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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Article 45.003,
Code of Criminal Procedure, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Section
51.207(d), Education Code, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Section 103.0213,
Government Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Section
382.0622(a), 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, 382.202, and 382.302 and as
otherwise provided by law;
(2) a portion
[$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, in an amount to be determined by the Department of Public Safety; and
(3) fees collected that are
required under Section 185 of the federal Clean Air Act (42 U.S.C. Section
7511d).
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SECTION 4. Section
382.0622(a), 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, 382.202, and 382.302 and as
otherwise provided by law;
(2) $2 of each fee [advance payment] collected for
inspections of [by the Department of Public Safety for inspection
certificates for] vehicles other than mopeds under Section
548.501, Transportation Code; and
(3) fees collected that are
required under Section 185 of the federal Clean Air Act (42 U.S.C. Section
7511d).
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SECTION 5. Section
382.202(d), Health and Safety Code, is amended.
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SECTION 5. Same as introduced
version.
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No
equivalent provision.
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SECTION 6. Section
382.205(d), Health and Safety Code, is amended to read as follows:
(d) The Department of Public
Safety of the State of Texas by rule shall adopt:
(1) testing procedures in
accordance with motor vehicle emissions testing equipment specifications;
and
(2) procedures for issuing
or denying an emissions inspection certificate and submitting reports to
the inspection database described by Section 548.251, Transportation Code,
following an emissions inspection.
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SECTION 6. Sections
382.220(b) and (d), Health and Safety Code, are amended to read as follows:
(b) A program under this
section must be implemented in consultation with the commission and may
include a program to:
(1) expand and enhance the
AirCheck Texas Repair and Replacement Assistance Program;
(2) develop and implement
programs or systems that remotely determine vehicle emissions and notify
the vehicle's operator;
(3) develop and implement
projects to implement the commission's smoking vehicle program;
(4) [develop and implement projects for coordinating with local law
enforcement officials to reduce the use of counterfeit state inspection
stickers by providing local law enforcement officials with funds to
identify vehicles with counterfeit state inspection stickers and to carry
out appropriate actions;
[(5)] develop and
implement programs to enhance transportation system improvements; or
(5) [(6)]
develop and implement new air control strategies designed to assist local
areas in complying with state and federal air quality rules and
regulations.
(d) Fees collected under
Sections 382.202 and 382.302 may be used, in an amount not to exceed $5
million per fiscal year, for projects described by Subsection (b). The
fees shall be made available only to counties participating in the
low-income vehicle repair assistance, retrofit, and accelerated vehicle
retirement programs created under Section 382.209 and only on a matching
basis, whereby the commission provides money to a county in the same amount
that the county dedicates to a project authorized by Subsection (b).
[The
commission may reduce the match requirement for a county that proposes to
develop and implement independent test facility fraud detection programs,
including the use of remote sensing technology for coordinating with law
enforcement officials to detect, prevent, and prosecute the use of
counterfeit state inspection stickers.]
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SECTION 7. Sections
382.220(b) and (d), Health and Safety Code, are amended to read as follows:
(b) A program under this
section must be implemented in consultation with the commission and may
include a program to:
(1) expand and enhance the
AirCheck Texas Repair and Replacement Assistance Program;
(2) develop and implement
programs or systems that remotely determine vehicle emissions and notify
the vehicle's operator;
(3) develop and implement
projects to implement the commission's smoking vehicle program;
(4) develop and implement projects for coordinating with local law
enforcement officials to reduce the use of counterfeit state inspection certificates
[stickers] by providing local law enforcement officials with funds
to identify vehicles with counterfeit state inspection certificates
[stickers] and to carry out appropriate actions;
(5) develop and implement
programs to enhance transportation system improvements; or
(6) develop and implement
new air control strategies designed to assist local areas in complying with
state and federal air quality rules and regulations.
(d) Fees collected under
Sections 382.202 and 382.302 may be used, in an amount not to exceed $5
million per fiscal year, for projects described by Subsection (b). The
fees shall be made available only to counties participating in the
low-income vehicle repair assistance, retrofit, and accelerated vehicle
retirement programs created under Section 382.209 and only on a matching
basis, whereby the commission provides money to a county in the same amount
that the county dedicates to a project authorized by Subsection (b).
The
commission may reduce the match requirement for a county that proposes to
develop and implement independent test facility fraud detection programs,
including the use of remote sensing technology for coordinating with law
enforcement officials to detect, prevent, and prosecute the use of
counterfeit state inspection certificates [stickers].
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SECTION 7. Sections
2308.253(d) and (e), Occupations Code, are amended.
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SECTION 8. Same as introduced
version.
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No
equivalent provision.
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SECTION 9. The heading to
Section 502.0023, Transportation Code, is amended to read as follows:
Sec. 502.0023. [EXTENDED]
REGISTRATION OF COMMERCIAL FLEET VEHICLES.
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No
equivalent provision.
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SECTION 10. Sections
502.0023(a) and (b), Transportation Code, are amended to read as follows:
(a) The [Notwithstanding
Section 502.044(c), the] department shall develop and implement a
system of registration to allow an owner of a commercial fleet to register
the motor vehicles, semitrailers, and trailers in the commercial fleet [for
an extended registration period of not less than one year or more than
eight years. The owner may select the number of years for registration
under this section within that range and register the commercial fleet for
that period. Payment for all registration fees for the entire registration
period selected is due at the time of registration].
