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AN ACT
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relating to motor vehicle inspections; creating an offense; |
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changing the collection method for certain fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 548.104, Transportation Code, is amended |
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to read as follows: |
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Sec. 548.104. EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE |
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OF PASSING VEHICLE INSPECTION REPORT [CERTIFICATE]. (a) The |
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commission shall adopt uniform standards of safety applicable to |
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each item required to be inspected by Section 548.051. The |
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standards and the list of items to be inspected shall be posted in |
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each inspection station. |
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(b) An inspection station or inspector may issue a passing |
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vehicle [an] inspection report [certificate] only if the vehicle is |
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inspected and found to be in proper and safe condition and to comply |
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with this chapter and the rules adopted under this chapter. |
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(c) An inspection station or inspector may inspect only the |
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equipment required to be inspected by Section 548.051 and may not: |
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(1) falsely and fraudulently represent to an applicant |
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that equipment required to be inspected must be repaired, adjusted, |
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or replaced before the vehicle will pass inspection; or |
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(2) require an applicant to have another part of the |
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vehicle or other equipment inspected as a prerequisite for issuance |
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of a passing vehicle [an] inspection report [certificate]. |
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(d) An inspection station or inspector may not issue a |
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passing vehicle [an] inspection report [certificate] for a vehicle |
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equipped with: |
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(1) a carburetion device permitting the use of |
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liquefied gas alone or interchangeably with another fuel, unless a |
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valid liquefied gas tax decal issued by the comptroller is attached |
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to the lower right-hand corner of the front windshield of the |
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vehicle on the passenger side; [or] |
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(2) a sunscreening device prohibited by Section |
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547.613, except that the department by rule shall provide |
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procedures for issuance of a passing vehicle [an] inspection report |
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[certificate] for a vehicle exempt under Section 547.613(c); or |
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(3) a compressed natural gas container unless the |
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owner demonstrates in accordance with department rules proof: |
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(A) that: |
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(i) the container has met the inspection |
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requirements under 49 C.F.R. Section 571.304; and |
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(ii) the manufacturer's recommended service |
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life for the container, as stated on the container label required by |
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49 C.F.R. Section 571.304, has not expired; or |
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(B) that the vehicle is a fleet vehicle for which |
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the fleet operator employs a technician certified to inspect the |
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container. |
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(e) The department shall adopt rules relating to inspection |
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of and issuance of a vehicle [an] inspection report [certificate] |
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for a moped. |
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SECTION 2. Article 45.003, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.003. DEFINITION FOR CERTAIN PROSECUTIONS. For |
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purposes of dismissing a charge under Section 502.407 [or 548.605], |
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Transportation Code, "day" does not include Saturday, Sunday, or a |
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legal holiday. |
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SECTION 3. Section 51.207(d), Education Code, is amended to |
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read as follows: |
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(d) This subsection applies only to a public institution of |
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higher education campus that is not covered by Subsection (b). The |
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institution may not issue a permit to a student of the institution |
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for driving or parking a motor vehicle on institutional property |
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unless the institution provides written notice to the student that |
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failure to register the vehicle in this state [or to display a
|
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current and appropriate inspection certificate issued under
|
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Chapter 548, Transportation Code,] may violate state law if the |
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owner of the vehicle resides in this state. |
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SECTION 4. Section 103.0213, Government Code, is amended to |
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read as follows: |
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Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a |
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party to a civil suit, as applicable, shall pay the following fees |
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and costs under the Transportation Code if ordered by the court or |
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otherwise required: |
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(1) administrative fee on dismissal of charge of |
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driving with an expired motor vehicle registration (Sec. 502.407, |
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Transportation Code) . . . not to exceed $20; |
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(2) administrative fee on dismissal of charge of |
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driving with an expired driver's license (Sec. 521.026, |
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Transportation Code) . . . not to exceed $20; |
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(3) [administrative fee on remediation of charge of
|
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driving with an expired inspection certificate (Sec. 548.605,
|
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Transportation Code) .
.
