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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of mandatory periodic motor vehicle |
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inspections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.202(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) On adoption of a resolution by the commission and after |
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proper notice, the Department of Public Safety of the State of Texas |
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shall implement a system that requires, as a condition of obtaining |
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a passing vehicle inspection report [issued under Subchapter C,
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Chapter 548, Transportation Code,] in a county that is included in a |
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vehicle emissions inspection and maintenance program under |
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Subchapter F, Chapter 548, Transportation Code [of that chapter], |
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that the vehicle, unless the vehicle is not covered by the system, |
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be annually or biennially inspected under the vehicle emissions |
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inspection and maintenance program as required by the state's air |
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quality state implementation plan. The Department of Public Safety |
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shall implement such a system when it is required by any provision |
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of federal or state law, including any provision of the state's air |
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quality state implementation plan. |
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SECTION 2. Subchapter G, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.221 to read as follows: |
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Sec. 382.221. REVIEW OF VEHICLE EMISSIONS INSPECTION AND |
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MAINTENANCE PROGRAM. (a) Not later than October 1, 2017, the |
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commission shall determine whether the federal Clean Air Act (42 |
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U.S.C. Section 7401 et seq.) or its subsequent amendments require |
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this state to operate a motor vehicle emissions inspection and |
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maintenance program in any part of this state. |
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(b) If the commission determines that the federal Clean Air |
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Act (42 U.S.C. Section 7401 et seq.) or a subsequent amendment does |
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not require this state to operate a motor vehicle emissions |
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inspection and maintenance program in any part of this state, the |
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commission shall, not later than October 1, 2018, develop a plan to |
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end the emissions inspection and maintenance program established |
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under this chapter and Subchapter F, Chapter 548, Transportation |
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Code. |
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(c) The plan must: |
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(1) provide for the revision of this state's air |
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quality state implementation plan and any other state plans |
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mandated by the federal Clean Air Act as necessary to account for |
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the end of the emissions inspection and maintenance program; and |
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(2) establish a proposed timeline for: |
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(A) submitting revised state plans to the United |
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States Environmental Protection Agency for approval; and |
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(B) ending the emissions inspection and |
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maintenance program. |
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(d) The commission shall submit to the United States |
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Environmental Protection Agency a request that the agency approve |
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the plan described by Subsection (b). |
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(e) If the United States Environmental Protection Agency |
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approves the plan described by Subsection (b): |
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(1) the commission shall implement the plan and amend |
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or adopt rules necessary to implement the plan; and |
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(2) on a date determined by the commission by rule, the |
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emissions inspection and maintenance program established under |
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this chapter and Subchapter F, Chapter 548, Transportation Code, is |
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abolished. |
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SECTION 3. Section 502.092(c), Transportation Code, is |
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amended to read as follows: |
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(c) A person may obtain a permit under this section by: |
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(1) applying to the department in a manner prescribed |
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by the department; |
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(2) paying a fee equal to 1/12 the registration fee |
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prescribed by this chapter for the vehicle; |
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(3) furnishing satisfactory evidence that the motor |
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vehicle is insured under an insurance policy that complies with |
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Section 601.072 and that is written by: |
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(A) an insurance company or surety company |
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authorized to write motor vehicle liability insurance in this |
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state; or |
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(B) with the department's approval, a surplus |
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lines insurer that meets the requirements of Chapter 981, Insurance |
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Code, and rules adopted by the commissioner of insurance under that |
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chapter, if the applicant is unable to obtain insurance from an |
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insurer described by Paragraph (A); and |
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(4) furnishing evidence that the vehicle has been |
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inspected if [as] required under Chapter 548. |
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SECTION 4. Section 547.601, Transportation Code, is amended |
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to read as follows: |
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Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle |
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described by Section 548.051 [required by Chapter 548 to be
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inspected] shall be equipped with front safety belts if safety belt |
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anchorages were part of the manufacturer's original equipment on |
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the vehicle. |
