|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the motor vehicle inspection program; creating an |
|
offense; amending the amount of certain fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 45.003, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 45.003. DEFINITION FOR CERTAIN PROSECUTIONS. For |
|
purposes of dismissing a charge under Section 502.407 [or 548.605], |
|
Transportation Code, "day" does not include Saturday, Sunday, or a |
|
legal holiday. |
|
SECTION 2. Section 51.207(d), Education Code, is amended to |
|
read as follows: |
|
(d) This subsection applies only to a public institution of |
|
higher education campus that is not covered by Subsection (b). The |
|
institution may not issue a permit to a student of the institution |
|
for driving or parking a motor vehicle on institutional property |
|
unless the institution provides written notice to the student that |
|
failure to register the vehicle in this state [or to display a
|
|
current and appropriate inspection certificate issued under
|
|
Chapter 548, Transportation Code,] may violate state law if the |
|
owner of the vehicle resides in this state. |
|
SECTION 3. Section 103.0213, Government Code, is amended to |
|
read as follows: |
|
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a |
|
party to a civil suit, as applicable, shall pay the following fees |
|
and costs under the Transportation Code if ordered by the court or |
|
otherwise required: |
|
(1) administrative fee on dismissal of charge of |
|
driving with an expired motor vehicle registration (Sec. 502.407, |
|
Transportation Code) . . . not to exceed $20; |
|
(2) administrative fee on dismissal of charge of |
|
driving with an expired driver's license (Sec. 521.026, |
|
Transportation Code) . . . not to exceed $20; |
|
(3) [administrative fee on remediation of charge of
|
|
driving with an expired inspection certificate (Sec. 548.605,
|
|
Transportation Code) .
.
. not to exceed $20;
|
|
[(4)] administrative fee for failure to appear for a |
|
complaint or citation on certain offenses (Sec. 706.006, |
|
Transportation Code) . . . $30 for each violation; and |
|
(4) [(5)] administrative fee for failure to pay or |
|
satisfy certain judgments (Sec. 706.006, Transportation Code) |
|
. . . $30. |
|
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). |
|
SECTION 5. Section 382.202(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) On adoption of a resolution by the commission and after |
|
proper notice, the Department of Public Safety of the State of Texas |
|
shall implement a system that requires, as a condition of obtaining |
|
an [a safety] inspection certificate issued under Subchapter C, |
|
Chapter 548, Transportation Code, in a county that is included in a |
|
vehicle emissions inspection and maintenance program under |
|
Subchapter F of that chapter, that the vehicle, unless the vehicle |
|
is not covered by the system, be annually or biennially inspected |
|
under the vehicle emissions inspection and maintenance program as |
|
required by the state's air quality state implementation plan. The |
|
Department of Public Safety shall implement such a system when it is |
|
required by any provision of federal or state law, including any |
|
provision of the state's air quality state implementation plan. |
|
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. |
|
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]. |
|
SECTION 8. Sections 2308.253(d) and (e), Occupations Code, |
|
are amended to read as follows: |
|
(d) Except as provided by a contract described by Subsection |
|
(e), a parking facility owner may not have a vehicle removed from |
|
the parking facility merely because the vehicle does not display[:
|
|
[(1)] an unexpired license plate or registration |
|
insignia issued for the vehicle under Chapter 502, Transportation |
|
Code, or the vehicle registration law of another state or country[;
|
|
or
|
|
[(2)
a valid vehicle inspection certificate issued
|
|
under Chapter 548, Transportation Code, or the vehicle inspection
|
|
law of another state or country]. |
|
(e) A contract provision providing for the removal from a |
|
parking facility of a vehicle that does not display an unexpired |
|
license plate or registration insignia [or a valid inspection
|
|
certificate] is valid only if the provision requires the owner or |
|
operator of the vehicle to be given at least 10 days' written notice |
|
that the vehicle will be towed from the facility at the vehicle |
|
owner's or operator's expense if it is not removed from the parking |
|
facility. The notice must be: |
|
(1) delivered in person to the owner or operator of the |
|
vehicle; or |
|
(2) sent by certified mail, return receipt requested, |
|
to that owner or operator. |
|
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. |
|
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. |
|
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. |
|
SECTION 12. Section 502.059(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) Except as provided by Subsection (f), the registration |
|
insignia for validation of a license plate shall be attached to the |
|
inside of the vehicle's windshield, if the vehicle has a |
|
windshield, in the lower left corner in a manner that will not |
|
obstruct the vision of the driver [within six inches of the place
|
|
where the motor vehicle inspection sticker is required to be
|
|
placed]. If the vehicle does not have a windshield, the owner, |
|
when applying for registration or renewal of registration, shall |
|
notify the department, and the department shall issue a distinctive |
|
device for attachment to the rear license plate of the vehicle. |
|
SECTION 13. The heading to Section 521.3465, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 521.3465. AUTOMATIC SUSPENSION ON CONVICTION OF |
|
CERTAIN OFFENSES INVOLVING FICTITIOUS MOTOR VEHICLE LICENSE |
|
PLATES, REGISTRATION INSIGNIA, OR [SAFETY] INSPECTION |
|
CERTIFICATES. |
|
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. |
|
SECTION 15. Section 521.3466(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A license is automatically revoked on final conviction |
|
of the license holder of an offense under Section 37.10, Penal Code, |
|
if the governmental record was a motor vehicle license plate or |
|
registration insignia, within the meaning of Chapter 502, or an [a
|
|
safety] inspection certificate, within the meaning of Chapter 548. |
|
SECTION 16. Section 548.001, Transportation Code, is |
|