(b) A system of fleet
[extended] registration under this section must allow the owner of a
commercial fleet to register:
(1) an entire commercial
fleet in the county of the owner's residence or principal place of
business; or
(2) the motor vehicles in a
commercial fleet that are operated most regularly in the same county.
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SECTION 8. Section 502.047,
Transportation Code, is amended to read as follows:
Sec. 502.047. REGISTRATION-BASED
ENFORCEMENT OF MOTOR VEHICLE [EMISSIONS] INSPECTION [AND
MAINTENANCE] REQUIREMENTS. (a) The department and the
Department of Public Safety shall ensure compliance with the motor
vehicle inspection requirements under Chapter 548, including compliance
with the motor vehicle emissions inspection and maintenance program under
Subchapter F of that chapter, through a vehicle registration-based
enforcement system [inspection sticker-based enforcement system
except as provided by this section or Section 548.3011. Subsections
(b)-(e) apply only if the United States Environmental Protection Agency
determines that the state has not demonstrated, as required by 40 C.F.R.
Section 51.361, that sticker-based enforcement of the program is more
effective than registration-based enforcement and gives the Texas
Commission on Environmental Quality or the governor written notification
that the reregistration-based enforcement of the program, as described by
those subsections, will be required. If Subsections (b)-(e) are made
applicable as provided by this subsection, the department shall terminate
reregistration-based enforcement of the program under those subsections on
the date the United States Environmental Protection Agency gives the Texas
Commission on Environmental Quality or a person the commission designates
written notification that reregistration-based enforcement is not required
for the state implementation plan].
(b) A motor vehicle may not
be registered if the department receives from the [Texas Commission on Environmental Quality or the]
Department of Public Safety notification that the registered owner of the
vehicle has not complied with [Subchapter F,] Chapter 548.
(c) A motor vehicle may not
be registered if the vehicle was denied registration under Subsection (b)
unless verification is received that the registered vehicle owner is in
compliance with [Subchapter F,] Chapter 548.
(d) The department and
the Department of Public Safety shall enter into an agreement regarding the
timely submission by the Department of Public Safety of inspection
compliance information to the department.
(d-1) The department,
the Texas Commission on Environmental Quality, and the Department of Public
Safety shall enter an agreement regarding the responsibilities for costs
associated with implementing this section.
(e) A county tax
assessor-collector is not liable to any person for refusing to register a
motor vehicle because of the person's failure to provide verification of
the person's compliance with [Subchapter F,] Chapter 548.
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SECTION 11. Section 502.047,
Transportation Code, is amended to read as follows:
Sec. 502.047. REGISTRATION-BASED
ENFORCEMENT OF MOTOR VEHICLE [EMISSIONS] INSPECTION [AND
MAINTENANCE] REQUIREMENTS. (a) The department and the
Department of Public Safety shall ensure compliance with the motor
vehicle inspection requirements under Chapter 548, including compliance
with the motor vehicle emissions inspection and maintenance program under
Subchapter F of that chapter, through a vehicle registration-based
enforcement system [inspection sticker-based enforcement system
except as provided by this section or Section 548.3011. Subsections
(b)-(e) apply only if the United States Environmental Protection Agency
determines that the state has not demonstrated, as required by 40 C.F.R.
Section 51.361, that sticker-based enforcement of the program is more
effective than registration-based enforcement and gives the Texas
Commission on Environmental Quality or the governor written notification
that the reregistration-based enforcement of the program, as described by
those subsections, will be required. If Subsections (b)-(e) are made
applicable as provided by this subsection, the department shall terminate
reregistration-based enforcement of the program under those subsections on
the date the United States Environmental Protection Agency gives the Texas
Commission on Environmental Quality or a person the commission designates
written notification that reregistration-based enforcement is not required
for the state implementation plan].
(b) A motor vehicle may not
be registered if the department receives from the Texas Commission on Environmental Quality or the Department of
Public Safety notification that the registered owner of the vehicle has not
complied with [Subchapter F,] Chapter 548.
(c) A motor vehicle may not
be registered if the vehicle was denied registration under Subsection (b)
unless verification is received that the registered vehicle owner is in
compliance with [Subchapter F,] Chapter 548.
(d) The department and
the Department of Public Safety shall enter into an agreement regarding the
timely submission by the Department of Public Safety of inspection compliance
information to the department.
(d-1) The department,
the Texas Commission on Environmental Quality, and the Department of Public
Safety shall enter an agreement regarding the responsibilities for costs
associated with implementing this section.
(e) A county tax
assessor-collector is not liable to any person for refusing to register a
motor vehicle because of the person's failure to provide verification of
the person's compliance with [Subchapter F,] Chapter 548.
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SECTION 9. Section
502.059(c), Transportation Code, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 10. The heading to
Section 521.3465, Transportation Code is amended.
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SECTION 13. Same as
introduced version.
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SECTION 11. Section
521.3465(a), Transportation Code, is amended to read as follows:
(a) A license is
automatically suspended on final conviction of the license holder of:
(1) an offense under Section
502.409(a)(4); or
(2) an offense under Section
548.603(a)(1) that involves a fictitious [safety] inspection certificate.
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SECTION 14. Section
521.3465(a), Transportation Code, is amended to read as follows:
(a) A license is
automatically suspended on final conviction of the license holder of:
(1) an offense under Section
502.475(a)(4) [502.409(a)(4)]; or
(2) an offense under Section
548.603(a)(1) that involves a fictitious [safety] inspection
certificate.
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SECTION 12. Section
521.3466(a), Transportation Code, is amended.
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SECTION 15. Same as
introduced version.
