Texas 2011 - 82nd Regular

Texas House Bill HB2639 Compare Versions

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1	1	By: Chisum H.B. No. 2639
2	2	Substitute the following for H.B. No. 2639:
3	3	By: Aliseda C.S.H.B. No. 2639
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to motor vehicle inspections that employ remote sensing
9	9	equipment.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter G, Chapter 382, Health and Safety
12	12	Code, is amended by adding Section 382.2041 to read as follows:
13	13	Sec. 382.2041. CLEAN SCREEN PROGRAM COMPONENT. (a) In this
14	14	section:
15	15	(1) "Clean screen remote sensing equipment" means
16	16	on-road remote automatic emissions detection and analysis
17	17	equipment used to determine whether a vehicle complies with
18	18	applicable on-road emissions standards under Subchapter F, Chapter
19	19	548, Transportation Code.
20	20	(2) "Clean screen program component" means a component
21	21	of the vehicle emissions inspection and maintenance program under
22	22	Subchapter F, Chapter 548, Transportation Code, that allows a motor
23	23	vehicle to meet applicable emissions-related inspection
24	24	requirements if the vehicle is inspected by clean screen remote
25	25	sensing equipment and is determined to be in compliance with
26	26	applicable emissions standards.
27	27	(3) "Inspection station" has the meaning assigned by
28	28	Section 548.001, Transportation Code.
29	29	(b) A county, a regional council of governments, as defined
30	30	by Section 384.001, a regional planning commission organized under
31	31	Chapter 391, Local Government Code, a metropolitan planning
32	32	organization, as defined by Section 472.031, Transportation Code,
33	33	or another organization designated by the commission to develop air
34	34	quality plans may submit a written request to the commission to
35	35	establish a clean screen program component in a county that is under
36	36	the jurisdiction of the entity that submitted the request and is:
37	37	(1) designated after September 1, 2011, as a
38	38	nonattainment area within the meaning of Section 107(d) of the
39	39	Clean Air Act (42 U.S.C. Section 7407) and its subsequent
40	40	amendments; or
41	41	(2) a county adjacent to a county described by
42	42	Subdivision (1).
43	43	(c) The commission, the Public Safety Commission, and the
44	44	Texas Department of Motor Vehicles jointly may develop and
45	45	implement a clean screen program component in a county that is the
46	46	subject of the request. The commission, the Public Safety
47	47	Commission, and the Texas Department of Motor Vehicles must agree
48	48	to implement a program component developed under this subsection
49	49	not later than 24 months after the date the commission receives the
50	50	request. If the agencies do not agree to implement the program
51	51	component before that deadline, the request expires.
52	52	(d) A clean screen program component established under this
53	53	section must apply only to passenger vehicles and light trucks not
54	54	subject to inspection under Subchapter D, Chapter 548,
55	55	Transportation Code.
56	56	(e) The clean screen program component described by this
57	57	section must include procedures to:
58	58	(1) identify a vehicle that is in compliance with
59	59	applicable on-road emissions standards established by the
60	60	commission;
61	61	(2) allow the registered owner of a vehicle described
62	62	by Subdivision (1) to pay the fee described by Subsection (g)
63	63	instead of:
64	64	(A) obtaining an emissions-related inspection
65	65	certificate at an inspection station; and
66	66	(B) paying a fee required by Subchapter H,
67	67	Chapter 548, Transportation Code, for an emissions-related
68	68	inspection; and
69	69	(3) provide written notice of the clean screen program
70	70	component inspection and fee process to the registered owner of a
71	71	vehicle:
72	72	(A) during the registration process under
73	73	Section 502.002, Transportation Code; or
74	74	(B) by mailing notice to motor vehicle owners.
75	75	(f) If the commission, the Public Safety Commission, and the
76	76	Texas Department of Motor Vehicles agree to include in the clean
77	77	screen program a component to waive motor vehicle safety
78	78	inspections, the Public Safety Commission by rule shall adopt
79	79	procedures to allow the registered owner of a vehicle identified
80	80	under the clean screen program component as being in compliance
81	81	with applicable emissions standards to pay the fee described by
82	82	Subsection (h) instead of:
83	83	(1) obtaining a vehicle safety inspection certificate
84	84	under Subchapters B and C, Chapter 548, Transportation Code, at an
85	85	inspection station; and
86	86	(2) paying a fee required by Subchapter H, Chapter
87	87	548, Transportation Code, for a vehicle safety inspection.
88	88	(g) The commission shall assess a clean screen inspection
89	89	fee payable by and at the option of the registered owner of a
90	90	vehicle that clean screen remote sensing equipment identifies as
91	91	being in compliance with applicable on-road emissions standards.
92	92	The fee must be in an amount:
93	93	(1) reasonably necessary to recover the costs of
94	94	developing, administering, implementing, evaluating, and enforcing
95	95	the clean screen program component; and
96	96	(2) not less than the sum of the fees that would be
97	97	required for an emissions-related inspection conducted at an
98	98	inspection station.
99	99	(h) If the Public Safety Commission adopts procedures under
100	100	Subsection (f), the commission shall assess a clean screen
101	101	convenience fee payable by and at the option of the registered owner
102	102	of a vehicle that clean screen remote sensing equipment identifies
103	103	as being in compliance with applicable emissions standards. The fee
104	104	must be in an amount not less than the sum of the fees that would be
105	105	required for a vehicle safety inspection conducted at an inspection
106	106	station.
107	107	(i) If the clean screen program component relies on
108	108	privately operated or contractor-operated clean screen remote
109	109	sensing equipment, the commission by rule shall authorize the
110	110	private operator or contractor to retain an appropriate portion of
111	111	fees assessed under Subsection (g) to recover the operator's cost
112	112	of performing the inspection and provide the operator a reasonable
113	113	margin of profit.
