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A BILL TO BE ENTITLED
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AN ACT
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relating to the inspection periods for certain motor vehicles; |
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increasing certain fees. |
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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 |
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obtaining a passing vehicle inspection report issued under |
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Subchapter C, Chapter 548, Transportation Code,] in a county that |
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is included in a vehicle emissions inspection and maintenance |
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program under Subchapter F, Chapter 548, Transportation Code [of |
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that chapter], that a motor vehicle registered in this state [the |
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vehicle], unless the vehicle is not covered by the system, be |
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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. Section 548.101, Transportation Code, is amended |
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to read as follows: |
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Sec. 548.101. GENERAL FIVE-YEAR [ONE-YEAR] INSPECTION |
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PERIOD. Except as provided by Section 548.102, the department |
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shall require an [annual] inspection every five years. The |
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department shall set the periods of inspection and may make rules |
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with respect to those periods. [The rules must 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 3. The heading to Section 548.102, Transportation |
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Code, is amended to read as follows: |
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Sec. 548.102. FIVE-YEAR [TWO-YEAR] INITIAL INSPECTION |
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PERIOD FOR PASSENGER CAR OR LIGHT TRUCK. |
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SECTION 4. Section 548.102(a), Transportation Code, is |
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amended to read as follows: |
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(a) The initial inspection period is five [two] years for a |
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passenger car or light truck that: |
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(1) is sold in this state or purchased by a commercial |
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fleet buyer described by Section 501.0234(b)(4) for use in this |
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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 5. Subchapter C, Chapter 548, Transportation Code, |
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is amended by adding Section 548.106 to read as follows: |
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Sec. 548.106. TIMING OF INSPECTION FOR REGISTRATION-BASED |
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ENFORCEMENT. The department shall require a vehicle required to be |
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inspected under this chapter to pass the required inspection: |
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(1) for initial registration, not earlier than 90 days |
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before the date of registration; |
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(2) for a renewal of registration, not earlier than 90 |
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days before the date of expiration of the vehicle's registration; |
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(3) if the vehicle is a used motor vehicle sold by a |
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dealer, as defined by Section 503.001, in the 180 days preceding the |
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date the dealer sells the vehicle; or |
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(4) if the vehicle is subject to the federal motor |
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carrier safety regulations, in a period that complies with those |
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regulations. |
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SECTION 6. Section 548.254, Transportation Code, is amended |
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to read as follows: |
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Sec. 548.254. VALIDITY OF VEHICLE INSPECTION REPORT. The |
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department, and the conservation commission if necessary, by rule |
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shall establish the length of time a [A] vehicle inspection report |
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required by this chapter is valid [invalid after the end of the 12th |
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month following the month in which the report is issued]. |
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SECTION 7. Sections 548.501(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) Except as provided by Sections 548.503 and 548.504, the |
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fee for inspection of a [motor] vehicle other than a moped is $26.50 |
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[$12.50]. The fee for inspection of a moped is $19.75 [$5.75]. |
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(b) Out of each fee for an inspection, $19.50 [$5.50] shall |
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be remitted to the state under Section 548.509. |
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SECTION 8. Section 548.502, Transportation Code, is amended |
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to read as follows: |
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Sec. 548.502. INSPECTION BY POLITICAL SUBDIVISION OR STATE |
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AGENCY. A political subdivision or state agency for which the |
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department certifies an inspection station under Section 548.004: |
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(1) shall pay to the state $27.50 [$5.50] for each |
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inspection under Section 548.509; and |
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(2) may not be required to pay the remainder of the |
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inspection fee. |
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SECTION 9. Section 548.503, Transportation Code, is amended |
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to read as follows: |
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Sec. 548.503. INITIAL FIVE-YEAR [TWO-YEAR] INSPECTION OF |
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PASSENGER CAR OR LIGHT TRUCK. (a) The fee for inspection of a |
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passenger car or light truck under Section 548.102 shall be set by |
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the department by rule on or before September 1 of each year. A fee |
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set by the department under this subsection must be based on the |
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costs of providing inspections and administering the program, but |
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may not be less than $32.25 [$21.75]. |
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(b) Out of each fee for an inspection under this section, |
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$25.25 [$14.75] shall be remitted to the state under Section |
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548.509. |
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SECTION 10. Section 548.505, Transportation Code, is |
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amended to read as follows: |
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Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The |
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department by rule may impose an emissions-related inspection fee |
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for a vehicle inspected under Section 548.301(a) [in addition to |
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the fee provided by Section 548.501, 548.502, 548.503, or 548.504]. |
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A fee imposed under this subsection must be based on the costs of: |
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(1) providing inspections; and |
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(2) administering the program. |
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(b) The department may provide a maximum fee for an |
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inspection under this section [subchapter]. The department may not |
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set a minimum fee for an inspection under this section |
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[subchapter]. |
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SECTION 11. Section 548.508, Transportation Code, is |
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amended to read as follows: |
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Sec. 548.508. DISPOSITION OF FEES. Except as provided by |
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Sections 382.0622 and 382.202, Health and Safety Code, and Sections |
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[Section] 548.5055 and 548.510 of this code, each fee remitted to |
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the comptroller under this subchapter shall be deposited to the |
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credit of the Texas mobility fund. |
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SECTION 12. Section 548.509, Transportation Code, is |
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amended to read as follows: |
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Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. (a) |
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The Texas Department of Motor Vehicles or a county |
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assessor-collector that registers a motor vehicle that is subject |
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to an inspection fee under this chapter or Section 382.202, Health |
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and Safety Code, shall collect at the time of registration of the |
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motor vehicle the portion of the inspection fee that is required to |
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be remitted to the state. |
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(b) The Texas Department of Motor Vehicles or the county |
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assessor-collector shall remit the fee to the comptroller. |
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SECTION 13. This Act takes effect September 1, 2023. |