H.B. No. 2305
 
 
 
 
AN ACT
  relating to motor vehicle inspections; creating an offense;
  changing the collection method for certain fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 548.104, Transportation Code, is amended
  to read as follows:
         Sec. 548.104.  EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE
  OF PASSING VEHICLE INSPECTION REPORT [CERTIFICATE]. (a)  The
  commission shall adopt uniform standards of safety applicable to
  each item required to be inspected by Section 548.051. The
  standards and the list of items to be inspected shall be posted in
  each inspection station.
         (b)  An inspection station or inspector may issue a passing
  vehicle [an] inspection report [certificate] only if the vehicle is
  inspected and found to be in proper and safe condition and to comply
  with this chapter and the rules adopted under this chapter.
         (c)  An inspection station or inspector may inspect only the
  equipment required to be inspected by Section 548.051 and may not:
               (1)  falsely and fraudulently represent to an applicant
  that equipment required to be inspected must be repaired, adjusted,
  or replaced before the vehicle will pass inspection; or
               (2)  require an applicant to have another part of the
  vehicle or other equipment inspected as a prerequisite for issuance
  of a passing vehicle [an] inspection report [certificate].
         (d)  An inspection station or inspector may not issue a
  passing vehicle [an] inspection report [certificate] for a vehicle
  equipped with:
               (1)  a carburetion device permitting the use of
  liquefied gas alone or interchangeably with another fuel, unless a
  valid liquefied gas tax decal issued by the comptroller is attached
  to the lower right-hand corner of the front windshield of the
  vehicle on the passenger side; [or]
               (2)  a sunscreening device prohibited by Section
  547.613, except that the department by rule shall provide
  procedures for issuance of a passing vehicle [an] inspection report 
  [certificate] for a vehicle exempt under Section 547.613(c); or
               (3)  a compressed natural gas container unless the
  owner demonstrates in accordance with department rules proof:
                     (A)  that:
                           (i)  the container has met the inspection
  requirements under 49 C.F.R. Section 571.304; and
                           (ii)  the manufacturer's recommended service
  life for the container, as stated on the container label required by
  49 C.F.R. Section 571.304, has not expired; or
                     (B)  that the vehicle is a fleet vehicle for which
  the fleet operator employs a technician certified to inspect the
  container.
         (e)  The department shall adopt rules relating to inspection
  of and issuance of a vehicle [an] inspection report [certificate]
  for a moped.
         SECTION 2.  Article 45.003, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.003.  DEFINITION FOR CERTAIN PROSECUTIONS. For
  purposes of dismissing a charge under Section 502.407 [or 548.605],
  Transportation Code, "day" does not include Saturday, Sunday, or a
  legal holiday.
         SECTION 3.  Section 51.207(d), Education Code, is amended to
  read as follows:
         (d)  This subsection applies only to a public institution of
  higher education campus that is not covered by Subsection (b).  The
  institution may not issue a permit to a student of the institution
  for driving or parking a motor vehicle on institutional property
  unless the institution provides written notice to the student that
  failure to register the vehicle in this state [or to display a
  current and appropriate inspection certificate issued under
  Chapter 548, Transportation Code,] may violate state law if the
  owner of the vehicle resides in this state.
         SECTION 4.  Section 103.0213, Government Code, is amended to
  read as follows:
         Sec. 103.0213.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES:  TRANSPORTATION CODE. An accused or defendant, or a
  party to a civil suit, as applicable, shall pay the following fees
  and costs under the Transportation Code if ordered by the court or
  otherwise required:
               (1)  administrative fee on dismissal of charge of
  driving with an expired motor vehicle registration (Sec. 502.407,
  Transportation Code) . . . not to exceed $20;
               (2)  administrative fee on dismissal of charge of
  driving with an expired driver's license (Sec. 521.026,
  Transportation Code) . . . not to exceed $20;
               (3)  [administrative fee on remediation of charge of
  driving with an expired inspection certificate (Sec. 548.605,
  Transportation Code) .   .   . not to exceed $20;
               [(4)]  administrative fee for failure to appear for a
  complaint or citation on certain offenses (Sec. 706.006,
  Transportation Code) . . . $30 for each violation; and
               (4) [(5)]  administrative fee for failure to pay or
  satisfy certain judgments (Sec. 706.006, Transportation Code)
  . . . $30.
         SECTION 5.  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 of each fee [advance payment] collected for
  inspections of [by the Department of Public Safety for inspection
  certificates for] vehicles other than mopeds under Section 548.501,
  Transportation Code; and
               (3)  fees collected that are required under Section 185
  of the federal Clean Air Act (42 U.S.C. Section 7511d).
         SECTION 6.  Sections 382.202(d) and (l), Health and Safety
  Code, are amended to read as follows:
         (d)  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 [safety] inspection report [certificate] 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.
         (l)  Except as provided by this subsection, a person who
  sells or transfers ownership of a motor vehicle for which a passing
  vehicle [emissions] inspection report [certificate] has been
  issued is not liable for the cost of emission control system repairs
  that are required for the vehicle subsequently to receive a passing
  report [an emissions inspection certificate]. This subsection does
  not apply to repairs that are required because emission control
  equipment or devices on the vehicle were removed or tampered with
  before the sale or transfer of the vehicle.
