84R12428 JXC-D
	By: Pickett	H.B. No. 3648

	A BILL TO BE ENTITLED
	AN ACT
	relating to motor vehicle registration and safety inspections;
	repealing certain fees and increasing certain fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 382.0622(a), Health and Safety Code, is
	amended to read as follows:
	(a)  Clean Air Act fees consist of:
	(1)  fees collected by the commission under Sections
	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
	by law; and
	(2)  [$2 of each fee collected for inspections of
	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 2.  Section 382.202(d), Health and Safety Code, is
	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 inspection report [issued under Subchapter C,
	Chapter 548, Transportation Code,] in a county that is included in a
	vehicle emissions inspection and maintenance program under
	Subchapter F, Chapter 548, Transportation Code [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.
	SECTION 3.  Section 502.092(c), Transportation Code, is
	amended to read as follows:
	(c)  A person may obtain a permit under this section by:
	(1)  applying to the department in a manner prescribed
	by the department;
	(2)  paying a fee equal to 1/12 the registration fee
	prescribed by this chapter for the vehicle;
	(3)  furnishing satisfactory evidence that the motor
	vehicle is insured under an insurance policy that complies with
	Section 601.072 and that is written by:
	(A)  an insurance company or surety company
	authorized to write motor vehicle liability insurance in this
	state; or
	(B)  with the department's approval, a surplus
	lines insurer that meets the requirements of Chapter 981, Insurance
	Code, and rules adopted by the commissioner of insurance under that
	chapter, if the applicant is unable to obtain insurance from an
	insurer described by Paragraph (A); and
	(4)  furnishing evidence that the vehicle has been
	inspected if [as] required under Chapter 548.
	SECTION 4.  Section 502.251, Transportation Code, is amended
	to read as follows:
	Sec. 502.251.  FEE: MOTORCYCLE OR MOPED. The fee for a
	registration year for registration of a:
	(1)  motorcycle is $42.50; or
	(2)  moped is $35.75 [$30].
	SECTION 5.  Section 502.252, Transportation Code, is amended
	to read as follows:
	Sec. 502.252.  FEE: VEHICLES THAT WEIGH 6,000 POUNDS OR
	LESS. (a) Except as provided by Subsection (b), the [The] fee for a
	registration year for registration of a vehicle with a gross weight
	of 6,000 pounds or less is $63.75 [$50.75], unless otherwise
	provided in this chapter.
	(b)  The fee for a registration year for registration of a
	vehicle described by Subsection (a) that is subject to a commercial
	motor vehicle inspection under Subchapter D, Chapter 548, is
	$50.75, unless provided otherwise by this chapter.
	SECTION 6.  Section 502.253, Transportation Code, is amended
	to read as follows:
	Sec. 502.253.  FEE: VEHICLES THAT WEIGH MORE THAN 6,000
	POUNDS. (a) Except as provided by Subsection (b), the [The] fee
	for a registration year for registration of a vehicle with a gross
	weight of more than 6,000 pounds is as follows unless otherwise
	provided in this chapter:
	Weight Classification Fee Schedule
	in pounds
	6,001-10,000 $66.50 [$54.00]
	10,001-18,000 $122.50 [$110.00]
	18,001-25,999 $217.50 [$205.00]
	26,000-40,000 $352.50 [$340.00]
	40,001-54,999 $547.50 [$535.00]
	55,000-70,000 $752.50 [$740.00]
	70,001-80,000 $852.50 [$840.00]
	(b)  The fee for a registration year for registration of a
	vehicle described by Subsection (a) that is subject to a commercial
	motor vehicle inspection under Subchapter D, Chapter 548, is $12.50
	less than the amount listed for the vehicle under Subsection (a).
	SECTION 7.  Section 502.254(a), Transportation Code, is
	amended to read as follows:
	(a)  The fee for a registration year for registration of a
	trailer, travel trailer, or semitrailer with a gross weight of
	6,000 pounds or less is:
	(1)  $57.50; or
	(2) $45.00 if the vehicle is subject to a commercial
	motor vehicle inspection under Subchapter D, Chapter 548.
	SECTION 8.  Section 547.601, Transportation Code, is amended
	to read as follows:
	Sec. 547.601.  SAFETY BELTS REQUIRED. A motor vehicle
	described by Section 548.051 [required by Chapter 548 to be
	inspected] shall be equipped with front safety belts if safety belt
	anchorages were part of the manufacturer's original equipment on
	the vehicle.
