BILL ANALYSIS

S.B. 711

By: Hinojosa

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised regarding the number of vehicles on Texas roadways impacted by safety recalls that have not had the necessary repair or replacement addressed. It has been suggested that including information related to a recall at the time of an annual inspection, although not affecting the vehicle's inspection status, will improve the safety of the state's roadways.  S.B. 711 seeks to address this issue by authorizing the Texas Department of Public Safety and the Texas Commission on Environmental Quality to incorporate an open recall warning on vehicle inspection reports generated at the time of an annual inspection.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 1 and to the Department of Public Safety in SECTION 2 of this bill.

ANALYSIS

S.B. 711 amends the Transportation Code to authorize the Department of Public Safety (DPS) to adopt rules providing for the inclusion on a vehicle inspection report notification regarding whether the vehicle is subject to a safety recall for which the vehicle has not been repaired or the repairs are incomplete. The bill authorizes DPS to accept gifts, grants, and donations from any source for the purpose of providing the notification.

S.B. 711 amends the Health and Safety Code to authorize the Texas Commission on Environmental Quality (TCEQ) to adopt rules providing for the inclusion of such notification on a vehicle inspection report for a vehicle inspected in a county that is included in a vehicle emissions inspection and maintenance program. The bill authorizes TCEQ to accept gifts, grants, and donations from any source for the purpose of providing the notification. TCEQ and DPS are required to implement a provision of the bill, as applicable, contingent on the legislature appropriating money specifically for that purpose. If the legislature does not make such an appropriation, TCEQ and DPS are authorized to implement a provision of the bill, as applicable, using other appropriations available for that purpose but not required to do so.

EFFECTIVE DATE

September 1, 2019.