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SECTION 13. Section 548.001,
Transportation Code, is amended.
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SECTION 16. Same as
introduced version.
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SECTION 14. Section
548.004(c), Transportation Code, is amended.
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SECTION 17. Same as
introduced version.
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No
equivalent provision.
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SECTION 18. Section
548.053(a), Transportation Code, is amended to read as follows:
(a) If an inspection
discloses the necessity for adjustment, correction, or repair, an
inspection station or inspector may not issue an inspection certificate or
submit a passing report to the department's inspection database until
the adjustment, correction, or repair is made. The owner of the vehicle
may have the adjustment, correction, or repair made by a qualified person
of the owner's choice, subject to reinspection. The vehicle shall be
reinspected once free of charge within 15 days after the date of the
original inspection, not including the date the original inspection is
made, at the same inspection station after the adjustment, correction, or
repair is made.
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SECTION 15. Section 548.101,
Transportation Code, is amended to read as follows:
Sec. 548.101. GENERAL
ONE-YEAR INSPECTION PERIOD. Except as provided by Section 548.102, the
department shall require an annual inspection. The department shall set
the periods of inspection and may make rules with respect to those periods.
The rules must provide that a vehicle owner may obtain an inspection not
earlier than 90 days before the date of expiration of the vehicle's
registration and not later than the date of
expiration of the vehicle's registration.
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SECTION 19. Section 548.101,
Transportation Code, is amended to read as follows:
Sec. 548.101. GENERAL
ONE-YEAR INSPECTION PERIOD. Except as provided by Section 548.102, the
department shall require an annual inspection. The department shall set
the periods of inspection and may make rules with respect to those
periods. The rules must provide that a vehicle owner may obtain an
inspection not earlier than 90 days before the date of expiration of the
vehicle's registration.
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SECTION 16. The heading to
Section 548.102, Transportation Code, is amended to read as follows:
Sec. 548.102. [TWO-YEAR]
INITIAL INSPECTION PERIOD FOR PASSENGER CAR OR LIGHT TRUCK.
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No
equivalent provision.
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SECTION 17. Section
548.102(a), Transportation Code, is amended to read as follows:
(a) The initial inspection
period is three [two] years for a passenger car or light
truck that:
(1) is sold in this state;
(2) has not been previously
registered in this or another state; and
(3) on the date of sale is
of the current or preceding model year.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 20. Section 548.103,
Transportation Code, is amended to read as follows:
Sec. 548.103. EXTENDED
INSPECTION PERIOD FOR CERTAIN VEHICLES. The department may extend the time
within which the resident owner of a vehicle that is not in this state when
an inspection is required must obtain an inspection [certificate] in
this state.
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No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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SECTION 21. Sections
548.104(b), (c), (d), and (e), Transportation Code, are amended to read as
follows:
(b) An inspection station or
inspector may issue an inspection certificate and submit a passing
report for the vehicle to the department's inspection database only if
the vehicle is inspected and found to be in proper and safe condition and
to comply with this chapter and the rules adopted under this chapter.
(c) An inspection station or
inspector may inspect only the equipment required to be inspected by
Section 548.051 and may not:
(1) falsely and fraudulently
represent to an applicant that equipment required to be inspected must be
repaired, adjusted, or replaced before the vehicle will pass inspection; or
(2) require an applicant to
have another part of the vehicle or other equipment inspected as a
prerequisite for issuance of an inspection certificate and submission of
a passing report for the vehicle to the department's inspection database.
(d) An inspection station or
inspector may not issue an inspection certificate or submit a passing
report for the vehicle to the department's inspection database for a
vehicle equipped with:
(1) a carburetion device
permitting the use of liquefied gas alone or interchangeably with another
fuel, unless a valid liquefied gas tax decal issued by the comptroller is
attached to the lower right-hand corner of the front windshield of the
vehicle on the passenger side; or
(2) a sunscreening device
prohibited by Section 547.613, except that the department by rule shall
provide procedures for issuance of an inspection certificate for a vehicle
exempt under Section 547.613(c).
(e) The department shall
adopt rules relating to inspection of, [and] issuance of an
inspection certificate for, and submission of a report to the
department's inspection database for a moped.
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No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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SECTION 22. Section 548.105,
Transportation Code, is amended to read as follows:
Sec. 548.105. EVIDENCE OF
FINANCIAL RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF INSPECTION
CERTIFICATE.
(a) An inspection station
or inspector may not issue an inspection certificate or submit a passing
report to the department's inspection database for a vehicle unless the
owner or operator furnishes evidence of financial responsibility at the
time of inspection. Evidence of financial responsibility may be shown in
the manner specified under Section 601.053(a). A personal automobile
insurance policy used as evidence of financial responsibility must be
written for a term of 30 days or more as required by Article 5.06,
Insurance Code.
(b) An inspection station is
not liable to a person, including a third party, for issuing an inspection
certificate or submitting a passing report to the department's
inspection database in reliance on evidence of financial responsibility
furnished to the station. An inspection station that is the seller of a
motor vehicle may rely on an oral insurance binder.
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No
equivalent provision.
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SECTION 23. The heading to
Subchapter E, Chapter 548, Transportation Code, is amended to read as
follows:
SUBCHAPTER E. ISSUANCE,
RECORDING, AND PROOF OF INSPECTION CERTIFICATES [AND VERIFICATION FORMS]
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SECTION 18. Section 548.251,
Transportation Code, is amended to read as follows:
Sec. 548.251. DEPARTMENT TO PROVIDE
INSPECTION CERTIFICATES AND VERIFICATION FORMS.
