By: Pickett H.B. No. 3683

A BILL TO BE ENTITLED

AN ACT

relating to periodic motor vehicle inspections; reducing a fee.

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

SECTION 1. Section 548.501, Transportation Code, is amended to read as follows:

Sec. 548.501. INSPECTION PROGRAM FEES [GENERALLY].

[(a) Except as provided by 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.

[(b) Out of each fee for an inspection, $5.50] shall be remitted to the state under Section 548.509.

At the time of application for registration or renewal of registration of a motor vehicle, other than a commercial motor vehicle required to pay a fee under Section 548.504, the applicant shall pay a program fee of $5.50, which shall be remitted to the state under Section 548.509.

SECTION 2. 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; and

(2) $2 from the portion of each fee collected for inspections of vehicles other than mopeds and remitted to the state under 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 3. 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 a passing vehicle inspection report 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, Chapter 548, Transportation Code [of that chapter], that a motor vehicle registered in this state [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 4. Section 382.203(c), Health and Safety Code, is amended to read as follows:

(c) The Department of Public Safety of the State of Texas by rule may waive program requirements, in accordance with standards adopted by the commission, for certain vehicles and vehicle owners, including:

(1) the registered owner of a vehicle who cannot afford to comply with the program, based on reasonable income standards;

(2) a vehicle that cannot be brought into compliance with emissions standards by performing repairs;

(3) a vehicle:

(A) on which at least $100 has been spent to bring the vehicle into compliance; and

(B) that the department[:

[(i)] can verify is driven an average of fewer than 5,000 miles each year [was driven fewer than 5,000 miles since the last safety inspection; and

[(ii) reasonably determines will be driven fewer than 5,000 miles during the period before the next safety inspection is required]; and

(4) a vehicle for which parts are not readily available.

SECTION 5. Section 502.092(c), Transportation Code, is amended to read as follows:

(c) A person may obtain a permit under this section by:

(1) applying to the department in a manner prescribed by the department;

(2) paying a fee equal to 1/12 the registration fee prescribed by this chapter for the vehicle;

(3) furnishing satisfactory evidence that the motor vehicle is insured under an insurance policy that complies with Section 601.072 and that is written by:

(A) an insurance company or surety company authorized to write motor vehicle liability insurance in this state; or

(B) with the department's approval, a surplus lines insurer that meets the requirements of Chapter 981, Insurance Code, and rules adopted by the commissioner of insurance under that chapter, if the applicant is unable to obtain insurance from an insurer described by Paragraph (A); and

(4) furnishing evidence that the vehicle has been inspected if [as] required under Chapter 548.

SECTION 6. Section 547.601, Transportation Code, is amended to read as follows:

Sec. 547.601. SAFETY BELTS REQUIRED. (a) A motor vehicle [required by Chapter 548 to be inspected] shall be equipped with front safety belts if safety belt anchorages were part of the manufacturer's original equipment on the vehicle.

(b) Subsection (a) does not apply to a vehicle described by Section 548.052.

SECTION 7. Section 548.001(10), Transportation Code, is amended to read as follows:

(10) "Vehicle inspection report" means a report issued by an inspector or an inspection station for a vehicle that indicates whether the vehicle has passed a [the] safety or [and, if applicable,] emissions inspection [inspections] required by this chapter.

SECTION 8. The heading to Subchapter B, Chapter 548, Transportation Code, is amended to read as follows:

SUBCHAPTER B. COMMERCIAL MOTOR VEHICLE INSPECTIONS: VEHICLES AND

EQUIPMENT SUBJECT TO SAFETY INSPECTION [AND REINSPECTION]

SECTION 9. Section 548.051(a), Transportation Code, is amended to read as follows:

(a) A commercial motor vehicle that is a motor vehicle, trailer, semitrailer, pole trailer, or mobile home, registered in this state, must have the following items inspected at an inspection station or by an inspector:

(1) tires;

(2) wheel assembly;

(3) safety guards or flaps, if required by Section 547.606;

(4) brake system, including power brake unit;

(5) steering system, including power steering;

(6) lighting equipment;

(7) horns and warning devices;

(8) mirrors;

(9) windshield wipers;

(10) [sunscreening devices, unless the vehicle is exempt from sunscreen device restrictions under Section 547.613;

[(11)] front seat belts in vehicles on which seat belt anchorages were part of the manufacturer's original equipment;

(11) [(12)] exhaust system;

(12) [(13)] exhaust emission system;

(13) [(14)] fuel tank cap, using pressurized testing equipment approved by department rule; and

(14) [(15)] emissions control equipment as designated by department rule.