	SECTION 9.  The heading to Chapter 548, Transportation Code,
	is amended to read as follows:
	CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
	SECTION 10.  Section 548.001(10), Transportation Code, is
	amended 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 11.  The heading to Subchapter B, Chapter 548,
	Transportation Code, is amended to read as follows:
	SUBCHAPTER B. VEHICLES AND EQUIPMENT SUBJECT TO SAFETY STANDARDS
	[INSPECTION AND REINSPECTION]
	SECTION 12.  Section 548.051, Transportation Code, is
	amended to read as follows:
	Sec. 548.051.  VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION
	BY PEACE OFFICER; STANDARDS. The commission shall adopt uniform
	standards of safety for the following items installed on a [(a) A]
	motor vehicle, trailer, semitrailer, pole trailer, or mobile home,
	registered in this state[, must have the following items inspected
	at an inspection station or by an inspector]:
	(1)  tires;
	(2)  wheel assembly;
	(3)  safety guards or flaps, if required by Section
	547.606;
	(4)  brake system, including power brake unit;
	(5)  steering system, including power steering;
	(6)  lighting equipment;
	(7)  horns and warning devices;
	(8)  mirrors;
	(9)  windshield wipers;
	(10)  sunscreening devices, unless the vehicle is
	exempt from sunscreen device restrictions under Section 547.613;
	(11)  front seat belts in vehicles on which seat belt
	anchorages were part of the manufacturer's original equipment;
	(12)  tax decal, if required by Section 548.104
	[548.104(d)(1)];
	(13)  exhaust system;
	(14)  exhaust emission system;
	(15)  fuel tank cap, using pressurized testing
	equipment approved by department rule; and
	(16)  emissions control equipment as designated by
	department rule.
	[(b)     A moped is subject to inspection in the same manner as a
	motorcycle, except that the only items of equipment required to be
	inspected are the brakes, headlamps, rear lamps, and reflectors,
	which must comply with the standards prescribed by Sections 547.408
	and 547.801.]
	SECTION 13.  Section 548.053, Transportation Code, is
	transferred to Subchapter C, Chapter 548, Transportation Code,
	redesignated as Section 548.106, Transportation Code, and amended
	to read as follows:
	Sec. 548.106  [548.053].  REINSPECTION OF VEHICLE REQUIRING
	ADJUSTMENT, CORRECTION, OR REPAIR. [(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 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.
	[(b)     A vehicle that is inspected and is subsequently
	involved in an accident affecting the safe operation of an item of
	inspection must be reinspected following repair. The reinspection
	must be at an inspection station and shall be treated and charged as
	an initial inspection.]
	SECTION 14.  Subchapter B, Chapter 548, Transportation Code,
	is amended by adding Sections 548.054 and 548.055 to read as
	follows:
	Sec. 548.054.  INSPECTION BY PEACE OFFICER. A peace officer
	may inspect a vehicle for a suspected violation of a provision of
	Chapter 547 or this chapter or a rule adopted under Chapter 547 or
	this chapter.
	Sec. 548.055.  REGULAR INSPECTION NOT REQUIRED IN CERTAIN
	COUNTIES. Except as otherwise provided by Subchapter D, a vehicle
	described by Section 548.051 registered in a county that does not
	have a motor vehicle emissions inspection and maintenance program
	is not required to be regularly inspected at an inspection station
	under this chapter.
	SECTION 15.  Section 548.101, Transportation Code, is
	amended to read as follows:
	Sec. 548.101.  GENERAL ONE-YEAR INSPECTION PERIOD.  (a)
	Except as provided by Section 548.102, the department shall require
	an annual:
	(1)  commercial motor vehicle inspection under
	Subchapter D; and
	(2)  emissions inspection under the program described
	by Subchapter F.
	(b)  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 16.  Section 548.102, Transportation Code, is
	amended to read as follows:
	Sec. 548.102.  TWO-YEAR INITIAL INSPECTION PERIOD FOR
	PASSENGER CAR OR LIGHT TRUCK. (a) The initial emissions inspection
	period is two years for a passenger car or light truck that:
	(1)  is sold in this state;
	(2)  has not been previously registered in this or
	another state; and
	(3)  on the date of sale is of the current or preceding
	model year.
	(b)  An [This section does not affect a requirement that a
	motor vehicle emission inspection be conducted during an initial
	inspection period in a county covered by an] inspection and
	maintenance program approved by the United States Environmental
	Protection Agency under Section 548.301 and the Clean Air Act (42
	U.S.C. Section 7401 et seq.) may provide for a different initial
	emissions inspection period than the period established in
	Subsection (a).
	SECTION 17.  Section 548.104, Transportation Code, is
	amended to read as follows:
	Sec. 548.104.  EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE
	OF PASSING VEHICLE INSPECTION REPORT. (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 inspection report 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.
	(b) [(c)]  An inspection station or inspector may inspect
	only the equipment required to be inspected by this chapter
	[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 inspection report.
	(c) [(d)]  An inspection station or inspector may not issue a
	passing vehicle inspection report 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 inspection report 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 inspection report for a
	moped.]
	SECTION 18.  Section 548.256, Transportation Code, is
	amended to read as follows:
	Sec. 548.256.  PROOF OF INSPECTION REQUIRED TO REGISTER
	VEHICLE. Before a vehicle may be registered, the Texas Department
	of Motor Vehicles or the county assessor-collector registering the
	vehicle shall verify that the vehicle has passed any [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.
	SECTION 19.  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). A fee established
	under this subsection is in addition to any applicable [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)  providing inspections; and
	(2)  administering the program.
	SECTION 20.  Sections 548.3045(b), 548.501, 548.502, and
	548.503, Transportation Code, are repealed.
	SECTION 21.  This Act takes effect September 1, 2015.