         SECTION 7.  Section 382.205(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The Department of Public Safety of the State of Texas by
  rule shall adopt:
               (1)  testing procedures in accordance with motor
  vehicle emissions testing equipment specifications; and
               (2)  procedures for issuing a vehicle [or denying an
  emissions] inspection report following an emissions inspection and
  submitting information to the inspection database described by
  Section 548.251, Transportation Code, following an emissions
  inspection [certificate].
         SECTION 8.  Sections 382.220(b) and (d), Health and Safety
  Code, are amended to read as follows:
         (b)  A program under this section must be implemented in
  consultation with the commission and may include a program to:
               (1)  expand and enhance the AirCheck Texas Repair and
  Replacement Assistance Program;
               (2)  develop and implement programs or systems that
  remotely determine vehicle emissions and notify the vehicle's
  operator;
               (3)  develop and implement projects to implement the
  commission's smoking vehicle program;
               (4)  develop and implement projects in consultation
  with the director of the Department of Public Safety for
  coordinating with local law enforcement officials to reduce the use
  of counterfeit registration insignia and vehicle inspection
  reports [state inspection stickers] by providing local law
  enforcement officials with funds to identify vehicles with
  counterfeit registration insignia and vehicle inspection reports 
  [state inspection stickers] and to carry out appropriate actions;
               (5)  develop and implement programs to enhance
  transportation system improvements; or
               (6)  develop and implement new air control strategies
  designed to assist local areas in complying with state and federal
  air quality rules and regulations.
         (d)  Fees collected under Sections 382.202 and 382.302 may be
  used, in an amount not to exceed $5 million per fiscal year, for
  projects described by Subsection (b).  The fees shall be made
  available only to counties participating in the low-income vehicle
  repair assistance, retrofit, and accelerated vehicle retirement
  programs created under Section 382.209 and only on a matching
  basis, whereby the commission provides money to a county in the same
  amount that the county dedicates to a project authorized by
  Subsection (b).  The commission may reduce the match requirement
  for a county that proposes to develop and implement independent
  test facility fraud detection programs, including the use of remote
  sensing technology for coordinating with law enforcement officials
  to detect, prevent, and prosecute the use of counterfeit
  registration insignia and vehicle inspection reports [state
  inspection stickers].
         SECTION 9.  Sections 2308.253(d) and (e), Occupations Code,
  are amended to read as follows:
         (d)  Except as provided by a contract described by Subsection
  (e), a parking facility owner may not have a vehicle removed from
  the parking facility merely because the vehicle does not display[:
               [(1)]  an unexpired license plate or registration
  insignia issued for the vehicle under Chapter 502, Transportation
  Code, or the vehicle registration law of another state or country[;
  or
               [(2)     a valid vehicle inspection certificate issued
  under Chapter 548, Transportation Code, or the vehicle inspection
  law of another state or country].
         (e)  A contract provision providing for the removal from a
  parking facility of a vehicle that does not display an unexpired
  license plate or registration insignia [or a valid inspection
  certificate] is valid only if the provision requires the owner or
  operator of the vehicle to be given at least 10 days' written notice
  that the vehicle will be towed from the facility at the vehicle
  owner's or operator's expense if it is not removed from the parking
  facility.  The notice must be:
               (1)  delivered in person to the owner or operator of the
  vehicle; or
               (2)  sent by certified mail, return receipt requested,
  to that owner or operator.
         SECTION 10.  Section 501.030(a), Transportation Code, is
  amended to read as follows:
         (a)  Before a motor vehicle that was last registered or
  titled in another state or country may be titled in this state, [the
  applicant must furnish] the county assessor-collector shall verify
  that the vehicle has passed the inspections required by Chapter
  548, as indicated in the Department of Public Safety's inspection
  database under Section 548.251 [with a verification form under
  Section 548.256].
         SECTION 11.  Section 502.0023, Transportation Code, is
  amended by adding Subsection (j) to read as follows:
         (j)  A motor vehicle, semitrailer, or trailer registered
  under this section is subject to the inspection requirements of
  Chapter 548 as if the vehicle, semitrailer, or trailer were
  registered without extended registration.  The department and the
  Department of Public Safety shall by rule establish a method to
  enforce the inspection requirements of Chapter 548 for motor
  vehicles, semitrailers, and trailers registered under this
  section. The department may assess a fee to cover the department's
  administrative costs of implementing this subsection.
         SECTION 12.  Section 502.047, Transportation Code, is
  amended to read as follows:
         Sec. 502.047.  REGISTRATION-BASED ENFORCEMENT OF MOTOR
  VEHICLE [EMISSIONS] INSPECTION [AND MAINTENANCE] REQUIREMENTS.
