302. INSPECTION AND MAINTENANCE PROGRAM. (a) A
participating county whose early action plan contains provisions
for a motor vehicle emissions inspection and maintenance program
and has been found adequate by the commission may formally request
the commission to adopt motor vehicle emissions inspection and
maintenance program requirements for the county. The request must
be made by a resolution adopted by the governing body of the
participating county and the governing body of the most populous
municipality in the county.
(b) After approving a request made under Subsection (a), the
commission by resolution may request the Public Safety Commission
to establish motor vehicle emissions inspection and maintenance
program requirements for the participating county under Subchapter
F, Chapter 548, Transportation Code, in accordance with this
section and rules adopted under this section. The motor vehicle
emissions inspection and maintenance program requirements for the
participating county may include exhaust emissions testing,
emissions control devices and systems inspections, or other testing
methods that meet or exceed United States Environmental Protection
Agency requirements, and a remote sensing component as provided by
Section 382.204. The motor vehicle emissions inspection and
maintenance program requirements adopted for the participating
county may apply to all or to a defined subset of vehicles described
by Section 382.203.
(c) The commission may assess a fee for a vehicle inspection
performed in accordance with a program established under this
section. The fee must be in an amount reasonably necessary to
recover the costs of developing, administering, evaluating, and
enforcing the participating county's motor vehicle emissions
inspection and maintenance program. An appropriate part of the fee
as determined by commission rule may be retained by the station
owner, contractor, or operator to recover the cost of performing
the inspection and provide for a reasonable margin of profit.
(d) The incentives for voluntary participation established
under Section 382.216 shall be made available to a participating
county.
(e) A participating county may participate in the program
established under Section 382.209.
SECTION 2. Subsection (a), Section 382.0622, Health and
Safety Code, is amended to read as follows:
(a) Clean Air Act fees consist of:
(1) fees collected by the commission under Sections
382.062, 382.0621, [and] 382.202, and 382.302 and as otherwise
provided by law; and
(2) $2 of each advance payment collected by the
Department of Public Safety for inspection certificates for
vehicles other than mopeds under Section 548.501, Transportation
Code.
SECTION 3. Subchapter A, Chapter 548, Transportation Code,
is amended by adding Section 548.007 to read as follows:
Sec. 548.007. CONTRACTS AND INSTRUMENTS TO IMPLEMENT
CERTAIN INSPECTION AND MAINTENANCE PROGRAMS. The department may
execute any contract or instrument that is necessary or convenient
to exercise its powers or perform its duties in implementing a motor
vehicle emissions inspection and maintenance program under Section
382.302, Health and Safety Code.
SECTION 4. Section 548.301, Transportation Code, is amended
by amending Subsection (c) and adding Subsection (b-1) to read as
follows:
(b-1) The commission by rule may establish a motor vehicle
emissions inspection and maintenance program for vehicles subject
to an early action compact as defined by Section 382.301, Health and
Safety Code, that is consistent with the early action compact.
(c) A program established under Subsection (b) or (b-1) may
include reregistration-based enforcement.
SECTION 5. Subchapter F, Chapter 548, Transportation Code,
is amended by adding Section 548.307 to read as follows:
Sec. 548.307. ALTERNATIVE TESTING METHODOLOGY FOR CERTAIN
COUNTIES. The commission by rule may establish procedures for
testing and enforcing vehicle emissions standards by use of
alternative testing methodology that meets or exceeds United States
Environmental Protection Agency requirements in a county
participating in an early action compact under Subchapter H,
Chapter 382, Health and Safety Code.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.