(a) The department shall provide serially numbered
inspection certificates and verification forms to inspection stations.
(b) The department shall
maintain an electronic database to which inspection stations may
electronically submit the numbers assigned
under Subsection (a) to inspection certificates issued by the station.
(c) The department may
issue a unique inspection certificate for:
(1)
a commercial motor vehicle inspected under Section 548.201; or
(2)
a vehicle inspected under Subchapter F.
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SECTION 24. Section 548.251,
Transportation Code, is amended to read as follows:
Sec. 548.251. DEPARTMENT TO MAINTAIN
DATABASE [PROVIDE INSPECTION CERTIFICATES AND VERIFICATION FORMS].
The department shall maintain
an electronic database to which inspection stations may electronically
submit the information required by Section
548.253 [provide serially
numbered inspection certificates and verification forms to inspection
stations.
The department may issue a unique inspection certificate for:
[(1)
a commercial motor vehicle inspected under Section 548.201; or
[(2)
a vehicle inspected under Subchapter F].
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No
equivalent provision.
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SECTION 25. Section 548.252,
Transportation Code, is amended to read as follows:
Sec. 548.252. ISSUANCE
[SAFEKEEPING AND CONTROL] OF INSPECTION CERTIFICATES [AND
VERIFICATION FORMS]. (a) The department by rule shall require an inspection
station to issue an inspection certificate to the owner or operator of each
vehicle inspected by the station that passes the inspections required by
this chapter.
(b) The department may
adopt rules regarding the issuance of inspection certificates, including
rules providing for [On being licensed, an inspector or owner of an
inspection station shall:
[(1) provide for] the
format and safekeeping of the [inspection]
certificates [and verification forms;
[(2) safeguard the
certificates and forms against theft, loss, or damage;
[(3) control the sequence
of issuance of the certificates and forms; and
[(4) ensure that the
certificates and forms are issued in accordance with department rules].
(c) The department shall
provide to inspection stations equipment and supplies necessary to comply
with this section.
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SECTION 19. Section 548.253,
Transportation Code, is amended to read as follows:
Sec. 548.253. INFORMATION TO
BE SUBMITTED [RECORDED] ON ISSUANCE OF INSPECTION CERTIFICATE
AND VERIFICATION FORM.
An inspection station or
inspector, on issuing an inspection certificate and verification form, shall:
(1) electronically submit
to the department's inspection database
the number assigned to the certificate [make a record and report as prescribed] by
the department under Section 548.251 [of the inspection and
certificate issued]; and
(2) electronically submit
to the department's database and include in the inspection certificate and
verification form any [the] information other than the
certificate number required by the department for the type of vehicle
inspected.
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SECTION 26. Section 548.253,
Transportation Code, is amended to read as follows:
Sec. 548.253. INFORMATION TO
BE SUBMITTED [RECORDED] ON COMPLETION [ISSUANCE]
OF INSPECTION [CERTIFICATE AND VERIFICATION FORM].
An inspection station or
inspector, on completion of [issuing] an inspection [certificate and verification form],
shall electronically submit to the department's inspection database:
(1) the vehicle identification number of the inspected
vehicle and an indication of whether the vehicle passed the inspections
required by this chapter [make
a record and report as prescribed by the department of the inspection and
certificate issued]; and
(2)
any additional [include in the inspection certificate and
verification form the] information required by rule by the
department for the type of vehicle inspected.
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SECTION 20. Section 548.254,
Transportation Code, is amended.
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SECTION 27. Same as
introduced version.
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No
equivalent provision.
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SECTION 28. Section 548.256,
Transportation Code, is amended to read as follows:
Sec. 548.256. PROOF OF
INSPECTION [VERIFICATION FORM] REQUIRED TO REGISTER VEHICLE. [(a)]
Before a vehicle [that is brought into this state by a person other than
a manufacturer or importer] may be registered, the Texas Department
of Motor Vehicles or the county assessor-collector registering the vehicle
shall verify that the vehicle has a passing report in the department's
inspection database. If the database report is not available, the owner of
the vehicle may present an inspection certificate issued for the vehicle
[, the owner must have the vehicle inspected and have the inspection
station record the following information on a verification form prescribed
and provided by the department:
[(1) the vehicle
identification number;
[(2) the number appearing
on the odometer of the vehicle at the time of the inspection, if the
vehicle has an odometer; and
[(3) other information
the department requires].
[(b) An inspection
station may not issue the verification form unless the vehicle complies
with the inspection requirements of this chapter.]
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No
equivalent provision.
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SECTION 29. Section
548.258(b), Transportation Code, is amended to read as follows:
(b) The department may adopt
rules to require an inspection station to use the state electronic Internet
portal to[:
[(1) purchase inspection
certificates; or
[(2)] send to the
department a record, report, or other information required by the
department.
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SECTION 21. Section
548.301(c), Transportation Code, is amended.
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SECTION 30. Same as
introduced version.
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No
equivalent provision.
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SECTION 31. Section 548.302,
Transportation Code, is amended to read as follows:
Sec. 548.302. COMMISSION TO
ADOPT STANDARDS AND REQUIREMENTS. The commission shall:
(1) adopt standards for
emissions-related inspection criteria consistent with requirements of the
United States and the conservation commission applicable to a county in
which a program is established under this subchapter; and
(2) develop and impose
requirements necessary to ensure that an inspection certificate is not
issued to a vehicle subject to a program established under this subchapter,
and that a passing report is not submitted to the department's inspection
database for the vehicle, unless the vehicle has passed a motor vehicle
emissions inspection at a facility authorized and certified by the
department.