  (a)  The department and the Department of Public Safety shall
  ensure compliance with the motor vehicle inspection requirements
  under Chapter 548, including compliance with the motor vehicle
  emissions inspection and maintenance program under Subchapter F of
  that chapter, through a vehicle registration-based enforcement
  system [inspection sticker-based enforcement system except as
  provided by this section or Section 548.3011. Subsections (b)-(e)
  apply only if the United States Environmental Protection Agency
  determines that the state has not demonstrated, as required by 40
  C.F.R. Section 51.361, that sticker-based enforcement of the
  program is more effective than registration-based enforcement and
  gives the Texas Commission on Environmental Quality or the governor
  written notification that the reregistration-based enforcement of
  the program, as described by those subsections, will be required.
  If Subsections (b)-(e) are made applicable as provided by this
  subsection, the department shall terminate reregistration-based
  enforcement of the program under those subsections on the date the
  United States Environmental Protection Agency gives the Texas
  Commission on Environmental Quality or a person the commission
  designates written notification that reregistration-based
  enforcement is not required for the state implementation plan].
         (b)  A motor vehicle may not be registered if the department
  receives from the Texas Commission on Environmental Quality or the
  Department of Public Safety notification that the registered owner
  of the vehicle has not complied with [Subchapter F,] Chapter 548.
         (c)  A motor vehicle may not be registered if the vehicle was
  denied registration under Subsection (b) unless verification is
  received that the registered vehicle owner is in compliance with
  [Subchapter F,] Chapter 548.
         (d)  The department and the Department of Public Safety shall
  enter into an agreement regarding the timely submission by the
  Department of Public Safety of inspection compliance information to
  the department.
         (d-1)  The department, the Texas Commission on Environmental
  Quality, and the Department of Public Safety shall enter an
  agreement regarding the responsibilities for costs associated with
  implementing this section.
         (e)  A county tax assessor-collector is not liable to any
  person for refusing to register a motor vehicle because of the
  person's failure to provide verification of the person's compliance
  with [Subchapter F,] Chapter 548.
         SECTION 13.  Section 502.059(c), Transportation Code, is
  amended to read as follows:
         (c)  Except as provided by Subsection (f), the registration
  insignia for validation of a license plate shall be attached to the
  inside of the vehicle's windshield, if the vehicle has a
  windshield, in the lower left corner in a manner that will not
  obstruct the vision of the driver [within six inches of the place
  where the motor vehicle inspection sticker is required to be
  placed].  If the vehicle does not have a windshield, the owner, when
  applying for registration or renewal of registration, shall notify
  the department, and the department shall issue a distinctive device
  for attachment to the rear license plate of the vehicle.
         SECTION 14.  The heading to Section 521.3465, Transportation
  Code, is amended to read as follows:
         Sec. 521.3465.  AUTOMATIC SUSPENSION ON CONVICTION OF
  CERTAIN OFFENSES INVOLVING FICTITIOUS MOTOR VEHICLE LICENSE
  PLATES, REGISTRATION INSIGNIA, OR VEHICLE [SAFETY] INSPECTION 
  REPORTS [CERTIFICATES].
         SECTION 15.  Section 521.3465(a), Transportation Code, is
  amended to read as follows:
         (a)  A license is automatically suspended on final
  conviction of the license holder of:
               (1)  an offense under Section 502.475(a)(4) 
  [502.409(a)(4)]; or
               (2)  an offense under Section 548.603(a)(1) that
  involves a fictitious vehicle [safety] inspection report 
  [certificate].
         SECTION 16.  Section 521.3466(a), Transportation Code, is
  amended to read as follows:
         (a)  A license is automatically revoked on final conviction
  of the license holder of an offense under Section 37.10, Penal Code,
  if the governmental record was a motor vehicle license plate or
  registration insignia, within the meaning of Chapter 502, or a
  vehicle [safety] inspection report [certificate], within the
  meaning of Chapter 548.
         SECTION 17.  Section 548.001, Transportation Code, is
  amended by adding Subdivision (10) to read as follows:
               (10)  "Vehicle inspection report" means a report issued
  by an inspector or an inspection station for a vehicle that
  indicates whether the vehicle has passed the safety and, if
  applicable, emissions inspections required by this chapter.
         SECTION 18.  Section 548.004(c), Transportation Code, is
  amended to read as follows:
         (c)  The facility may inspect only a vehicle owned by the
  political subdivision or state agency. [An officer, employee, or
  inspector of the subdivision or agency may not place an inspection
  certificate received from the department under this section on a
  vehicle not owned by the subdivision or agency.]
         SECTION 19.  Section 548.053(a), Transportation Code, is
  amended to read as follows:
         (a)  If an inspection discloses the necessity for
  adjustment, correction, or repair, an inspection station or
  inspector may not issue a passing vehicle inspection report [an
  inspection certificate] until the adjustment, correction, or
  repair is made. The owner of the vehicle may have the adjustment,
  correction, or repair made by a qualified person of the owner's
  choice, subject to reinspection. The vehicle shall be reinspected
  once free of charge within 15 days after the date of the original
  inspection, not including the date the original inspection is made,
  at the same inspection station after the adjustment, correction, or
  repair is made.