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SECTION 5. Section 548.051(a), Transportation Code, is |
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amended to read as follows: |
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(a) The following items installed on a [A] motor vehicle, |
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trailer, semitrailer, pole trailer, or mobile home[,] registered in |
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this state may be[, must have the following items] inspected at an |
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inspection station [or] by an inspector: |
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(1) tires; |
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(2) wheel assembly; |
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(3) safety guards or flaps, if required by Section |
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547.606; |
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(4) brake system, including power brake unit; |
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(5) steering system, including power steering; |
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(6) lighting equipment; |
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(7) horns and warning devices; |
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(8) mirrors; |
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(9) windshield wipers; |
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(10) sunscreening devices, unless the vehicle is |
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exempt from sunscreen device restrictions under Section 547.613; |
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(11) front seat belts in vehicles on which seat belt |
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anchorages were part of the manufacturer's original equipment; |
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(12) tax decal, if required by Section 548.104(d)(1); |
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(13) exhaust system; |
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(14) exhaust emission system; |
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(15) fuel tank cap, using pressurized testing |
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equipment approved by department rule; and |
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(16) emissions control equipment as designated by |
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department rule. |
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SECTION 6. Subchapter B, Chapter 548, Transportation Code, |
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is amended by adding Section 548.054 to read as follows: |
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Sec. 548.054. REGULAR INSPECTION NOT REQUIRED IN CERTAIN |
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COUNTIES. Except as otherwise provided by Subchapter D, a vehicle |
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described by Section 548.051 registered in a county that does not |
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have a motor vehicle emissions inspection and maintenance program |
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is not required to be regularly inspected at an inspection station |
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under this chapter. |
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SECTION 7. Section 548.101, Transportation Code, is amended |
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to read as follows: |
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Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. Except |
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as provided by Section 548.102, the department shall require an |
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annual emissions inspection under the program described by |
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Subchapter F. The department shall set the periods of inspection |
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and may make rules with respect to those periods. The rules must |
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provide that: |
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(1) a vehicle owner may obtain an inspection not |
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earlier than 90 days before the date of expiration of the vehicle's |
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registration; and |
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(2) a used motor vehicle sold by a dealer, as defined |
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by Section 503.001, must be inspected in the 180 days preceding the |
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date the dealer sells the vehicle. |
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SECTION 8. Section 548.102(a), Transportation Code, is |
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amended to read as follows: |
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(a) The initial emissions inspection period is two years for |
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a passenger car or light truck that: |
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(1) is sold in this state; |
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(2) has not been previously registered in this or |
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another state; and |
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(3) on the date of sale is of the current or preceding |
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model year. |
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SECTION 9. Sections 548.104(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) The commission shall adopt uniform standards of safety |
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applicable to each item subject to inspection under [required to be
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inspected by] Section 548.051. The standards and the list of items |
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to be inspected shall be posted in each inspection station. |
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(c) An inspection station or inspector may inspect only the |
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equipment subject to inspection under [required to be inspected by] |
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Section 548.051 and may not: |
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(1) falsely and fraudulently represent to an applicant |
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that equipment required to be inspected must be repaired, adjusted, |
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or replaced before the vehicle will pass inspection; or |
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(2) require an applicant to have another part of the |
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vehicle or other equipment inspected as a prerequisite for issuance |
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of a passing vehicle inspection report. |
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SECTION 10. Section 548.256, Transportation Code, is |
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amended to read as follows: |
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Sec. 548.256. PROOF OF INSPECTION REQUIRED TO REGISTER |
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VEHICLE. Before a vehicle may be registered, the Texas Department |
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of Motor Vehicles or the county assessor-collector registering the |
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vehicle shall verify that the vehicle has passed any [the] |
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inspections required by this chapter, as indicated in the |
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department's inspection database. If the database information is |
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not available, the owner of the vehicle may present a vehicle |
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inspection report issued for the vehicle. |
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SECTION 11. Section 548.053(b), Transportation Code, is |
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repealed. |
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SECTION 12. This Act takes effect September 1, 2017. |