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A BILL TO BE ENTITLED
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AN ACT
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relating to the elimination of regular mandatory vehicle safety |
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inspections for noncommercial vehicles and the imposition of |
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replacement fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0622(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Clean Air Act fees consist of: |
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(1) fees collected by the commission under Sections |
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382.062, 382.0621, 382.202, and 382.302 and as otherwise provided |
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by law; |
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(2) each amount described by Sections 548.510(d)(3) |
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and (e)(3) [$2 from the portion of each fee collected for |
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inspections of vehicles other than mopeds and remitted to the state |
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under Sections 548.501 and 548.503], Transportation Code; and |
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(3) fees collected that are required under Section 185 |
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of the federal Clean Air Act (42 U.S.C. Section 7511d). |
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SECTION 2. Section 382.202, Health and Safety Code, is |
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amended by amending Subsection (d) and adding Subsection (e-1) to |
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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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(e-1) The portion of a fee imposed under Subsection (e) that |
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is not authorized to be retained by an inspection station must be |
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collected as provided by Section 548.509, Transportation Code. |
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SECTION 3. Section 382.203(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The Department of Public Safety of the State of Texas by |
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rule may waive program requirements, in accordance with standards |
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adopted by the commission, for certain vehicles and vehicle owners, |
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including: |
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(1) the registered owner of a vehicle who cannot |
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afford to comply with the program, based on reasonable income |
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standards; |
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(2) a vehicle that cannot be brought into compliance |
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with emissions standards by performing repairs; |
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(3) a vehicle: |
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(A) on which at least $100 has been spent to bring |
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the vehicle into compliance; and |
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(B) that the department[: |
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[(i)] can verify is driven an average of |
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less than 5,000 miles each year [was driven fewer than 5,000 miles |
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since the last safety inspection; and |
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[(ii) reasonably determines will be driven |
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fewer than 5,000 miles during the period before the next safety |
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inspection is required]; and |
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(4) a vehicle for which parts are not readily |
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available. |
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SECTION 4. Section 502.0024, Transportation Code, is |
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amended to read as follows: |
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Sec. 502.0024. EXTENDED REGISTRATION OF CERTAIN TRAILERS |
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[VEHICLES NOT SUBJECT TO INSPECTION]. (a) Notwithstanding Section |
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502.044(c), the department shall develop and implement a system of |
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registration to allow an owner of a trailer, semitrailer, or pole |
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trailer having an actual gross weight or registered gross weight of |
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7,500 pounds or less [vehicle described by Section 548.052(3) other |
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than a mobile home] to register the vehicle for an extended |
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registration period of not more than five years. The owner may |
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select the number of years for registration under this section |
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within that range and register the vehicle for that period. Payment |
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for all applicable fees, including any optional fee imposed under |
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Subchapter H and other registration fees and the fee required by |
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Section 548.510, for the entire registration period selected is due |
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at the time of registration. |
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(b) The fee required by Section 548.510 shall be remitted to |
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the comptroller for deposit in the Texas mobility fund, the general |
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revenue fund, and the clean air account in amounts proportionate to |
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the allocation prescribed by Subsection (d) [(b)] of that section. |
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(c) The fees imposed under Subchapter H shall be collected |
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and remitted as prescribed by that subchapter. |
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SECTION 5. Sections 502.0025(d) and (e), Transportation |
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Code, are amended to read as follows: |
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(d) A motor vehicle, semitrailer, or trailer registered |
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under this section is subject to any applicable [the] inspection |
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requirements of Chapter 548 as if the vehicle, semitrailer, or |
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trailer were registered without an extended registration period. |
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(e) The department shall adopt rules to implement this |
