By: Miles S.B. No. 2102
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the initial registration and inspection period for
  certain rental vehicles; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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 Sections 548.501 and 548.503, Transportation Code;
               (3)  $6 from the portion of each fee collected for an
  inspection of a vehicle and remitted to the state under Section
  548.5035, Transportation Code; and
               (4) [(3)]  fees collected that are required under
  Section 185 of the federal Clean Air Act (42 U.S.C. Section 7511d).
         SECTION 2.  Section 382.202, Health and Safety Code, is
  amended by amending Subsection (d) and adding Subsection (d-2) to
  read as follows:
         (d)  Except as provided by Subsection (d-2), on [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 of
  that chapter, that 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.
         (d-2)  If the state's air quality state implementation plan
  provides for a three-year emissions inspection period for a vehicle
  described by Section 548.1025(a), Transportation Code:
               (1)  the system implemented by the Department of Public
  Safety of the State of Texas under Subsection (d) shall provide for
  a three-year emissions inspection period for a vehicle described by
  Section 548.1025(a), Transportation Code; and
               (2)  the commission shall establish and assess fees for
  the emissions inspection of a vehicle described by Section
  548.1025(a), Transportation Code, in amounts calculated to provide
  the same revenue that would be provided if the vehicle was inspected
  annually or biennially.
         SECTION 3.  Subchapter A, Chapter 502, Transportation Code,
  is amended by adding Section 502.0026 to read as follows:
         Sec. 502.0026.  EXTENDED REGISTRATION OF CERTAIN RENTAL
  VEHICLES. (a)  Notwithstanding Section 502.044, the initial
  registration period is three years for a passenger car or light
  truck:
               (1)  that is sold in this state or purchased by a
  commercial fleet buyer described by Section 501.0234(b)(4) for use
  in this state;
               (2)  that has not been previously registered in this or
  another state;
               (3)  that on the date of sale is of the current or
  preceding model year; and 
               (4)  for which a rental certificate has been furnished
  as described by Section 152.061(b), Tax Code.
         (b)  Payment for all applicable fees, including any optional
  fee imposed under Subchapter H and other registration fees and the
  fee required by Section 548.5035, for the entire registration
  period is due at the time of registration.
         SECTION 4.  Subchapter C, Chapter 548, Transportation Code,
  is amended by adding Section 548.1025 to read as follows:
         Sec. 548.1025.  THREE-YEAR INITIAL INSPECTION PERIOD FOR
  CERTAIN RENTAL VEHICLES.  (a)  Notwithstanding any other law, the
  initial inspection period is three years for a passenger car or
  light truck:
               (1)  that is sold in this state or purchased by a
  commercial fleet buyer described by Section 501.0234(b)(4) for use
  in this state;
               (2)  that has not been previously registered in this or
  another state;
               (3)  that on the date of sale is of the current or
  preceding model year; and 
               (4)  for which a rental certificate has been furnished
  as described by Section 152.061(b), Tax Code.
         (b)  This section does not affect a requirement that a motor
  vehicle emissions 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 5.  Section 548.501(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Sections 548.503, 548.5035, 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 6.  Subchapter H, Chapter 548, Transportation Code,
  is amended by adding Section 548.5035 to read as follows:
         Sec. 548.5035.  INITIAL THREE-YEAR INSPECTION OF CERTAIN
  RENTAL VEHICLES.  (a)  The fee for inspection of a passenger car or
  light truck under Section 548.1025 shall be set by the department by
  rule on or before September 1 of each year.
         (b)  A fee set by the department under this section must:
               (1)  be based on the costs of providing inspections and
  administering the program; and
               (2)  be calculated to ensure that the state receives at
  least the same amount of revenue from the fee over a three-year
  period that the state would have received if the vehicle was subject
  to Section 548.102.
         (c)  The department by rule shall establish the amount of the
  fee for an inspection under this section that shall be remitted to
  the state under Section 548.509.
         SECTION 7.  (a)  As soon as practicable in the Texas
  Commission on Environmental Quality's ordinary course of business,
  the commission shall submit for the approval of the United States
  Environmental Protection Agency a revision of the state's air
  quality state implementation plan to provide for a three-year
  emissions inspection period for a vehicle described by Section
  548.1025(a), Transportation Code, as added by this Act.
         (b)  On the approval of a revision to the state's air quality
  state implementation plan described by Subsection (a) of this
  section, rules and processes necessary to implement and administer
  the revised plan shall be adopted by:
               (1)  the Texas Commission on Environmental Quality; and
               (2)  the Public Safety Commission.
         SECTION 8.  This Act takes effect September 1, 2023.