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SECTION 22. Section 548.304,
Transportation Code, is amended.
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SECTION 32. Same as
introduced version.
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No
equivalent provision.
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SECTION 33. Section 548.401,
Transportation Code, is amended to read as follows:
Sec. 548.401. CERTIFICATION
GENERALLY. A person may perform an inspection, [or] issue an
inspection certificate, or submit a report to the department's
inspection database only if certified to do so by the department under
rules adopted by the department.
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No
equivalent provision.
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SECTION 34. Section
548.407(d), Transportation Code, is amended to read as follows:
(d) The department may
provide that a revocation or suspension takes effect on receipt of notice
under Subsection (b) if the department finds that the action is necessary
to prevent or remedy a threat to public health, safety, or welfare.
Violations that present a threat to public health, safety, or welfare
include:
(1) issuing an inspection
certificate or submitting a report to the department's inspection
database with knowledge that the issuance or submission is in
violation of this chapter or rules adopted under this chapter;
(2) falsely or fraudulently
representing to the owner or operator of a vehicle that equipment inspected
or required to be inspected must be repaired, adjusted, or replaced for the
vehicle to pass an inspection;
(3) issuing an inspection
certificate or submitting a report to the department's inspection
database:
(A) without authorization to
issue the certificate or submit the report; or
(B) without inspecting the
vehicle;
(4) issuing an inspection
certificate or submitting a passing report to the department's inspection
database for a vehicle with knowledge that the vehicle has not been
repaired, adjusted, or corrected after an inspection has shown a repair,
adjustment, or correction to be necessary;
(5) knowingly issuing an
inspection certificate or submitting a passing report to the
department's inspection database:
(A) for a vehicle without
conducting an inspection of each item required to be inspected; or
(B) for a vehicle that is
missing an item required to be inspected or that has an item required to be
inspected that is not in compliance with state law or department rules;
(6) refusing to allow a
vehicle's owner to have a qualified person of the owner's choice make a
required repair, adjustment, or correction;
(7) charging for an
inspection an amount greater than the authorized fee;
(8) a violation of
Subchapter F;
(9) a violation of Section
548.603; or
(10) a conviction of a
felony or a Class A or B misdemeanor that directly relates to or affects
the duties or responsibilities of a vehicle inspection station or inspector
or a conviction of a similar crime under the jurisdiction of another state
or the federal government.
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SECTION 23. Section
548.501(b), Transportation Code, is amended to read as follows:
No
equivalent provision.
No
equivalent provision.
(b)
An inspection station shall pay to the department a portion [$5.50]
of each fee charged by the station for an inspection, in an
amount determined by the department under Section 548.5045.
The
department may require the station to make an advance payment [of $5.50]
for each inspection certificate provided to the station. If advance
payment is made:
(1)
no further payment may be required on issuance of a certificate;
(2)
the inspection station may waive the fee due from the owner of an inspected
vehicle who is issued a certificate to which the advance payment applies;
(3)
the department shall refund to the inspection station the advance
payment amount [$5.50] for each unissued certificate that the
station returns to the department in accordance with department rules; and
(4)
the conservation commission shall pay to the department an amount
determined by the department [$2] for each unissued certificate
that the station returns to the department.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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SECTION 35. Section 548.501,
Transportation Code, is amended to read as follows:
Sec. 548.501. INSPECTION
FEES GENERALLY.
(a) Except as provided by
Sections 548.503 and 548.504, each inspection station shall set a
reasonable maximum [the] fee for inspection of a motor vehicle [other
than a moped is $12.50. The fee for inspection of a moped is $5.75. The
fee for a verification form issued as required by Section 548.256 is $1].
(b) Out of each fee for
an inspection $5.50 shall be remitted to the state under Section 548.509
[An
inspection station shall pay to the department $5.50 of each fee for an
inspection.
The department may require the station to make an advance payment of
$5.50 for each inspection certificate provided to the station.
If advance payment is made:
[(1)
no further payment may be required on issuance of a certificate;
[(2)
the inspection station may waive the fee due from the owner of an inspected
vehicle who is issued a certificate to which the advance payment applies;
[(3)
the department shall refund to the inspection station $5.50 for each
unissued certificate that the station returns to the department in
accordance with department rules; and
[(4)
the conservation commission shall pay to the department $2 for each
unissued certificate that the station returns to the department].
(c) If the maximum
inspection fee set by the inspection station exceeds the recommended
maximum inspection fee set by the commission under Subsection (e), the
inspection station must provide written notice to the commission of the
inspection station's maximum inspection fee.
(d) After receiving
written notice under Subsection (c), the commission may review an
inspection station's maximum inspection fee to determine whether it is
reasonable. In determining whether a maximum inspection fee charged by an
inspection station is reasonable, the commission may consider the resources
required by the inspection station to perform the station's inspection
duties under state and federal law. If the commission determines that an
inspection fee is not reasonable, the commission may require the inspection
station to reduce the amount of the maximum inspection fee the station
charges.
(e) The commission by
rule shall establish a statewide recommended maximum inspection fee that an
inspection station may charge for inspection of a motor vehicle. The
recommended maximum inspection fee may not exceed $17.50.