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section, including rules: |
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(1) regarding the suspension of an exempt county |
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fleet's registration under this section if the owner of the exempt |
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county fleet fails to comply with this section or rules adopted |
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under this section; and |
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(2) establishing a method to enforce applicable [the] |
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inspection requirements of Chapter 548 for motor vehicles, |
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semitrailers, and trailers registered under this section. |
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SECTION 6. Section 502.047(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Chapter 548, the department and |
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the Department of Public Safety shall ensure compliance with [the] |
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motor vehicle inspection requirements under Chapter 548[, |
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including compliance with the motor vehicle emissions inspection |
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and maintenance program under Subchapter F of that chapter,] |
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through a vehicle registration-based enforcement system. |
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SECTION 7. 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 |
|
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 8. Section 502.094(e), Transportation Code, is |
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amended to read as follows: |
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(e) A vehicle issued a permit under this section is subject |
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to [Subchapters B and F,] Chapter 548, unless the vehicle: |
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(1) is registered in another state of the United |
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States, in a province of Canada, or in a state of the United Mexican |
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States; or |
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(2) is mobile drilling or servicing equipment used in |
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the production of gas, crude petroleum, or oil, including a mobile |
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crane or hoisting equipment, mobile lift equipment, forklift, or |
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tug. |
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SECTION 9. Section 502.146(d), Transportation Code, is |
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amended to read as follows: |
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(d) A vehicle described by Subsection (b) is exempt from the |
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inspection requirements of Subchapter [Subchapters B and] F, |
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Chapter 548. |
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SECTION 10. Section 547.601, Transportation Code, is |
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amended to read as follows: |
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Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle |
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[required by Chapter 548 to be inspected] shall be equipped with: |
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(1) front safety belts if safety belt anchorages were |
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part of the manufacturer's original equipment on the vehicle; or |
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(2) for a motor vehicle that is an assembled vehicle, |
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as defined by Section 731.001, front safety belts in vehicles that |
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contain safety belt anchorages. |
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SECTION 11. The heading to Chapter 548, Transportation |
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Code, is amended to read as follows: |
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CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES |
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SECTION 12. Section 548.001(10), Transportation Code, is |
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amended to read as follows: |
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(10) "Vehicle inspection report" means a report issued |
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by an inspector or an inspection station for a vehicle that |
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indicates whether the vehicle has passed an inspection [the safety |
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and, if applicable, emissions inspections] required by this |
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chapter. |
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SECTION 13. Section 548.006(b), Transportation Code, is |
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amended to read as follows: |
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(b) The members of the commission shall appoint seven |
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members of the committee as follows: |
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(1) four persons to represent inspection station |
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owners and operators[, with two of those persons from counties |
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conducting vehicle emissions testing under Subchapter F and two of |
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those persons from counties conducting safety only inspections]; |
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(2) one person to represent manufacturers of motor |
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vehicle emissions inspection devices; |
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(3) one person to represent independent vehicle |
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equipment repair technicians; and |
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(4) one person to represent the public interest. |
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SECTION 14. Section 548.053, Transportation Code, is |
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transferred to Subchapter E, Chapter 548, Transportation Code, |
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redesignated as Section 548.255, Transportation Code, and amended |
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to read as follows: |
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Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING |
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ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection |
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discloses the necessity for adjustment, correction, or repair, an |
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inspection station or inspector may not issue a passing vehicle |
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inspection report until the adjustment, correction, or repair is |
