83R6013 AJZ-F

By: Harper-Brown H.B. No. 2876

A BILL TO BE ENTITLED

AN ACT

relating to fees for the compulsory inspection of motor vehicles; authorizing a maximum fee to be charged by an inspection station.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 2. 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 3. Section 548.501, Transportation Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:

(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]. If the maximum inspection fee set by the inspection station exceeds the recommended maximum inspection fee set by the commission under Subsection (d), the inspection station must provide written notice to the commission of the inspection station's maximum inspection fee. The maximum inspection fee must include any amount to be charged [fee] for a verification form issued as required by Section 548.256 [is $1].

(c) After receiving written notice under Subsection (a), 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.

(d) The commission by rule shall establish a statewide recommended maximum inspection fee that an inspection station may charge for inspection of a motor vehicle.

SECTION 4. 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 $20.25 [$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 5. Subchapter H, Chapter 548, Transportation Code, is amended by adding Section 548.509 to read as follows:

Sec. 548.509. 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 6. (a) Not later than October 1, 2013, the Public Safety Commission shall adopt any rules necessary to implement Section 548.501, Transportation Code, as amended by this Act.

(b) Section 548.501(a), Transportation Code, as amended by this Act, applies only to an inspection of a motor vehicle performed on or after October 1, 2013. An inspection performed before October 1, 2013, is governed by the law in effect on the date the inspection was performed, and the former law is continued in effect for that purpose.

SECTION 7. This Act takes effect September 1, 2013.