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SECTION 24. Section 548.502,
Transportation Code, is amended to read as follows:
Sec. 548.502. INSPECTION BY
POLITICAL SUBDIVISION OR STATE AGENCY. A political subdivision or state
agency for which the department certifies an inspection station under
Section 548.004:
(1) shall pay to the department an advance payment [of $5.50]
for each inspection certificate provided to
it, in an amount determined by the department under Section 548.5045;
and
(2) may not be required to
pay the compulsory inspection fee.
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SECTION 36. Section 548.502,
Transportation Code, is amended to read as follows:
Sec. 548.502. INSPECTION BY
POLITICAL SUBDIVISION OR STATE AGENCY. A political subdivision or state
agency for which the department certifies an inspection station under
Section 548.004:
(1) shall pay to the state [department
an advance payment of] $5.50 for each inspection under Section 548.509 [certificate provided to it]; and
(2) may not be required to
pay the remainder of the [compulsory] inspection fee.
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SECTION 25. Section 548.503,
Transportation Code, is amended to read as follows:
Sec. 548.503. INITIAL [TWO-YEAR]
INSPECTION OF PASSENGER CAR OR LIGHT TRUCK. (a) The fee for inspection of
a passenger car or light truck under Section 548.102 shall be set by the
department by rule on or before September 1 of each year. A fee set by the
department under this subsection must be based on the costs of producing
certificates, providing inspections, and administering the program, but may
not be less than $34.25 [$21.75].
(b) The department shall require
an inspection station to make an advance payment [of $14.75] for a
certificate to be issued under this section, in an amount determined by
the department under Section 548.5045. Additional payment may not be
required of the station for the certificate. The inspection station may
waive the fee due from the owner of the vehicle inspected. A refund for an
unissued certificate shall be made in the same manner as provided for other
certificate refunds.
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SECTION 37. Section 548.503,
Transportation Code, is amended to read as follows:
Sec. 548.503. INITIAL
TWO-YEAR INSPECTION OF PASSENGER CAR OR LIGHT TRUCK. (a) The fee for
inspection of a passenger car or light truck under Section 548.102 shall be
set by the department by rule on or before September 1 of each year. A fee
set by the department under this subsection must be based on the costs of [producing certificates,] providing
inspections[,] and administering the program, but may not be less
than $21.75.
(b) Out of each fee for an inspection under this
section $14.75 shall be remitted to the state under Section 548.509.
[The
department shall require an inspection station to make an advance payment
of $14.75 for a certificate to be issued under this section. Additional
payment may not be required of the station for the certificate. The
inspection station may waive the fee due from the owner of the vehicle
inspected. A refund for an unissued certificate shall be made in the same
manner as provided for other certificate refunds.]
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SECTION 26. Section
548.504(b), Transportation Code, is amended to read as follows:
(b)
The inspection station shall pay to the department a portion [$10]
of each fee for inspection of a commercial motor vehicle, in an amount
determined by the department under Section 548.5045. The department
may require the station to make an advance payment of the amount
determined by the department [$10] for a certificate to be
issued under this section. If advance payment is made:
(1)
no additional payment may be required of the station for the certificate;
and
(2)
a refund for an unissued certificate shall be made in the same manner as
provided for other certificate refunds.
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SECTION 38. Section
548.504(b), Transportation Code, is amended to read as follows:
(b) Out of each fee for inspection of a commercial
motor vehicle $10 shall be remitted to the department under Section 548.509
[The
inspection station shall pay to the department $10 of each fee for
inspection of a commercial motor vehicle. The department may require the
station to make an advance payment of $10 for a certificate to be issued
under this section. If advance payment is made:
[(1)
no additional payment may be required of the station for the certificate;
and
[(2)
a refund for an unissued certificate shall be made in the same manner as
provided for other certificate refunds].
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SECTION 27. Subchapter H,
Chapter 548, Transportation Code, is amended by adding Section 548.5045 to
read as follows:
Sec. 548.5045.
DETERMINATION OF AMOUNTS REMITTED TO DEPARTMENT. The amount to be remitted
to the department under Section 548.501, 548.502, 548.503, or 548.504 must
be based on the costs of:
(1) producing
certificates; and
(2) administering the
inspection program.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 39. Section
548.505(a), Transportation Code, is amended to read as follows:
(a) The department by rule
may impose an inspection fee for a vehicle inspected under Section
548.301(a) in addition to the fee provided by Section 548.501, 548.502,
548.503, or 548.504. A fee imposed under this subsection must be based on
the costs of:
(1) [producing
certificates;
[(2)] providing
inspections; and
(2) [(3)]
administering the program.
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No
equivalent provision.
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SECTION 40. Section 548.508,
Transportation Code, is amended to read as follows:
Sec. 548.508. DISPOSITION OF
FEES. Except as provided by Sections 382.0622 and 382.202, Health and
Safety Code, and Section 548.5055, each fee remitted to the comptroller
[collected by the department] under this subchapter shall be
deposited to the credit of the Texas mobility fund.
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No
equivalent provision.
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SECTION 41. Subchapter H,
Chapter 548, Transportation Code, is amended by adding Section 548.509 to
read as follows:
Sec. 548.509. COLLECTION
OF FEE DURING REGISTRATION. The Texas Department of Motor Vehicles or a
county assessor-collector that registers a motor vehicle that is subject to
an inspection fee under this chapter shall collect at the time of
registration of the motor vehicle the portion of the inspection fee that is
required to be remitted to the state. The Texas Department of Motor
Vehicles or the county assessor-collector shall remit the fee to the
comptroller.
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No
equivalent provision.