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made. The owner of the vehicle may have the adjustment, correction, |
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or repair made by a qualified person of the owner's choice, subject |
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to reinspection. The vehicle shall be reinspected once free of |
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charge within 15 days after the date of the original inspection, not |
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including the date the original inspection is made, at the same |
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inspection station after the adjustment, correction, or repair is |
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made. |
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[(b) A vehicle that is inspected and is subsequently |
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involved in an accident affecting the safe operation of an item of |
|
inspection must be reinspected following repair. The reinspection |
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must be at an inspection station and shall be treated and charged as |
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an initial inspection.] |
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SECTION 15. Section 548.105, Transportation Code, is |
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transferred to Subchapter E, Chapter 548, Transportation Code, and |
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redesignated as Section 548.2521, Transportation Code, to read as |
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follows: |
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Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL |
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RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE |
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INSPECTION REPORT. (a) An inspection station or inspector may not |
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issue a passing vehicle inspection report for a vehicle unless the |
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owner or operator furnishes evidence of financial responsibility at |
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the time of inspection. Evidence of financial responsibility may |
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be shown in the manner specified under Section 601.053(a). A |
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personal automobile insurance policy used as evidence of financial |
|
responsibility must be written for a term of 30 days or more as |
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required by Section 1952.054, Insurance Code. |
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(b) An inspection station is not liable to a person, |
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including a third party, for issuing a passing vehicle inspection |
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report in reliance on evidence of financial responsibility |
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furnished to the station. An inspection station that is the seller |
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of a motor vehicle may rely on an oral insurance binder. |
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SECTION 16. Sections 548.203(a) and (b), Transportation |
|
Code, are amended to read as follows: |
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(a) The commission by rule may exempt a type of commercial |
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motor vehicle from the application of this subchapter if the |
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vehicle: |
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(1) was manufactured before September 1, 1995; |
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(2) is operated only temporarily on a highway of this |
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state and at a speed of less than 30 miles per hour; and |
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(3) complies with [Section 548.051 and] each |
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applicable provision in Title 49, Code of Federal Regulations. |
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(b) A [Notwithstanding Subchapter B, a] commercial motor |
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vehicle is not subject to the inspection requirements of this |
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chapter if the vehicle: |
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(1) is not domiciled in this state; |
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(2) is registered in this state or under the |
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International Registration Plan as authorized by Section 502.091; |
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and |
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(3) has been issued a certificate of inspection in |
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compliance with federal motor carrier safety regulations. |
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SECTION 17. Subchapter E, Chapter 548, Transportation Code, |
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is amended by adding Section 548.257 to read as follows: |
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Sec. 548.257. 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 |
|
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 |
|
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 |
|
regulations. |
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SECTION 18. Section 548.505(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department by rule may impose an inspection fee for |
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a vehicle inspected under Section 548.301(a) in addition to a fee |
|
adopted under Section 382.202, Health and Safety Code [the fee |
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provided by Section 548.501, 548.502, 548.503, or 548.504]. A fee |
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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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SECTION 19. 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 |
|
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 20. 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 |
|
assessor-collector that registers a motor vehicle that is subject |
|
to an inspection fee under this chapter or Section 382.202, Health |
|
and Safety Code, or a replacement fee under Section 548.510 of this |
|
code shall collect at the time of registration of the motor vehicle |
|
the portion of the inspection fee that is required to be remitted to |
|
the state. |
|
(b) The Texas Department of Motor Vehicles or the county |
|
assessor-collector shall remit the fee to the comptroller. |
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SECTION 21. Section 548.510, Transportation Code, is |
|
amended to read as follows: |
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Sec. 548.510. INSPECTION PROGRAM REPLACEMENT FEE [FOR |
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CERTAIN VEHICLES NOT SUBJECT TO INSPECTION; COLLECTION OF FEE |
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DURING REGISTRATION]. (a) Except as provided by Subsections (b) |
|
and (c), in addition to other fees imposed at the time of |
|
registration, at the time of application for initial registration |
|