amended by adding Subdivision (6-a) to read as follows: |
|
(6-a) "Inspection certificate" means a report |
|
printed, manufactured, or made by the department or an authorized |
|
agent of the department and issued by an inspector or an inspection |
|
station for a vehicle that passes the safety and, if applicable, |
|
emissions inspections required by this chapter. |
|
SECTION 17. Section 548.004(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) The facility may inspect only a vehicle owned by the |
|
political subdivision or state agency. [An officer, employee, or
|
|
inspector of the subdivision or agency may not place an inspection
|
|
certificate received from the department under this section on a
|
|
vehicle not owned by the subdivision or agency.] |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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] |
|
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]. |
|
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. |
|
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. |
|
SECTION 27. Section 548.254, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 548.254. VALIDITY OF INSPECTION CERTIFICATE. An |
|
inspection certificate is invalid after the end of the 12th month |
|
following the month in which the certificate is issued. [An unused
|
|
inspection certificate representing a previous inspection period
|
|
may not be issued after the beginning of the next period.] |
|
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.] |
|
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. |
|
SECTION 30. Section 548.301(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) A program established under this section must |
|
[Subsection (b) or (b-1) may] include registration and |
|
reregistration-based enforcement. |
|
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. |
|
SECTION 32. Section 548.304, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS |
|
INSPECTIONS. [(a)] The department may authorize and certify |
|
inspection stations as necessary to implement the |
|
emissions-related inspection requirements of the motor vehicle |
|
emissions inspection and maintenance program established under |
|
this subchapter if the station meets the department's certification |
|
requirements. |
|
[(b)
The department shall provide inspection certificates
|
|
for distribution and issuance at inspection stations certified by
|
|
the department.] |
|
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. |
|
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. |
|
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. |
|
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. |
|
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.] |
|
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]. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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). |
|
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. |
|
SECTION 46. Section 623.011(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) When the department issues a permit under this section, |
|
the department shall issue a sticker to be placed on the front |
|
windshield of the vehicle [above the inspection certificate issued
|
|
to the vehicle]. The department shall design the form of the |
|
sticker to aid in the enforcement of weight limits for vehicles. |
|
SECTION 47. Section 683.051, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF |
|
CERTAIN MOTOR VEHICLES. A person may apply to the department for |
|
authority: |
|
(1) to sell, give away, or dispose of a motor vehicle |
|
to a motor vehicle demolisher if: |
|
(A) the person owns the motor vehicle and the |
|
certificate of title to the vehicle is lost, destroyed, or faulty; |
|
or |
|
(B) the vehicle is an abandoned motor vehicle and |
|
is: |
|
(i) in the possession of the person; or |
|
(ii) located on property owned by the |
|
person; or |
|
(2) to dispose of a motor vehicle to a motor vehicle |
|
demolisher for demolition, wrecking, or dismantling if: |
|
(A) the abandoned motor vehicle: |
|
(i) is in the possession of the person; |
|
(ii) is more than eight years old; |
|
(iii) either has no motor or is otherwise |
|
totally inoperable or does not comply with all applicable air |
|
pollution emissions control related requirements included in[:
|
|
(aa) the vehicle inspection requirements under Chapter 548, as
|
|
evidenced by a current inspection certificate affixed to the
|
|
vehicle windshield; or (bb)] the vehicle emissions inspection and |
|
maintenance requirements contained in the Public Safety |
|
Commission's motor vehicle emissions inspection and maintenance |
|
program under Subchapter F, Chapter 548, or the state's air quality |
|
state implementation plan; and |
|
(iv) was authorized to be towed by a law |
|
enforcement agency; and |
|
(B) the law enforcement agency approves the |
|
application. |
|
SECTION 48. 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 |
|
to read as follows: |
|
Sec. 683.071. DEFINITION AND APPLICABILITY. (a) In this |
|
subchapter, "junked vehicle" means a vehicle that: |
|
(1) is self-propelled; and |
|
(2) is: |
|
(A) wrecked, dismantled or partially dismantled, |
|
or discarded; or |
|
(B) inoperable and has remained inoperable for |
|
more than: |
|
(i) 72 consecutive hours, if the vehicle is |
|
on public property; or |
|
(ii) 30 consecutive days, if the vehicle is |
|
on private property. |
|
(b) For purposes of this subchapter, "junked vehicle" |
|
includes a motor vehicle, aircraft, or watercraft. This subchapter |
|
applies only to: |
|
(1) a motor vehicle that displays an expired license |
|
plate [or invalid motor vehicle inspection certificate] or does not |
|
display a license plate [or motor vehicle inspection certificate]; |
|
(2) an aircraft that does not have lawfully printed on |
|
the aircraft an unexpired federal aircraft identification number |
|
registered under Federal Aviation Administration aircraft |
|
registration regulations in 14 C.F.R. Part 47; or |
|
(3) a watercraft that: |
|
(A) does not have lawfully on board an unexpired |
|
certificate of number; and |
|
(B) is not a watercraft described by Section |
|
31.055, Parks and Wildlife Code. |
|
SECTION 49. 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. |
|
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. |
|
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. |
|
(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 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. |