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SECTION 42. Subchapter H,
Chapter 548, Transportation Code, is amended by adding Section 548.510 to
read as follows:
Sec. 548.510. SIGNS
DISPLAYING FEES. An inspection station shall post, in an area of the
station that is accessible to and frequented by the public, a sign or
placard stating:
(1) the maximum fee the
inspection station may charge for a vehicle safety inspection; and
(2) the maximum fee the
inspection station may charge for an emissions test, if required.
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SECTION 28. Section
548.601(a), Transportation Code, is amended to read as follows:
(a) A person, including an
inspector or an inspection station, commits an offense if the person:
(1) submits an inspection certificate number to the
department's inspection database or issues an inspection certificate
with knowledge that the issuance is in violation of this chapter or rules
adopted under this chapter;
(2) falsely or fraudulently
represents to the owner or operator of a vehicle that equipment inspected
or required to be inspected must be repaired, adjusted, or replaced for the
vehicle to pass an inspection;
(3) misrepresents:
(A) material information in
an application in violation of Section 548.402 or 548.403; or
(B) information filed with
the department under this chapter or as required by department rule;
(4) submits an inspection certificate number to the
department's inspection database or issues an inspection certificate:
(A) without authorization to
issue the certificate; or
(B) without inspecting the
vehicle;
(5) submits an inspection certificate number to the
department's inspection database or issues an inspection certificate
for a vehicle with knowledge that the vehicle has not been repaired,
adjusted, or corrected after an inspection has shown a repair, adjustment,
or correction to be necessary;
(6) knowingly submits an inspection certificate number to the
department's inspection database or issues an inspection certificate:
(A) for a vehicle without
conducting an inspection of each item required to be inspected; or
(B) for a vehicle that is
missing an item required to be inspected or that has an item required to be
inspected that is not in compliance with state law or department rules;
(7) refuses to allow a
vehicle's owner to have a qualified person of the owner's choice make a
required repair, adjustment, or correction;
(8) charges for an
inspection an amount greater than the authorized fee; or
(9) performs an act
prohibited by or fails to perform an act required by this chapter or a rule
adopted under this chapter.
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SECTION 43. Section
548.601(a), Transportation Code, is amended to read as follows:
(a) A person, including an
inspector or an inspection station, commits an offense if the person:
(1) issues an inspection
certificate or submits a report to
the department's inspection database with knowledge that the issuance or submission is in violation of this
chapter or rules adopted under this chapter;
(2) falsely or fraudulently
represents to the owner or operator of a vehicle that equipment inspected
or required to be inspected must be repaired, adjusted, or replaced for the
vehicle to pass an inspection;
(3) misrepresents:
(A) material information in
an application in violation of Section 548.402 or 548.403; or
(B) information filed with
the department under this chapter or as required by department rule;
(4) issues an inspection
certificate or submits a report to
the department's inspection database:
(A) without authorization to
issue the certificate or submit the report; or
(B) without inspecting the
vehicle;
(5) issues an inspection
certificate or submits a passing report to the department's
inspection database for a vehicle with knowledge that the vehicle has
not been repaired, adjusted, or corrected after an inspection has shown a
repair, adjustment, or correction to be necessary;
(6) knowingly issues an
inspection certificate or submits a
passing report to the department's inspection database:
(A) for a vehicle without
conducting an inspection of each item required to be inspected; or
(B) for a vehicle that is
missing an item required to be inspected or that has an item required to be
inspected that is not in compliance with state law or department rules;
(7) refuses to allow a
vehicle's owner to have a qualified person of the owner's choice make a
required repair, adjustment, or correction;
(8) charges for an
inspection an amount greater than the authorized fee; or
(9) performs an act
prohibited by or fails to perform an act required by this chapter or a rule
adopted under this chapter.
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SECTION 29. Sections
548.603(a) and (c), Transportation Code, are amended to read as follows:
(a) A person commits an
offense if the person:
(1) presents [displays
or causes or permits to be displayed] an inspection certificate or
insurance document knowing that the certificate or document is counterfeit,
tampered with, altered, fictitious, issued for another vehicle, [issued
for a vehicle failing to meet all emissions inspection requirements,]
or issued in violation of:
(A) this chapter, rules
adopted under this chapter, or other law of this state; or
(B) a law of another state,
the United States, the United Mexican States, a state of the United Mexican
States, Canada, or a province of Canada;
(2) [transfers an
inspection certificate from a windshield or location to another windshield
or location;
[(3)] with intent to
circumvent the emissions inspection requirements seeks an inspection of a
vehicle at a station not certified to perform an emissions inspection if
the person knows that the vehicle is required to be inspected under Section
548.301; or
(3) [(4)]
knowingly does not comply with an emissions inspection requirement for a
vehicle[; or
[(5) displays on a
vehicle an inspection certificate that was obtained knowing that the
vehicle does not meet all emissions inspection requirements for the vehicle].
No
equivalent provision.
(c) The owner of a vehicle
commits an offense if the owner knowingly allows the vehicle to be
registered using as proof of compliance with this chapter [or
operated while the vehicle displays] an inspection certificate described
by [in violation of] Subsection (a).