         SECTION 20.  The heading to Subchapter C, Chapter 548,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER C.  PERIODS OF INSPECTION; PREREQUISITES TO ISSUANCE OF
  PASSING VEHICLE INSPECTION REPORT [CERTIFICATE]
         SECTION 21.  Section 548.101, Transportation Code, is
  amended to read as follows:
         Sec. 548.101.  GENERAL ONE-YEAR INSPECTION PERIOD.  Except as
  provided by Section 548.102, the department shall require an annual
  inspection. The department shall set the periods of inspection and
  may make rules with respect to those periods.  The rules must provide
  that:
               (1)  a vehicle owner may obtain an inspection not
  earlier than 90 days before the date of expiration of the vehicle's
  registration; and
               (2)  a used motor vehicle sold by a dealer, as defined
  by Section 503.001, must be inspected in the 180 days preceding the
  date the dealer sells the vehicle.
         SECTION 22.  Section 548.103, Transportation Code, is
  amended to read as follows:
         Sec. 548.103.  EXTENDED INSPECTION PERIOD FOR CERTAIN
  VEHICLES. The department may extend the time within which the
  resident owner of a vehicle that is not in this state when an
  inspection is required must obtain a vehicle [an] inspection report 
  [certificate] in this state.
         SECTION 23.  Section 548.105, Transportation Code, is
  amended to read as follows:
         Sec. 548.105.  EVIDENCE OF FINANCIAL RESPONSIBILITY AS
  PREREQUISITE TO ISSUANCE OF PASSING VEHICLE INSPECTION REPORT 
  [CERTIFICATE]. (a)  An inspection station or inspector may not
  issue a passing vehicle [an] inspection report [certificate] for a
  vehicle unless the owner or operator furnishes evidence of
  financial responsibility at the time of inspection. Evidence of
  financial responsibility may be shown in the manner specified under
  Section 601.053(a). A personal automobile insurance policy used as
  evidence of financial responsibility must be written for a term of
  30 days or more as required by Section 1952.054 [Article 5.06],
  Insurance Code.
         (b)  An inspection station is not liable to a person,
  including a third party, for issuing a passing vehicle [an]
  inspection report [certificate] in reliance on evidence of
  financial responsibility furnished to the station. An inspection
  station that is the seller of a motor vehicle may rely on an oral
  insurance binder.
         SECTION 24.  The heading to Subchapter E, Chapter 548,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER E.  ISSUANCE[, RECORDING, AND PROOF] OF VEHICLE
  INSPECTION REPORTS; SUBMISSION OF INFORMATION TO DEPARTMENT
  DATABASE [CERTIFICATES AND VERIFICATION FORMS]
         SECTION 25.  Section 548.251, Transportation Code, is
  amended to read as follows:
         Sec. 548.251.  DEPARTMENT TO MAINTAIN DATABASE [PROVIDE
  INSPECTION CERTIFICATES AND VERIFICATION FORMS]. The department
  shall maintain an electronic database to which inspection stations
  may electronically submit the information required by Section
  548.253 [provide serially numbered inspection certificates and
  verification forms to inspection stations.   The department may
  issue a unique inspection certificate for:
               [(1)     a commercial motor vehicle inspected under
  Section 548.201; or
               [(2)  a vehicle inspected under Subchapter F].
         SECTION 26.  Section 548.252, Transportation Code, is
  amended to read as follows:
         Sec. 548.252.  ISSUANCE [SAFEKEEPING AND CONTROL] OF VEHICLE 
  INSPECTION REPORTS [CERTIFICATES AND VERIFICATION FORMS].  
  (a)  The department by rule shall require an inspection station to:
               (1)  issue a vehicle inspection report to the owner or
  operator of each vehicle inspected by the station; and
               (2)  issue a passing vehicle inspection report to the
  owner or operator of each vehicle inspected by the station that
  passes the inspections required by this chapter.
         (b)  The department may adopt rules regarding the issuance of
  vehicle inspection reports, including rules providing for [On being
  licensed, an inspector or owner of an inspection station shall:
               [(1)  provide for] the format and safekeeping of the
  reports [inspection certificates and verification forms;
               [(2)     safeguard the certificates and forms against
  theft, loss, or damage;
               [(3)     control the sequence of issuance of the
  certificates and forms; and
               [(4)     ensure that the certificates and forms are issued
  in accordance with department rules].
         SECTION 27.  Section 548.253, Transportation Code, is
  amended to read as follows:
         Sec. 548.253.  INFORMATION TO BE SUBMITTED [RECORDED] ON
  COMPLETION [ISSUANCE] OF INSPECTION [CERTIFICATE AND VERIFICATION
  FORM]. An inspection station or inspector, on completion of 
  [issuing] an inspection [certificate and verification form], shall
  electronically submit to the department's inspection database:
               (1)  the vehicle identification number of the inspected
  vehicle and an indication of whether the vehicle passed the
  inspections required by this chapter [make a record and report as
  prescribed by the department of the inspection and certificate
  issued]; and
               (2)  any additional [include in the inspection
  certificate and verification form the] information required by rule
  by the department for the type of vehicle inspected.
