83R1727 JXC-F
 
  By: Harper-Brown H.B. No. 2875
 
 
 
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)  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).
         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.  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.]
         SECTION 7.  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 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.
         SECTION 9.  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 10.  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 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.
         SECTION 12.  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 13.  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 14.  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 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.
         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.
         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.
         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.
         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.
         SECTION 20.  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 21.  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 22.  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 23.  Section 548.501(b), Transportation Code, is
  amended to read as follows:
         (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.
         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.
         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.
         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.
         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.
         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.
         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].
         (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 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.
         SECTION 31.  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 32.  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 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
  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 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.
         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.
         (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.