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SECTION 44. Sections
548.603(a), (b), and (c), Transportation Code, are amended to read as
follows:
(a) A person commits an
offense if the person:
(1) presents [displays
or causes or permits to be displayed] an inspection certificate or
insurance document knowing that the certificate or document is
counterfeit, tampered with, altered, fictitious, issued for another
vehicle, [issued for a vehicle failing to meet all emissions inspection
requirements,] or issued in violation of:
(A) this chapter, rules
adopted under this chapter, or other law of this state; or
(B) a law of another state,
the United States, the United Mexican States, a state of the United Mexican
States, Canada, or a province of Canada;
(2) [transfers an
inspection certificate from a windshield or location to another windshield
or location;
[(3)] with intent to
circumvent the emissions inspection requirements seeks an inspection of a
vehicle at a station not certified to perform an emissions inspection if
the person knows that the vehicle is required to be inspected under Section
548.301; or
(3) [(4)]
knowingly does not comply with an emissions inspection requirement for a
vehicle[; or
[(5) displays on a
vehicle an inspection certificate that was obtained knowing that the
vehicle does not meet all emissions inspection requirements for the vehicle].
(b) A person commits an
offense if the person:
(1) makes or possesses, with
the intent to sell, circulate, or pass, a counterfeit inspection
certificate or insurance document; or
(2) possesses any part of a
stamp, dye, plate, negative, machine, or other device that is used or
designated for use in making a counterfeit [inspection certificate or]
insurance document.
(c) The owner of a vehicle
commits an offense if the owner knowingly allows the vehicle to be
registered using as proof of compliance with this chapter [or
operated while the vehicle displays] an inspection certificate described
by [in violation of] Subsection (a).
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SECTION 30. Section
548.6035(a), Transportation Code, is amended to read as follows:
(a) A person commits an
offense if, in connection with a required emissions inspection of a motor
vehicle, the person knowingly:
(1) submits an inspection certificate number to the
department's inspection database or issues
[places or causes to be placed on a motor vehicle] an inspection certificate, if:
(A) the vehicle does not
meet the emissions requirements established by the department; or
(B) the person has not
inspected the vehicle;
(2) manipulates an emissions
test result;
(3) uses or causes to be
used emissions data from another motor vehicle as a substitute for the
motor vehicle being inspected; or
(4) bypasses or circumvents
a fuel cap test.
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SECTION 45. Section 548.6035(a),
Transportation Code, is amended to read as follows:
(a) A person commits an
offense if, in connection with a required emissions inspection of a motor
vehicle, the person knowingly:
(1) submits a passing report to the department's
inspection database [places or causes to be placed on a motor
vehicle an inspection certificate,]
if:
(A) the vehicle does not
meet the emissions requirements established by the department; or
(B) the person has not
inspected the vehicle;
(2) manipulates an emissions
test result;
(3) uses or causes to be
used emissions data from another motor vehicle as a substitute for the
motor vehicle being inspected; or
(4) bypasses or circumvents
a fuel cap test.
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SECTION 31. Section
623.011(d), Transportation Code, is amended.
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SECTION 46. Same as
introduced version.
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SECTION 32. Section 683.051,
Transportation Code, is amended.
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SECTION 47. Same as
introduced version.
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SECTION 33. Section 683.071,
Transportation Code, as amended by Chapters 720 (H.B. 787) and 753 (H.B. 1376),
Acts of the 82nd Legislature, Regular Session, 2011, is reenacted and
amended.
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SECTION 48. Same as
introduced version.
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SECTION 34. The following
statutes are repealed:
(1) Section 548.053(c),
Transportation Code;
(2) Section 548.255,
Transportation Code;
(3) Section 548.257,
Transportation Code;
(4) Section 548.602,
Transportation Code;
(5) Section 548.603(e)(2),
Transportation Code;
(6) Section 548.603(f),
Transportation Code, as added by Chapter 1069 (S.B. 1856), Acts of the 75th
Legislature, Regular Session, 1997; and
(7) Section 548.605,
Transportation Code.
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SECTION 49. Same as
introduced version.
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SECTION 35. (a) Except as
otherwise provided by this section,
this Act takes effect September 1, 2015.
(b) Not later than January
1, 2014, the Department of Motor Vehicles, the Department of Public Safety
of the State of Texas, and the Texas Commission on Environmental Quality
shall adopt rules necessary to implement the changes in law made by this
Act.
(c) Sections 548.251 and
548.253, Transportation Code, as amended by this Act, take effect January
1, 2014.
No
equivalent provision.
(d)
Article 45.003, Code of
Criminal Procedure, Section 103.0213, Government Code, and Sections
521.3465, 548.603, and 548.6035, Transportation Code, as amended by this
Act, apply only to an offense committed on or after January 1, 2015. An
offense committed before January 1, 2015, is governed by the law in effect
on the date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense was
committed before January 1, 2015, if any element of the offense occurred
before that date.
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SECTION 52. (a) Except as
otherwise provided by Subsection (b) of this
section, this Act takes effect January
1, 2015.
(b)
Section 51 of this Act takes effect September 1, 2013.
SECTION 51. (a) Not later
than January 1, 2014, the Texas Department of Motor Vehicles, the Texas
Department of Public Safety, and the Texas Commission on Environmental
Quality shall adopt rules necessary to implement the changes in law made by
this Act.
No
equivalent provision.
(b) Not later than January
1, 2014, the Department of Public Safety shall create the database
described by Section 548.251, Transportation Code, as amended by this Act,
and require inspection stations to submit to the database the information
required by Section 548.253, Transportation Code, as amended by this Act.
SECTION 50.
Article 45.003, Code of
Criminal Procedure, Section 103.0213, Government Code, and Sections
521.3465, 548.603, and 548.6035, Transportation Code, as amended by this
Act, apply only to an offense committed on or after January 1, 2015. An
offense committed before January 1, 2015, is governed by the law in effect
on the date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense was
committed before January 1, 2015, if any element of the offense occurred
before that date.
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