         SECTION 28.  Section 548.254, Transportation Code, is
  amended to read as follows:
         Sec. 548.254.  VALIDITY OF VEHICLE INSPECTION REPORT 
  [CERTIFICATE].  A vehicle [An] inspection report [certificate] is
  invalid after the end of the 12th month following the month in which
  the report [certificate] is issued.  [An unused inspection
  certificate representing a previous inspection period may not be
  issued after the beginning of the next period.]
         SECTION 29.  Section 548.256, Transportation Code, is
  amended to read as follows:
         Sec. 548.256.  PROOF OF INSPECTION [VERIFICATION FORM]
  REQUIRED TO REGISTER VEHICLE. [(a)]  Before a vehicle [that is
  brought into this state by a person other than a manufacturer or
  importer] may be registered, the Texas Department of Motor Vehicles
  or the county assessor-collector registering the vehicle shall
  verify that the vehicle has passed the inspections required by this
  chapter, as indicated in the department's inspection database.  If
  the database information is not available, the owner of the vehicle
  may present a vehicle inspection report issued for the vehicle[,
  the owner must have the vehicle inspected and have the inspection
  station record the following information on a verification form
  prescribed and provided by the department:
               [(1)  the vehicle identification number;
               [(2)     the number appearing on the odometer of the
  vehicle at the time of the inspection, if the vehicle has an
  odometer; and
               [(3)  other information the department requires].
         [(b)     An inspection station may not issue the verification
  form unless the vehicle complies with the inspection requirements
  of this chapter.]
         SECTION 30.  Section 548.258(b), Transportation Code, is
  amended to read as follows:
         (b)  The department may adopt rules to require an inspection
  station to use the state electronic Internet portal to[:
               [(1)  purchase inspection certificates; or
               [(2)]  send to the department a record, report, or
  other information required by the department.
         SECTION 31.  Section 548.301(c), Transportation Code, is
  amended to read as follows:
         (c)  A program established under this section must
  [Subsection (b) or (b-1) may] include registration and
  reregistration-based enforcement.
         SECTION 32.  Section 548.302, Transportation Code, is
  amended to read as follows:
         Sec. 548.302.  COMMISSION TO ADOPT STANDARDS AND
  REQUIREMENTS. The commission shall:
               (1)  adopt standards for emissions-related inspection
  criteria consistent with requirements of the United States and the
  conservation commission applicable to a county in which a program
  is established under this subchapter; and
               (2)  develop and impose requirements necessary to
  ensure that a passing vehicle [an] inspection report [certificate]
  is not issued to a vehicle subject to a program established under
  this subchapter and that information stating that a vehicle has
  passed an inspection is not submitted to the department's database 
  unless the vehicle has passed a motor vehicle emissions inspection
  at a facility authorized and certified by the department.
         SECTION 33.  Section 548.304, Transportation Code, is
  amended to read as follows:
         Sec. 548.304.  STATIONS LICENSED TO CONDUCT EMISSIONS
  INSPECTIONS. [(a)]  The department may authorize and certify
  inspection stations as necessary to implement the
  emissions-related inspection requirements of the motor vehicle
  emissions inspection and maintenance program established under
  this subchapter if the station meets the department's certification
  requirements.
         [(b)     The department shall provide inspection certificates
  for distribution and issuance at inspection stations certified by
  the department.]
         SECTION 34.  Section 548.401, Transportation Code, is
  amended to read as follows:
         Sec. 548.401.  CERTIFICATION GENERALLY. A person may
  perform an inspection, [or] issue a vehicle [an] inspection report,
  or submit inspection information to the department's inspection
  database [certificate] only if certified to do so by the department
  under rules adopted by the department.
         SECTION 35.  Section 548.407(d), Transportation Code, is
  amended to read as follows:
         (d)  The department may provide that a revocation or
  suspension takes effect on receipt of notice under Subsection (b)
  if the department finds that the action is necessary to prevent or
  remedy a threat to public health, safety, or welfare. Violations
  that present a threat to public health, safety, or welfare include:
               (1)  issuing a passing vehicle [an] inspection report
  or submitting inspection information to the department's database 
  [certificate] with knowledge that the issuance or submission is in
  violation of this chapter or rules adopted under this chapter;
               (2)  falsely or fraudulently representing to the owner
  or operator of a vehicle that equipment inspected or required to be
  inspected must be repaired, adjusted, or replaced for the vehicle
  to pass an inspection;
               (3)  issuing a vehicle [an] inspection report or
  submitting inspection information to the department's database 
  [certificate]:
                     (A)  without authorization to issue the report or
  submit the information [certificate]; or
                     (B)  without inspecting the vehicle;
               (4)  issuing a passing vehicle [an] inspection report
  or submitting inspection information to the department's database 
  [certificate] for a vehicle with knowledge that the vehicle has not
  been repaired, adjusted, or corrected after an inspection has shown
  a repair, adjustment, or correction to be necessary;
               (5)  knowingly issuing a passing vehicle [an]
  inspection report or submitting inspection information to the
  department's database [certificate]:
                     (A)  for a vehicle without conducting an
  inspection of each item required to be inspected; or
                     (B)  for a vehicle that is missing an item
  required to be inspected or that has an item required to be
  inspected that is not in compliance with state law or department
  rules;
               (6)  refusing to allow a vehicle's owner to have a
  qualified person of the owner's choice make a required repair,
  adjustment, or correction;
               (7)  charging for an inspection an amount greater than
  the authorized fee;
               (8)  a violation of Subchapter F;
               (9)  a violation of Section 548.603; or
               (10)  a conviction of a felony or a Class A or B
  misdemeanor that directly relates to or affects the duties or
  responsibilities of a vehicle inspection station or inspector or a
  conviction of a similar crime under the jurisdiction of another
  state or the federal government.