114	114	(j) The commission may stipulate in a contract for
115	115	conducting clean screen remote sensing equipment inspections that
116	116	the person contracted with must reimburse the commission for the
117	117	cost of computer programming activities or hardware acquisitions
118	118	required to accommodate use of the clean screen program component.
119	119	(k) Any portion of a fee collected by the commission under
120	120	Subsection (g) or (h) must be used for the same purpose the fee
121	121	would have been used for if collected under Subchapter H, Chapter
122	122	548, Transportation Code.
123	123	(l) A county that voluntarily participates in a clean screen
124	124	program component established under this section is eligible for
125	125	incentives established under Section 382.216.
126	126	SECTION 2. Section 382.302(b), Health and Safety Code, is
127	127	amended to read as follows:
128	128	(b) After approving a request made under Subsection (a), the
129	129	commission by resolution may request the Public Safety Commission
130	130	to establish motor vehicle emissions inspection and maintenance
131	131	program requirements for the participating county under Subchapter
132	132	F, Chapter 548, Transportation Code, in accordance with this
133	133	section and rules adopted under this section. The motor vehicle
134	134	emissions inspection and maintenance program requirements for the
135	135	participating county may include exhaust emissions testing,
136	136	emissions control devices, [and] systems inspections, a remote
137	137	sensing program component as provided by Section 382.204, a clean
138	138	screen program component as provided by Section 382.2041, or other
139	139	testing methods that meet or exceed United States Environmental
140	140	Protection Agency requirements[, and a remote sensing component as
141	141	provided by Section 382.204]. The motor vehicle emissions
142	142	inspection and maintenance program requirements adopted for the
143	143	participating county may apply to all or to a defined subset of
144	144	vehicles described by Section 382.203. If the commission
145	145	implements a clean screen program component under Section 382.2041,
146	146	the Public Safety Commission and the Texas Department of Motor
147	147	Vehicles may modify the motor vehicle emissions inspection and
148	148	maintenance program inspection process to accommodate elements of
149	149	the clean screen program component.
150	150	SECTION 3. Section 548.052, Transportation Code, is amended
151	151	to read as follows:
152	152	Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
153	153	chapter does not apply to:
154	154	(1) a trailer, semitrailer, pole trailer, or mobile
155	155	home moving under or bearing a current factory-delivery license
156	156	plate or current in-transit license plate;
157	157	(2) a vehicle moving under or bearing a paper dealer
158	158	in-transit tag, machinery license, disaster license, parade
159	159	license, prorate tab, one-trip permit, antique license, temporary
160	160	24-hour permit, or permit license;
161	161	(3) a trailer, semitrailer, pole trailer, or mobile
162	162	home having an actual gross weight or registered gross weight of
163	163	4,500 pounds or less;
164	164	(4) farm machinery, road-building equipment, a farm
165	165	trailer, or a vehicle required to display a slow-moving-vehicle
166	166	emblem under Section 547.703;
167	167	(5) a former military vehicle, as defined by Section
168	168	504.502 [502.275];
169	169	(6) a vehicle qualified for a tax exemption under
170	170	Section 152.092, Tax Code; [or]
171	171	(7) a vehicle for which a certificate of title has been
172	172	issued but that is not required to be registered; or
173	173	(8) a vehicle for which the registered owner has
174	174	satisfied the requirements of Section 382.2041(e)(2), Health and
175	175	Safety Code, if the conservation commission adopts procedures under
176	176	Section 382.2041(e)(2), Health and Safety Code.
177	177	SECTION 4. Section 548.251, Transportation Code, is amended
178	178	to read as follows:
179	179	Sec. 548.251. DEPARTMENT TO PROVIDE INSPECTION
180	180	CERTIFICATES AND VERIFICATION FORMS. (a) The department shall
181	181	provide serially numbered inspection certificates and verification
182	182	forms to inspection stations. The department may issue a unique
183	183	inspection certificate for:
184	184	(1) a commercial motor vehicle inspected under Section
185	185	548.201; or
186	186	(2) a vehicle inspected under Subchapter F.
187	187	(b) Any provision in Subchapter E, F, or G that requires an
188	188	inspection certificate to be issued only by an inspection station
189	189	does not apply to a certificate issued for an inspection conducted
190	190	under the clean screen program component described by Section
191	191	382.2041, Health and Safety Code.
192	192	(c) In conjunction with a clean screen program component
193	193	established under Section 382.2041, Health and Safety Code, the
194	194	commission and the department may develop a system to:
195	195	(1) issue an inspection certificate under the clean
196	196	screen program component without requiring that an inspection
197	197	station issue the inspection certificate; and
198	198	(2) allow the operator of the clean screen remote
199	199	sensing equipment to issue an inspection certificate if the
200	200	component relies on privately operated or contractor-operated
201	201	clean screen remote sensing equipment.
202	202	SECTION 5. Section 548.301(d), Transportation Code, is
203	203	amended to read as follows:
204	204	(d) A vehicle emissions inspection under this section may be
205	205	performed by:
206	206	(1) the same facility that performs a safety
207	207	inspection if the facility is authorized and certified by the
208	208	department to perform the vehicle emissions inspection and
209	209	certified by the department to perform the safety inspection; or
210	210	(2) clean screen remote sensing equipment as defined
211	211	by Section 382.2041, Health and Safety Code, if a clean screen
212	212	program component is established under that section.
213	213	SECTION 6. Section 548.306(j), Transportation Code, is
214	214	repealed.
215	215	SECTION 7. This Act takes effect September 1, 2011.