SB 1588, Sen 2nd Rdg, Amnd #F2

Amend CSSB 1588 (senate committee report) by striking all below the enacting clause and substituting the following:

SECTION 1. 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 from the portion of each fee collected for inspections of vehicles other than mopeds and remitted to the state under Section [~~Sections~~] 548.501 [~~and 548.503~~], 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 2. Subchapter B, Chapter 548, Transportation Code, is amended by adding Section 548.054 to read as follows:

Sec. 548.054. EXEMPTION FROM SAFETY INSPECTION REQUIREMENT FOR CERTAIN VEHICLES. (a) Notwithstanding any other law, a motor vehicle, trailer, semitrailer, pole trailer, mobile home, or moped is not required to be inspected under Section 548.051 before the vehicle may be registered if the vehicle:

(1) was manufactured for a model year that is less than five years before the year in which the vehicle is to be registered; and

(2) has not been involved in an accident in the five-year period preceding the date of registration.

(b) Subsection (a) does not apply to a commercial motor vehicle.

(c) The department by rule, in consultation with the Texas Department of Motor Vehicles, shall establish a system to identify vehicles that have been involved in accidents for the purpose of implementing this section. The system is not required to identify a vehicle involved in an accident unless a police report was filed in connection with the accident.

(d) The department and the Texas Department of Motor Vehicles may enter into a memorandum of understanding if necessary to implement this section.

(e) This section does not affect a requirement that a motor vehicle emission inspection be conducted in a county covered by an inspection and maintenance program approved by the United States Environmental Protection Agency under Section 548.301 and the Clean Air Act (42 U.S.C. Section 7401 et seq.).

SECTION 3. Section 548.101, Transportation Code, is amended to read as follows:

Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. Except as provided by Section 548.054 [~~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:

(1) a vehicle owner may obtain an inspection not earlier than 90 days before the date of expiration of the vehicle's registration; and

(2) a used motor vehicle sold by a dealer, as defined by Section 503.001, must be inspected in the 180 days preceding the date the dealer sells the vehicle.

SECTION 4. Section 548.501(a), Transportation Code, is amended to read as follows:

(a) Except as provided by Section [~~Sections 548.503 and~~] 548.504, 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.

SECTION 5. 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) providing inspections; and

(2) administering the program.

SECTION 6. Sections 548.102 and 548.503, Transportation Code, are repealed.