         SECTION 36.  Section 548.501, Transportation Code, is
  amended to read as follows:
         Sec. 548.501.  INSPECTION FEES GENERALLY. (a)  Except as
  provided by Sections 548.503 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. [The fee for a verification form
  issued as required by Section 548.256 is $1.]
         (b)  Out of each fee for an inspection, $5.50 shall be
  remitted to the state under Section 548.509.  [An inspection
  station shall pay to the department $5.50 of each fee for an
  inspection. The department may require the station to make an
  advance payment of $5.50 for each inspection certificate provided
  to the station. If advance payment is made:
               [(1)     no further payment may be required on issuance of
  a certificate;
               [(2)     the inspection station may waive the fee due from
  the owner of an inspected vehicle who is issued a certificate to
  which the advance payment applies;
               [(3)     the department shall refund to the inspection
  station $5.50 for each unissued certificate that the station
  returns to the department in accordance with department rules; and
               [(4)     the conservation commission shall pay to the
  department $2 for each unissued certificate that the station
  returns to the department.]
         SECTION 37.  Section 548.502, Transportation Code, is
  amended to read as follows:
         Sec. 548.502.  INSPECTION BY POLITICAL SUBDIVISION OR STATE
  AGENCY. A political subdivision or state agency for which the
  department certifies an inspection station under Section 548.004:
               (1)  shall pay to the state [department an advance
  payment of] $5.50 for each inspection under Section 548.509 
  [certificate provided to it]; and
               (2)  may not be required to pay the remainder of the 
  [compulsory] inspection fee.
         SECTION 38.  Section 548.503, Transportation Code, is
  amended to read as follows:
         Sec. 548.503.  INITIAL TWO-YEAR INSPECTION OF PASSENGER CAR
  OR LIGHT TRUCK. (a)  The fee for inspection of a passenger car or
  light truck under Section 548.102 shall be set by the department by
  rule on or before September 1 of each year. A fee set by the
  department under this subsection must be based on the costs of
  [producing certificates,] providing inspections[,] and
  administering the program, but may not be less than $21.75.
         (b)  Out of each fee for an inspection under this section,
  $14.75 shall be remitted to the state under Section 548.509.  [The
  department shall require an inspection station to make an advance
  payment of $14.75 for a certificate to be issued under this section.
  Additional payment may not be required of the station for the
  certificate. The inspection station may waive the fee due from the
  owner of the vehicle inspected. A refund for an unissued
  certificate shall be made in the same manner as provided for other
  certificate refunds.]
         SECTION 39.  Section 548.504(b), Transportation Code, is
  amended to read as follows:
         (b)  Out of each fee for inspection of a commercial motor
  vehicle, $10 shall be remitted to the state under Section 548.509.  
  [The inspection station shall pay to the department $10 of each fee
  for inspection of a commercial motor vehicle. The department may
  require the station to make an advance payment of $10 for a
  certificate to be issued under this section. If advance payment is
  made:
               [(1)     no additional payment may be required of the
  station for the certificate; and
               [(2)     a refund for an unissued certificate shall be
  made in the same manner as provided for other certificate refunds.]
         SECTION 40.  Section 548.505(a), Transportation Code, is
  amended to read as follows:
         (a)  The department by rule may impose an inspection fee for
  a vehicle inspected under Section 548.301(a) in addition to the fee
  provided by Section 548.501, 548.502, 548.503, or 548.504. A fee
  imposed under this subsection must be based on the costs of:
               (1)  [producing certificates;
               [(2)]  providing inspections; and
               (2) [(3)]  administering the program.
         SECTION 41.  Section 548.508, Transportation Code, is
  amended to read as follows:
         Sec. 548.508.  DISPOSITION OF FEES. Except as provided by
  Sections 382.0622 and 382.202, Health and Safety Code, and Section
  548.5055, each fee remitted to the comptroller [collected by the
  department] under this subchapter shall be deposited to the credit
  of the Texas mobility fund.
         SECTION 42.  Subchapter H, Chapter 548, Transportation Code,
  is amended by adding Section 548.509 to read as follows:
         Sec. 548.509.  COLLECTION OF FEE DURING REGISTRATION. 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 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.  The Texas Department of Motor Vehicles or
  the county assessor-collector shall remit the fee to the
  comptroller.