. not to exceed $20;
|
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[(4)] administrative fee for failure to appear for a |
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complaint or citation on certain offenses (Sec. 706.006, |
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Transportation Code) . . . $30 for each violation; and |
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(4) [(5)] administrative fee for failure to pay or |
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satisfy certain judgments (Sec. 706.006, Transportation Code) |
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. . . $30. |
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SECTION 5. 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) $2 of each fee [advance payment] collected for |
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inspections of [by the Department of Public Safety for inspection
|
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certificates for] vehicles other than mopeds under Section 548.501, |
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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 6. Sections 382.202(d) and (l), Health and Safety |
|
Code, are amended to read as follows: |
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(d) On adoption of a resolution by the commission and after |
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proper notice, the Department of Public Safety of the State of Texas |
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shall implement a system that requires, as a condition of obtaining |
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a passing vehicle [safety] inspection report [certificate] issued |
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under Subchapter C, Chapter 548, Transportation Code, in a county |
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that is included in a vehicle emissions inspection and maintenance |
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program under Subchapter F of that chapter, that the vehicle, |
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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 |
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implement such a system when it is required by any provision of |
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federal or state law, including any provision of the state's air |
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quality state implementation plan. |
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(l) Except as provided by this subsection, a person who |
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sells or transfers ownership of a motor vehicle for which a passing |
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vehicle [emissions] inspection report [certificate] has been |
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issued is not liable for the cost of emission control system repairs |
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that are required for the vehicle subsequently to receive a passing |
|
report [an emissions inspection certificate]. This subsection does |
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not apply to repairs that are required because emission control |
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equipment or devices on the vehicle were removed or tampered with |
|
before the sale or transfer of the vehicle. |
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SECTION 7. Section 382.205(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The Department of Public Safety of the State of Texas by |
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rule shall adopt: |
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(1) testing procedures in accordance with motor |
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vehicle emissions testing equipment specifications; and |
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(2) procedures for issuing a vehicle [or denying an
|
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emissions] inspection report following an emissions inspection and |
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submitting information to the inspection database described by |
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Section 548.251, Transportation Code, following an emissions |
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inspection [certificate]. |
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SECTION 8. Sections 382.220(b) and (d), Health and Safety |
|
Code, are amended to read as follows: |
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(b) A program under this section must be implemented in |
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consultation with the commission and may include a program to: |
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(1) expand and enhance the AirCheck Texas Repair and |
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Replacement Assistance Program; |
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(2) develop and implement programs or systems that |
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remotely determine vehicle emissions and notify the vehicle's |
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operator; |
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(3) develop and implement projects to implement the |
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commission's smoking vehicle program; |
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(4) develop and implement projects in consultation |
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with the director of the Department of Public Safety for |
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coordinating with local law enforcement officials to reduce the use |
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of counterfeit registration insignia and vehicle inspection |
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reports [state inspection stickers] by providing local law |
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enforcement officials with funds to identify vehicles with |
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counterfeit registration insignia and vehicle inspection reports |
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[state inspection stickers] and to carry out appropriate actions; |
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(5) develop and implement programs to enhance |
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transportation system improvements; or |
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(6) develop and implement new air control strategies |
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designed to assist local areas in complying with state and federal |
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air quality rules and regulations. |
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(d) Fees collected under Sections 382.202 and 382.302 may be |
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used, in an amount not to exceed $5 million per fiscal year, for |
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projects described by Subsection (b). The fees shall be made |
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available only to counties participating in the low-income vehicle |
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repair assistance, retrofit, and accelerated vehicle retirement |
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programs created under Section 382.209 and only on a matching |
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basis, whereby the commission provides money to a county in the same |
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amount that the county dedicates to a project authorized by |
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Subsection (b). The commission may reduce the match requirement |
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for a county that proposes to develop and implement independent |
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test facility fraud detection programs, including the use of remote |
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sensing technology for coordinating with law enforcement officials |
|
to detect, prevent, and prosecute the use of counterfeit |
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registration insignia and vehicle inspection reports [state
|
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inspection stickers]. |
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SECTION 9. Sections 2308.253(d) and (e), Occupations Code, |
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are amended to read as follows: |
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(d) Except as provided by a contract described by Subsection |
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(e), a parking facility owner may not have a vehicle removed from |
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the parking facility merely because the vehicle does not display[:
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[(1)] an unexpired license plate or registration |
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insignia issued for the vehicle under Chapter 502, Transportation |
|
Code, or the vehicle registration law of another state or country[;
|
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or
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[(2)
a valid vehicle inspection certificate issued
|
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under Chapter 548, Transportation Code, or the vehicle inspection
|
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law of another state or country]. |
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(e) A contract provision providing for the removal from a |
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parking facility of a vehicle that does not display an unexpired |
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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 |
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owner's or operator's expense if it is not removed from the parking |
|
facility. The notice must be: |
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(1) delivered in person to the owner or operator of the |
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vehicle; or |
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(2) sent by certified mail, return receipt requested, |
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to that owner or operator. |
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SECTION 10. Section 501.030(a), Transportation Code, is |
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amended to read as follows: |
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(a) Before a motor vehicle that was last registered or |
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titled in another state or country may be titled in this state, [the
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applicant must furnish] the county assessor-collector shall verify |
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that the vehicle has passed the inspections required by Chapter |
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548, as indicated in the Department of Public Safety's inspection |
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database under Section 548.251 [with a verification form under
|
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Section 548.256]. |
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SECTION 11. Section 502.0023, Transportation Code, is |
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amended by adding Subsection (j) to read as follows: |
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(j) A motor vehicle, semitrailer, or trailer registered |
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under this section is subject to the inspection requirements of |
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Chapter 548 as if the vehicle, semitrailer, or trailer were |
|
registered without extended registration. The department and the |
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Department of Public Safety shall by rule establish a method to |
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enforce the inspection requirements of Chapter 548 for motor |
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vehicles, semitrailers, and trailers registered under this |
|
section. The department may assess a fee to cover the department's |
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administrative costs of implementing this subsection. |
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SECTION 12. Section 502.047, Transportation Code, is |
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amended to read as follows: |
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Sec. 502.047. REGISTRATION-BASED ENFORCEMENT OF MOTOR |
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VEHICLE [EMISSIONS] INSPECTION [AND MAINTENANCE] REQUIREMENTS. |
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(a) The department and the Department of Public Safety shall |
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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
|
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provided by this section or Section 548.3011. Subsections (b)-(e)
|
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apply only if the United States Environmental Protection Agency
|
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determines that the state has not demonstrated, as required by 40
|
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C.F.R. Section 51.361, that sticker-based enforcement of the
|
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program is more effective than registration-based enforcement and
|
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gives the Texas Commission on Environmental Quality or the governor
|
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written notification that the reregistration-based enforcement of
|
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the program, as described by those subsections, will be required.
|
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If Subsections (b)-(e) are made applicable as provided by this
|
|
subsection, the department shall terminate reregistration-based
|
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enforcement of the program under those subsections on the date the
|
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United States Environmental Protection Agency gives the Texas
|
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Commission on Environmental Quality or a person the commission
|
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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. |
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(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. |
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(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. |
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(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 |