83R121 JXC-D
By: Raymond H.B. No. 114
A BILL TO BE ENTITLED
AN ACT
relating to voluntary emissions inspections in border counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.202, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (e-1) to
read as follows:
(c) If the program is established under this section, the
commission:
(1) shall adopt vehicle emissions inspection and
maintenance requirements for certain areas as required by federal
law or regulation; [and]
(2) shall adopt vehicle emissions inspection and
maintenance requirements for counties not subject to a specific
federal requirement in response to a formal request by resolutions
adopted by the county and the most populous municipality within the
county according to the most recent federal decennial census; and
(3) shall adopt standards and procedures for vehicle
emissions inspections that are equivalent to inspections under the
program and are to be offered and documented on a voluntary basis in
counties that border the United Mexican States and are not
described by Subdivision (1) or (2).
(e-1) The commission may assess a fee for a voluntary
vehicle emissions inspection under Subsection (c)(3). The fee must
be in an amount reasonably necessary to recover the costs of
developing, administering, and evaluating the standards and
procedures described by that subdivision. An appropriate part of
the fee as determined by commission rule may be retained by the
station owner, contractor, or operator to recover the cost of
performing the inspection and provide for a reasonable margin of
profit.
SECTION 2. Section 548.301, Transportation Code, is amended
by adding Subsection (b-2) to read as follows:
(b-2) The commission shall adopt standards and procedures
to make available the voluntary emissions inspections under Section
382.202(c)(3), Health and Safety Code.
SECTION 3. The Texas Commission on Environmental Quality
and the Public Safety Commission shall adopt procedures and rules
necessary to implement Section 382.202, Health and Safety Code, and
Section 548.301, Transportation Code, as amended by this Act, as
soon as possible after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.