         SECTION 43.  Section 548.601(a), Transportation Code, is
  amended to read as follows:
         (a)  A person, including an inspector or an inspection
  station, commits an offense if the person:
               (1)  submits information to the department's inspection
  database or issues a vehicle inspection report [an inspection
  certificate] with knowledge that the submission or issuance is in
  violation of this chapter or rules adopted under this chapter;
               (2)  falsely or fraudulently represents to the owner or
  operator of a vehicle that equipment inspected or required to be
  inspected must be repaired, adjusted, or replaced for the vehicle
  to pass an inspection;
               (3)  misrepresents:
                     (A)  material information in an application in
  violation of Section 548.402 or 548.403; or
                     (B)  information filed with the department under
  this chapter or as required by department rule;
               (4)  submits information to the department's inspection
  database or issues a vehicle inspection report [an inspection
  certificate]:
                     (A)  without authorization to issue the report or
  submit the information [certificate]; or
                     (B)  without inspecting the vehicle;
               (5)  submits information to the department's inspection
  database indicating that a vehicle has passed the applicable
  inspections or issues a passing vehicle [an] inspection report 
  [certificate] for a vehicle with knowledge that the vehicle has not
  been repaired, adjusted, or corrected after an inspection has shown
  a repair, adjustment, or correction to be necessary;
               (6)  knowingly submits information to the department's
  inspection database or issues a vehicle inspection report [an
  inspection certificate]:
                     (A)  for a vehicle without conducting an
  inspection of each item required to be inspected; or
                     (B)  for a vehicle that is missing an item
  required to be inspected or that has an item required to be
  inspected that is not in compliance with state law or department
  rules;
               (7)  refuses to allow a vehicle's owner to have a
  qualified person of the owner's choice make a required repair,
  adjustment, or correction;
               (8)  charges for an inspection an amount greater than
  the authorized fee; or
               (9)  performs an act prohibited by or fails to perform
  an act required by this chapter or a rule adopted under this
  chapter.
         SECTION 44.  Sections 548.603(a), (b), and (c),
  Transportation Code, are 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
  [displays or causes or permits to be displayed an inspection
  certificate] or insurance document knowing that the report
  [certificate] 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;
               (2)  [transfers an inspection certificate from a
  windshield or location to another windshield or location;
               [(3)]  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) [(4)]  knowingly does not comply with an emissions
  inspection requirement for a vehicle[; or
               [(5)     displays on a vehicle an inspection certificate
  that was obtained knowing that the vehicle does not meet all
  emissions inspection requirements for the vehicle].
         (b)  A person commits an offense if the person:
               (1)  makes or possesses, with the intent to sell,
  circulate, or pass, a counterfeit vehicle inspection report
  [certificate] or insurance document; or
               (2)  possesses any part of a stamp, dye, plate,
  negative, machine, or other device that is used or designated for
  use in making a counterfeit vehicle inspection report [certificate]
  or insurance document.
         (c)  The owner of a vehicle commits an offense if the owner
  knowingly allows the vehicle to be registered using a vehicle
  inspection report [or operated while the vehicle displays an
  inspection certificate] in violation of Subsection (a).
         SECTION 45.  Section 548.603(f), Transportation Code, as
  added by Chapter 851 (H.B. 1048), Acts of the 75th Legislature,
  Regular Session, 1997, is amended to read as follows:
         (f)  Notwithstanding Subsection (c), an offense under
  Subsection (a)(1) that involves a fictitious vehicle inspection
  report [certificate] is a Class B misdemeanor.
         SECTION 46.  Section 548.6035(a), Transportation Code, is
  amended to read as follows:
         (a)  A person commits an offense if, in connection with a
  required emissions inspection of a motor vehicle, the person
  knowingly:
               (1)  submits information to the department's inspection
  database stating that a vehicle has passed the applicable
  inspections or issues a passing vehicle inspection report [places
  or causes to be placed on a motor vehicle an inspection
  certificate], if:
                     (A)  the vehicle does not meet the emissions
  requirements established by the department; or
                     (B)  the person has not inspected the vehicle;
               (2)  manipulates an emissions test result;
               (3)  uses or causes to be used emissions data from
  another motor vehicle as a substitute for the motor vehicle being
  inspected; or
               (4)  bypasses or circumvents a fuel cap test.
         SECTION 47.  Section 623.011(d), Transportation Code, is
  amended to read as follows:
         (d)  When the department issues a permit under this section,
  the department shall issue a sticker to be placed on the front
  windshield of the vehicle [above the inspection certificate issued
  to the vehicle]. The department shall design the form of the
  sticker to aid in the enforcement of weight limits for vehicles.
