83R23505 JXC-F
By: Harper-Brown, King of Hemphill H.B. No. 2875
Substitute the following for H.B. No. 2875:
By: Harper-Brown C.S.H.B. No. 2875
A BILL TO BE ENTITLED
AN ACT
relating to the motor vehicle inspection program; creating an
offense; amending the amount of certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. 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 4. 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 5. 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
an [a safety] inspection 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.
SECTION 6. 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 or denying an emissions
inspection certificate and submitting reports to the inspection
database described by Section 548.251, Transportation Code,
following an emissions inspection.
SECTION 7. 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 for coordinating
with local law enforcement officials to reduce the use of
counterfeit state inspection certificates [stickers] by providing
local law enforcement officials with funds to identify vehicles
with counterfeit state inspection certificates [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 state
inspection certificates [stickers].
SECTION 8. 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 9. The heading to Section 502.0023, Transportation
Code, is amended to read as follows:
Sec. 502.0023. [EXTENDED] REGISTRATION OF COMMERCIAL FLEET
VEHICLES.
SECTION 10. Sections 502.0023(a) and (b), Transportation
Code, are amended to read as follows:
(a) The [Notwithstanding Section 502.044(c), the]
department shall develop and implement a system of registration to
allow an owner of a commercial fleet to register the motor vehicles,
semitrailers, and trailers in the commercial fleet [for an extended
registration period of not less than one year or more than eight
years. The owner may select the number of years for registration
under this section within that range and register the commercial
fleet for that period. Payment for all registration fees for the
entire registration period selected is due at the time of
registration].
(b) A system of fleet [extended] registration under this
section must allow the owner of a commercial fleet to register:
(1) an entire commercial fleet in the county of the
owner's residence or principal place of business; or
(2) the motor vehicles in a commercial fleet that are
operated most regularly in the same county.
SECTION 11. 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 12. 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 13. 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 [SAFETY] INSPECTION
CERTIFICATES.
SECTION 14. 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 [safety] inspection certificate.
SECTION 15. 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 an [a
safety] inspection certificate, within the meaning of Chapter 548.
SECTION 16. Section 548.001, Transportation Code, is
amended by adding Subdivision (6-a) to read as follows:
(6-a) "Inspection certificate" means a report
printed, manufactured, or made by the department or an authorized
agent of the department and issued by an inspector or an inspection
station for a vehicle that passes the safety and, if applicable,
emissions inspections required by this chapter.
SECTION 17. 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 18. 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 an inspection certificate or submit a
passing report to the department's inspection database 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 19. 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 a vehicle owner may obtain an inspection not
earlier than 90 days before the date of expiration of the vehicle's
registration.
SECTION 20. 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 an inspection [certificate] in
this state.
SECTION 21. Sections 548.104(b), (c), (d), and (e),
Transportation Code, are amended to read as follows:
(b) An inspection station or inspector may issue an
inspection certificate and submit a passing report for the vehicle
to the department's inspection database 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 an inspection certificate and submission of a passing report for
the vehicle to the department's inspection database.
(d) An inspection station or inspector may not issue an
inspection certificate or submit a passing report for the vehicle
to the department's inspection database 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 an inspection certificate for a vehicle
exempt under Section 547.613(c).
(e) The department shall adopt rules relating to inspection
of, [and] issuance of an inspection certificate for, and submission
of a report to the department's inspection database for a moped.
SECTION 22. Section 548.105, Transportation Code, is
amended to read as follows:
Sec. 548.105. EVIDENCE OF FINANCIAL RESPONSIBILITY AS
PREREQUISITE TO ISSUANCE OF INSPECTION CERTIFICATE. (a) An
inspection station or inspector may not issue an inspection
certificate or submit a passing report to the department's
inspection database 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 Article 5.06, Insurance Code.
(b) An inspection station is not liable to a person,
including a third party, for issuing an inspection certificate or
submitting a passing report to the department's inspection database
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 23. The heading to Subchapter E, Chapter 548,
Transportation Code, is amended to read as follows:
SUBCHAPTER E. ISSUANCE, RECORDING, AND PROOF OF INSPECTION
CERTIFICATES [AND VERIFICATION FORMS]
SECTION 24. 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 25. Section 548.252, Transportation Code, is
amended to read as follows:
Sec. 548.252. ISSUANCE [SAFEKEEPING AND CONTROL] OF
INSPECTION CERTIFICATES [AND VERIFICATION FORMS]. (a) The
department by rule shall require an inspection station to issue an
inspection certificate 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
inspection certificates, 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
[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].
(c) The department shall provide to inspection stations
equipment and supplies necessary to comply with this section.
SECTION 26. 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 27. Section 548.254, Transportation Code, is
amended to read as follows:
Sec. 548.254. VALIDITY OF INSPECTION CERTIFICATE. An
inspection certificate is invalid after the end of the 12th month
following the month in which the certificate is issued. [An unused
inspection certificate representing a previous inspection period
may not be issued after the beginning of the next period.]
SECTION 28. 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 a passing report in the department's
inspection database. If the database report is not available, the
owner of the vehicle may present an inspection certificate 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 29. 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 30. 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 31. 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 an inspection certificate is not issued to a vehicle
subject to a program established under this subchapter, and that a
passing report is not submitted to the department's inspection
database for the vehicle, unless the vehicle has passed a motor
vehicle emissions inspection at a facility authorized and certified
by the department.
SECTION 32. 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 33. Section 548.401, Transportation Code, is
amended to read as follows:
Sec. 548.401. CERTIFICATION GENERALLY. A person may
perform an inspection, [or] issue an inspection certificate, or
submit a report to the department's inspection database only if
certified to do so by the department under rules adopted by the
department.
SECTION 34. 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 an inspection certificate or submitting a
report to the department's inspection database 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 an inspection certificate or submitting a
report to the department's inspection database:
(A) without authorization to issue the
certificate or submit the report; or
(B) without inspecting the vehicle;
(4) issuing an inspection certificate or submitting a
passing report to the department's inspection database 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 an inspection certificate or
submitting a passing report to the department's inspection
database:
(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 35. 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, each inspection station
shall set a reasonable maximum [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].
(c) If the maximum inspection fee set by the inspection
station exceeds the recommended maximum inspection fee set by the
commission under Subsection (e), the inspection station must
provide written notice to the commission of the inspection
station's maximum inspection fee.
(d) After receiving written notice under Subsection (c),
the commission may review an inspection station's maximum
inspection fee to determine whether it is reasonable. In
determining whether a maximum inspection fee charged by an
inspection station is reasonable, the commission may consider the
resources required by the inspection station to perform the
station's inspection duties under state and federal law. If the
commission determines that an inspection fee is not reasonable, the
commission may require the inspection station to reduce the amount
of the maximum inspection fee the station charges.
(e) The commission by rule shall establish a statewide
recommended maximum inspection fee that an inspection station may
charge for inspection of a motor vehicle. The recommended maximum
inspection fee may not exceed $17.50.
SECTION 36. 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 37. 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 38. 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 department 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 39. 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 40. 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 41. 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 42. Subchapter H, Chapter 548, Transportation Code,
is amended by adding Section 548.510 to read as follows:
Sec. 548.510. SIGNS DISPLAYING FEES. An inspection station
shall post, in an area of the station that is accessible to and
frequented by the public, a sign or placard stating:
(1) the maximum fee the inspection station may charge
for a vehicle safety inspection; and
(2) the maximum fee the inspection station may charge
for an emissions test, if required.
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) issues an inspection certificate or submits a
report to the department's inspection database with knowledge that
the issuance or submission 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) issues an inspection certificate or submits a
report to the department's inspection database:
(A) without authorization to issue the
certificate or submit the report; or
(B) without inspecting the vehicle;
(5) issues an inspection certificate or submits a
passing report to the department's inspection database 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 issues an inspection certificate or
submits a passing report to the department's inspection database:
(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 [displays or causes or permits to be
displayed] an inspection certificate or insurance document knowing
that the 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 inspection 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 [inspection certificate or] insurance
document.
(c) The owner of a vehicle commits an offense if the owner
knowingly allows the vehicle to be registered using as proof of
compliance with this chapter [or operated while the vehicle
displays] an inspection certificate described by [in violation of]
Subsection (a).
SECTION 45. 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 a passing report to the department's
inspection database [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 46. 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 47. 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 48. 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 49. 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 50. Article 45.003, Code of Criminal Procedure,
Section 103.0213, Government Code, and Sections 521.3465, 548.603,
and 548.6035, Transportation Code, as amended by this Act, apply
only to an offense committed on or after January 1, 2015. An offense
committed before January 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 January 1, 2015, if any element of
the offense occurred before that date.
SECTION 51. (a) Not later than January 1, 2014, the Texas
Department of Motor Vehicles, the Texas Department of Public
Safety, 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 January 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.
SECTION 52. (a) Except as otherwise provided by Subsection
(b) of this section, this Act takes effect January 1, 2015.
(b) Section 51 of this Act takes effect September 1, 2013.