or renewal of registration of a motor vehicle, trailer, |
|
semitrailer, pole trailer, or mobile home, the applicant shall pay |
|
an annual fee of $7.50. |
|
(b) Instead of the fee provided by Subsection (a), an |
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applicant shall pay a one-time fee of $16.75 if the application is |
|
for the initial registration of a passenger car or light truck that: |
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(1) is sold in this state or purchased by a commercial |
|
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 |
|
another state; and |
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(3) on the date of sale is of the current model year or |
|
preceding model year. |
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(c) An applicant who pays a fee under Subsection (b) for a |
|
registration year is not required to pay a fee under Subsection (a) |
|
for the next registration year for the same vehicle. |
|
(d) [A vehicle described by Section 548.052(3) that has an |
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actual gross weight or registered gross weight of more than 4,500 |
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pounds is subject to a fee in the amount of $7.50. |
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[(b) The Texas Department of Motor Vehicles or a county |
|
assessor-collector that registers a vehicle described by |
|
Subsection (a) shall collect at the time of registration of the |
|
vehicle the fee prescribed by Subsection (a). The Texas Department |
|
of Motor Vehicles or the county assessor-collector, as applicable, |
|
shall remit the fee to the comptroller.] Each fee paid [remitted to |
|
the comptroller] under Subsection (a) [this section] shall be |
|
deposited by the comptroller after receipt under Section 548.509 as |
|
follows: |
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(1) $3.50 to the credit of the Texas mobility fund; |
|
(2) $2 to the credit of the general revenue fund; and |
|
(3) $2 to the credit of the clean air account. |
|
(e) Each fee paid under Subsection (b) shall be deposited by |
|
the comptroller after receipt under Section 548.509 as follows: |
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(1) $12.75 to the credit of the Texas mobility fund; |
|
(2) $2 to the credit of the general revenue fund; and |
|
(3) $2 to the credit of the clean air account. |
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(f) A [(c) The] fee collected under this section |
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[Subsection (a)] is not a motor vehicle registration fee and the |
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revenue collected from the fee is not required to be used for a |
|
purpose specified by Section 7-a, Article VIII, Texas Constitution. |
|
SECTION 22. Subchapter H, Chapter 548, Transportation Code, |
|
is amended by adding Section 548.511 to read as follows: |
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Sec. 548.511. VEHICLES NOT SUBJECT TO INSPECTION PROGRAM |
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REPLACEMENT FEE. Section 548.510 does not apply to: |
|
(1) a vehicle that is being registered under the |
|
International Registration Plan as authorized by Section 502.091; |
|
(2) a token trailer that is being registered under |
|
Section 502.255, including a token trailer that is being registered |
|
for an extended period under Section 502.0023; |
|
(3) a vehicle that is issued a permit under Section |
|
502.094 and is described by Section 502.094(e)(1) or (2); |
|
(4) a former military vehicle that is issued a |
|
specialty license plate under Section 504.502; |
|
(5) a log loader vehicle that is issued a specialty |
|
license plate under Section 504.506; |
|
(6) farm machinery, road-building equipment, a farm |
|
trailer, or a vehicle required to display a slow-moving-vehicle |
|
emblem under Section 547.703; |
|
(7) a commercial motor vehicle that is required to be |
|
inspected under Subchapter D or that is subject to fees under |
|
Section 548.203(c); |
|
(8) a vehicle that is being registered under Section |
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548.256(b); |
|
(9) a neighborhood electric vehicle, as defined by |
|
Section 551.301; |
|
(10) a trailer, semitrailer, pole trailer, or mobile |
|
home that: |
|
(A) has an actual gross weight or registered |
|
gross weight of 4,500 pounds or less; or |
|
(B) will move under or bear a factory-delivery |
|
license plate or in-transit license plate; |
|
(11) a vehicle that will move under or bear 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; or |
|
(12) a vehicle qualified for a tax exemption under |
|
Section 152.092, Tax Code. |
|
SECTION 23. Section 548.603(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) presents to an official of this state or a |
|
political subdivision of this state a vehicle inspection report or |
|
insurance document knowing that the report or document is |
|
counterfeit, tampered with, altered, fictitious, issued for |
|
another vehicle, issued for a vehicle failing to meet all emissions |
|
inspection requirements, or issued in violation of: |
|
(A) this chapter, rules adopted under this |
|
chapter, or other law of this state; or |
|
(B) a law of another state, the United States, |
|
the United Mexican States, a state of the United Mexican States, |
|
Canada, or a province of Canada; or |
|
(2) [with intent to circumvent the emissions |
|
inspection requirements seeks an inspection of a vehicle at a |
|
station not certified to perform an emissions inspection if the |
|
person knows that the vehicle is required to be inspected under |
|
Section 548.301; or |
|
[(3)] knowingly does not comply with an emissions |
|
inspection requirement for a vehicle. |
|
SECTION 24. Section 548.604(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person operates or |
|
moves a motor vehicle, trailer, semitrailer, pole trailer, or |
|
mobile home, or a combination of those vehicles, that is[: |
|
[(1)] equipped in violation of this chapter or a rule |
|
adopted under this chapter[; or |
|
[(2) in a mechanical condition that endangers a |
|
person, including the operator or an occupant, or property]. |
|
SECTION 25. Section 731.101(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) In addition to any [the] inspection required under |
|
Chapter 548, an assembled vehicle must pass an inspection conducted |
|
by a master technician for the type of assembled vehicle being |
|
inspected. The inspection must be conducted before issuance of a |
|
title for the assembled vehicle. |
|
SECTION 26. The following provisions of the Transportation |
|
Code are repealed: |
|
(1) the heading to Subchapter B, Chapter 548; |
|
(2) Sections 548.051 and 548.052; |
|
(3) the heading to Subchapter C, Chapter 548; |
|
(4) Sections 548.101, 548.102, 548.103, and 548.104; |
|
(5) Sections 548.301(d) and 548.3045(b); and |
|
(6) Sections 548.501, 548.502, and 548.503. |
|
SECTION 27. Not later than January 1, 2025, the Department |
|
of Public Safety shall submit to the lieutenant governor and the |
|
speaker of the house of representatives a report on changes in the |
|
department's expenses and income that result from implementing the |
|
changes in law required by this Act, including the increase or |
|
decrease, if any, of the number of full-time equivalent employees |
|
needed to administer Chapters 547 and 548, Transportation Code, |
|
between September 1, 2023, and the date the report is prepared. |
|
SECTION 28. 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 29. This Act takes effect September 1, 2023. |