         SECTION 48.  Section 683.051, Transportation Code, is
  amended to read as follows:
         Sec. 683.051.  APPLICATION FOR AUTHORIZATION TO DISPOSE OF
  CERTAIN MOTOR VEHICLES. A person may apply to the department for
  authority:
               (1)  to sell, give away, or dispose of a motor vehicle
  to a motor vehicle demolisher if:
                     (A)  the person owns the motor vehicle and the
  certificate of title to the vehicle is lost, destroyed, or faulty;
  or
                     (B)  the vehicle is an abandoned motor vehicle and
  is:
                           (i)  in the possession of the person; or
                           (ii)  located on property owned by the
  person; or
               (2)  to dispose of a motor vehicle to a motor vehicle
  demolisher for demolition, wrecking, or dismantling if:
                     (A)  the abandoned motor vehicle:
                           (i)  is in the possession of the person;
                           (ii)  is more than eight years old;
                           (iii)  either has no motor or is otherwise
  totally inoperable or does not comply with all applicable air
  pollution emissions control related requirements included in[:  
  (aa) the vehicle inspection requirements under Chapter 548, as
  evidenced by a current inspection certificate affixed to the
  vehicle windshield; or (bb)] the vehicle emissions inspection and
  maintenance requirements contained in the Public Safety
  Commission's motor vehicle emissions inspection and maintenance
  program under Subchapter F, Chapter 548, or the state's air quality
  state implementation plan; and
                           (iv)  was authorized to be towed by a law
  enforcement agency; and
                     (B)  the law enforcement agency approves the
  application.
         SECTION 49.  Section 683.071, Transportation Code, as
  amended by Chapters 720 (H.B. 787) and 753 (H.B. 1376), Acts of the
  82nd Legislature, Regular Session, 2011, is reenacted and amended
  to read as follows:
         Sec. 683.071.  DEFINITION AND APPLICABILITY.  (a)  In this
  subchapter, "junked vehicle" means a vehicle that:
               (1)  is self-propelled; and
               (2)  is:
                     (A)  wrecked, dismantled or partially dismantled,
  or discarded; or
                     (B)  inoperable and has remained inoperable for
  more than:
                           (i)  72 consecutive hours, if the vehicle is
  on public property; or
                           (ii)  30 consecutive days, if the vehicle is
  on private property.
         (b)  For purposes of this subchapter, "junked vehicle"
  includes a motor vehicle, aircraft, or watercraft. This subchapter
  applies only to:
               (1)  a motor vehicle that displays an expired license
  plate [or invalid motor vehicle inspection certificate] or does not
  display a license plate [or motor vehicle inspection certificate];
               (2)  an aircraft that does not have lawfully printed on
  the aircraft an unexpired federal aircraft identification number
  registered under Federal Aviation Administration aircraft
  registration regulations in 14 C.F.R. Part 47; or
               (3)  a watercraft that:
                     (A)  does not have lawfully on board an unexpired
  certificate of number; and
                     (B)  is not a watercraft described by Section
  31.055, Parks and Wildlife Code.
         SECTION 50.  The following statutes are repealed:
               (1)  Section 548.053(c), Transportation Code;
               (2)  Section 548.255, Transportation Code;
               (3)  Section 548.257, Transportation Code;
               (4)  Section 548.602, Transportation Code;
               (5)  Section 548.603(e)(2), Transportation Code;
               (6)  Section 548.603(f), Transportation Code, as added
  by Chapter 1069 (S.B. 1856), Acts of the 75th Legislature, Regular
  Session, 1997; and
               (7)  Section 548.605, Transportation Code.
         SECTION 51.  Article 45.003, Code of Criminal Procedure,
  Section 103.0213, Government Code, and Sections 521.3465,
  521.3466, 548.601, 548.603, and 548.6035, Transportation Code, as
  amended by this Act, and the repeal by this Act of Sections 548.602
  and 548.605, Transportation Code, apply only to an offense
  committed on or after March 1, 2015.  An offense committed before
  March 1, 2015, 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 March 1, 2015, if any element of the offense
  occurred before that date.
         SECTION 52.  To the extent of any conflict, this Act prevails
  over another Act of the 83rd Legislature, Regular Session, 2013,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 53.  (a) Except as provided by Subsection (c) of
  this section, not later than March 1, 2014, the Texas Department of
  Motor Vehicles, the Department of Public Safety of the State of
  Texas, and the Texas Commission on Environmental Quality shall
  adopt rules necessary to implement the changes in law made by this
  Act.
         (b)  Not later than March 1, 2014, the Department of Public
  Safety shall create the database described by Section 548.251,
  Transportation Code, as amended by this Act, and require inspection
  stations to submit to the database the information required by
  Section 548.253, Transportation Code, as amended by this Act.
         (c)  Not later than January 1, 2014, the Department of Public
  Safety shall adopt rules relating to the proof required by Section
  548.104(d)(3), Transportation Code, as added by this Act.
         (d)  Except as otherwise provided by Subsections (e) and (f)
  of this section, this Act takes effect March 1, 2015.
         (e)  Subsections (a), (b), and (c) of this section take
  effect September 1, 2013.
         (f)  The change in law made by Section 548.104(d)(3),
  Transportation Code, as added by this Act, takes effect September
  1, 2014, and applies only to a vehicle inspected on or after that
  date.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2305 was passed by the House on May 8,
  2013, by the following vote:  Yeas 144, Nays 3, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2305 on May 24, 2013, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2305 on May 26, 2013, by the following vote:  Yeas 126,
  Nays 20, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2305 was passed by the Senate, with
  amendments, on May 21, 2013, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2305 on May 26, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor