BILL ANALYSIS

 

 

Senate Research Center

S.B. 1729

89R8428 JXC-D

By: Miles

 

Transportation

 

3/20/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 1729 is a cleanup bill to correct statutory discrepancies that exist due to conflict between two bills passed by the 88th Texas Legislature.

 

S.B. 2102, which passed in 2023, amended state law to allow new rental cars a third year on initial registration, a third year on the initial safety inspection, and a third year before an initial emissions inspection. The then-existing period for these items was two years for new cars. New rental cars often stay in a rental fleet longer than two years. The extra year was granted by the State of Texas to address the situation where a registration, safety inspection, or emissions inspection was due and a new registration sticker needed to be placed on the car. Rental cars are mobile and could be anywhere in the country when the registration or inspection is due, making it often impossible to ground the vehicle and replace the sticker. The extra year addressed this situation.

 

H.B. 3297, authored by Representative Harris, signed on June 13th, 2023, passed after S.B. 2102 and eliminated all vehicle safety inspections. Because H.B. 3297 did not reconcile the previously passed provisions of S.B. 2102, the result is that the provisions of S.B. 2102 relating to a three-year safety inspection of rental cars are still in statute although they do not apply because vehicle safety inspections are no longer required.

 

S.B. 1729 would repeal unnecessary statutory provisions regarding three-year safety inspection for rental cars and reconcile corresponding statutory references. Provisions of S.B. 2102 relating to three-year emissions and registration periods for rental cars still apply.

 

This bill draft also includes other statutory cleanup provisions necessary due to the repeal of vehicle safety inspections by H.B. 3297.

 

As proposed, S.B. 1729 amends current law relating to the registration and inspection of vehicles.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the Department of Public Safety of the State of Texas is rescinded in SECTION 8 of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Reenacts Section 382.0622(a), Health and Safety Code, as amended by Chapters 362 (S.B. 2102) and 851 (H.B. 3297), Acts of the 88th Legislature, Regular Session, 2023, and amends it, as follows:

 

(a) Provides that Clean Air Act fees consist of certain monies, including each amount designated by Section 548.510, Transportation Code, rather than described by certain subdivisions of that section for deposit to the credit of the clean air account.

 

Deletes existing text providing that Clean Air Act fees include $6 from the portion of each fee collected for an inspection of a vehicle and remitted to the state under Section 548.5035 (Initial Three-Year Inspection of Certain Rental Vehicles), Transportation Code.

 

SECTION 2. Amends Section 382.202(d-2), Health and Safety Code, as follows:

 

(d-2) Provides that, if approved by the United States Environmental Protection Agency as part of the state's air quality state implementation plan, the Department of Public Safety of the State of Texas (DPS) is required to provide under Subsection (d) (relating to requiring DPS to implement a system that requires a vehicle to be inspected) for a three-year emissions inspection period for a vehicle registered under Section 502.0026 (Extended Registration of Certain Rental Vehicles), Transportation Code. Requires the Public Safety Commission (commission) to establish and assess fees for an emissions inspection conducted under this section in amounts calculated to provide a certain revenue.

 

Deletes existing text providing that, 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) (relating to providing that the initial inspection period is three years for certain vehicles), Transportation Code, the system implemented by DPS under Subsection (d) is required to provide for a three-year emissions inspection period for a vehicle described by Section 548.1025(a), Transportation Code, and the commission is required to establish and assess feed for the emissions inspection of a vehicle described by Section 548.1025(a), Transportation Code, in amounts calculated to provide a certain revenue.

 

SECTION 3. Amends Section 502.0026(b), Transportation Code, to provide that payment for all applicable fees, including any optional fee imposed under Subchapter H (Inspection and Certification Fees) and other registration fees and the fee required by Section 548.510, rather than Section 548.5035, for the entire registration period is due at the time of registration.

 

SECTION 4. Amends Section 502.044, Transportation Code, by adding Subsection (a-1) and amending Subsection (e), as follows:

 

(a-1) Requires DPS, notwithstanding Subsection (a) (relating to requiring DPS to designate a vehicle registration year), to designate a vehicle registration period of 24 consecutive months to begin on the first day of a calendar month and end on the last day of the 24th calendar month for a passenger car or light truck that is sold in this state or purchased by a commercial fleet buyer described by Section 501.0234(b)(4) (relating to providing that certain provisions do not apply to a motor vehicle purchased by a commercial fleet buyer who meets certain requirements) for use in this state, has not been previously registered in this or another state, and on the date of sale is of the current or preceding model year.

 

(e) Makes a conforming and nonsubstantive change to this subsection.

 

SECTION 5. Reenacts the heading to Section 548.510, Transportation Code, as amended by Chapters 851 (H.B. 3297) and 999 (H.B. 198), Acts of the 88th Legislature, Regular Session, 2023, to read as follows:

 

Sec. 548.510. INSPECTION PROGRAM REPLACEMENT FEE.

 

SECTION 6. Reenacts Section 548.510(a), Transportation Code, as amended by Chapters 851 (H.B. 3297) and 999 (H.B. 198), Acts of the 88th Legislature, Regular Session, 2023, and amends it to delete existing text that created exceptions under Subsections (b) and (c) and to make a nonsubstantive change.

 

SECTION 7. Amends Section 548.510, Transportation Code, by amending Subsections (b) and (c) and adding Subsection (e-1), as follows:

 

(b) Requires an applicant, instead of the fee provided by Subsection (a) (relating to requiring an applicant for initial registration or renewal of certain vehicles to pay an annual fee), to pay a one-time fee of $16.75 if the application is for the initial registration of a passenger car or light truck under Section 502.044(a-1). Provides that an applicant who pays a fee under this subsection for a registration year is not required to pay a fee under Subsection (a) for the next registration year for the same vehicle. Deletes existing text requiring an applicant, instead of the fee provided by Subsection (a), to pay a one-time fee of $16.75 if the application is for the initial registration of a passenger car or light truck 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, has not been previously registered in this or another state, and on the date of sale is of the current model year or preceding model year. Makes a conforming change.

 

(c) Requires an applicant, instead of the fee provided by Subsection (a) or (b), to pay a one-time fee of $22.25 if the application is for the initial registration of a passenger car or light truck under Section 502.0026. Provides that an applicant who pays a fee under this subsection for a registration year is not required to pay a fee under Subsection (a) for the next two registration years for the same vehicle.

 

(e-1) Requires that each fee paid under Subsection (c) be deposited by the Comptroller of Public Accounts of the State of Texas after receipt under Section 548.509 (Collection of Fee During Registration) as follows: $16.25 to the credit of the Texas mobility fund and $6 to the credit of the clean air account.

 

SECTION 8. Repealers: Sections 548.051(a) (relating to requiring certain vehicles or vehicle accessories to have certain items inspected) and (c) (relating to providing that an electric powered vehicle without a combustion engine is exempt from emissions and exhaust inspection requirements), Transportation Code.

 

Repealers: Sections 548.052 (Vehicles Not Subject to Inspection) and 548.054 (Inspection of Certain Travel Trailers by Owners), Transportation Code.

 

Repealers: Sections 548.1025 (Three-Year Initial Inspection Period for Certain Rental Vehicles) and 548.5035 (Initial Three-Year Inspection of Certain Rental Vehicles), Transportation Code.

 

Repealers: Sections 548.104(d) (relating to prohibiting certain inspection entities from issuing a passing vehicle inspection report for a vehicle equipped with certain alterations) and 548.501(a) (relating to providing that the fee for inspection of a motor vehicle other than a moped is a certain amount), Transportation Code.

 

SECTION 9. Effective date: September 1, 2025.