SECTION 10. Section 548.052, Transportation Code, is amended to read as follows:

Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This subchapter [chapter] does not apply to:

(1) a trailer, semitrailer, pole trailer, or mobile home moving under or bearing a current factory-delivery license plate or current in-transit license plate;

(2) a vehicle moving under or bearing a paper dealer in-transit tag, machinery license, disaster license, parade license, prorate tab, one-trip permit, vehicle temporary transit permit, antique license, custom vehicle license, street rod license, temporary 24-hour permit, or permit license;

(3) a trailer, semitrailer, pole trailer, or mobile home having an actual gross weight or registered gross weight of 4,500 pounds or less;

(4) farm machinery, road-building equipment, a farm trailer, or a vehicle required to display a slow-moving-vehicle emblem under Section 547.703;

(5) a former military vehicle, as defined by Section 504.502;

(6) a vehicle qualified for a tax exemption under Section 152.092, Tax Code; or

(7) a vehicle for which a certificate of title has been issued but that is not required to be registered.

SECTION 11. Section 548.053, Transportation Code, is transferred to Subchapter E, Chapter 548, Transportation Code, redesignated as Section 548.255, Transportation Code, and amended to read as follows:

Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING ADJUSTMENT, CORRECTION, OR REPAIR. (a) If an inspection discloses the necessity for adjustment, correction, or repair, an inspection station or inspector may not issue a passing vehicle inspection report 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.

(b) A vehicle required to be inspected under Subchapter B that is inspected and is subsequently involved in an accident affecting the safe operation of an item of inspection must be reinspected following repair. The reinspection must be at an inspection station and shall be treated and charged as an initial inspection.

SECTION 12. The heading to Subchapter C, Chapter 548, Transportation Code, is amended to read as follows:

SUBCHAPTER C. COMMERCIAL MOTOR VEHICLE INSPECTIONS: PERIODS OF

SAFETY INSPECTION[; PREREQUISITES TO ISSUANCE OF PASSING VEHICLE

INSPECTION REPORT]

SECTION 13. Section 548.101, Transportation Code, is amended to read as follows:

Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. The [Except as provided by Section 548.102, the] department shall require an [annual] inspection under Section 548.051 to be conducted annually. 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 14. Section 548.104, Transportation Code, is transferred to Subchapter B, Chapter 548, Transportation Code, redesignated as Section 548.054, and amended to read as follows:

Sec. 548.054 [548.104]. EQUIPMENT-RELATED REQUIREMENTS [PREREQUISITES TO ISSUANCE OF PASSING VEHICLE INSPECTION REPORT]. (a) The commission shall adopt uniform standards of safety applicable to each item required to be inspected by Section 548.051. The standards and the list of items to be inspected shall be posted in each inspection station.

(b) An inspection station or inspector may issue a passing vehicle inspection report 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 a passing vehicle inspection report.

(d) An inspection station or inspector may not issue a passing vehicle inspection report for a vehicle equipped with[:

[(1) a sunscreening device prohibited by Section 547.613, except that the department by rule shall provide procedures for issuance of a passing vehicle inspection report for a vehicle exempt under Section 547.613(c); or

[(2)] a compressed natural gas container unless the owner demonstrates in accordance with department rules proof:

(1) [(A)] that:

(A) [(i)] the container has met the inspection requirements under 49 C.F.R. Section 571.304; and

(B) [(ii)] the manufacturer's recommended service life for the container, as stated on the container label required by 49 C.F.R. Section 571.304, has not expired; or

(2) [(B)] that the vehicle is a fleet vehicle for which the fleet operator employs a technician certified to inspect the container.

(e) The department shall adopt rules relating to inspection of and issuance of a vehicle inspection report for a moped.

SECTION 15. Section 548.105, Transportation Code, is transferred to Subchapter E, Chapter 548, Transportation Code, and redesignated as Section 548.2521 to read as follows:

Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE INSPECTION REPORT. (a) An inspection station or inspector may not issue a passing vehicle inspection report 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 Section 1952.054, Insurance Code.

(b) An inspection station is not liable to a person, including a third party, for issuing a passing vehicle inspection report 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 16. The heading to Subchapter D, Chapter 548, Transportation Code, is amended to read as follows:

SUBCHAPTER D. [INSPECTION OF] COMMERCIAL MOTOR VEHICLE

INSPECTIONS: FEDERAL MOTOR CARRIER SAFETY REGULATIONS [VEHICLES]

SECTION 17. Subchapter E, Chapter 548, Transportation Code, is amended by adding Section 548.257 to read as follows:

Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED ENFORCEMENT. The commission shall require a vehicle required to be regularly inspected under this chapter to pass the required inspection:

(1) not earlier than 90 days before the date of expiration of the vehicle's registration; or

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

SECTION 18. Section 548.501, Transportation Code, is amended to read as follows:

Sec. 548.501. INSPECTION PROGRAM FEES [GENERALLY]. At the time of application for registration or renewal of registration of a motor vehicle, other than a commercial motor vehicle required to pay a fee under Section 548.504, the applicant shall pay a program fee of $5.50, which [(a) Except as provided by 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.

[(b) Out of each fee for an inspection, $5.50] shall be remitted to the state under Section 548.509.

SECTION 19. 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 other fees required by this subchapter [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 20. Sections 548.102, 548.502, and 548.503, Transportation Code, are repealed.

SECTION 21. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act 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 the effective date of this Act if any element of the offense occurred before that date.

SECTION 22. This Act takes effect September 1, 2017.