83R1727 JXC-F
By: Harper-Brown 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) a portion [$2] of each advance payment collected
by the Department of Public Safety for inspection certificates for
vehicles other than mopeds under Section 548.501, Transportation
Code, in an amount to be determined by the Department of Public
Safety; 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. 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 stickers by providing local law
enforcement officials with funds to identify vehicles with
counterfeit state inspection stickers and to carry out appropriate
actions;
[(5)] develop and implement programs to enhance
transportation system improvements; or
(5) [(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 stickers.]
SECTION 7. 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 8. 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 9. 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 10. 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 11. 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 502.409(a)(4); or
(2) an offense under Section 548.603(a)(1) that
involves a fictitious [safety] inspection certificate.
SECTION 12. 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 13. 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 14. 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 15. 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 and not later than the date of expiration of the
vehicle's registration.
SECTION 16. The heading to 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.
SECTION 17. Section 548.102(a), Transportation Code, is
amended to read as follows:
(a) The initial inspection period is three [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.
SECTION 18. Section 548.251, Transportation Code, is
amended to read as follows:
Sec. 548.251. DEPARTMENT TO PROVIDE INSPECTION
CERTIFICATES AND VERIFICATION FORMS. (a) The department shall
provide serially numbered inspection certificates and verification
forms to inspection stations.
(b) The department shall maintain an electronic database to
which inspection stations may electronically submit the numbers
assigned under Subsection (a) to inspection certificates issued by
the station.
(c) 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 19. Section 548.253, Transportation Code, is
amended to read as follows:
Sec. 548.253. INFORMATION TO BE SUBMITTED [RECORDED] ON
ISSUANCE OF INSPECTION CERTIFICATE AND VERIFICATION FORM. An
inspection station or inspector, on issuing an inspection
certificate and verification form, shall:
(1) electronically submit to the department's
inspection database the number assigned to the certificate [make a
record and report as prescribed] by the department under Section
548.251 [of the inspection and certificate issued]; and
(2) electronically submit to the department's database
and include in the inspection certificate and verification form any
[the] information other than the certificate number required by the
department for the type of vehicle inspected.
SECTION 20. 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 21. 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 22. 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 23. Section 548.501(b), Transportation Code, is
amended to read as follows:
(b) An inspection station shall pay to the department a
portion [$5.50] of each fee charged by the station for an
inspection, in an amount determined by the department under Section
548.5045. 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 the advance payment amount [$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 an amount determined by the department [$2] for each
unissued certificate that the station returns to the department.
SECTION 24. 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 department an advance payment [of
$5.50] for each inspection certificate provided to it, in an amount
determined by the department under Section 548.5045; and
(2) may not be required to pay the compulsory
inspection fee.
SECTION 25. 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 $34.25 [$21.75].
(b) The department shall require an inspection station to
make an advance payment [of $14.75] for a certificate to be issued
under this section, in an amount determined by the department under
Section 548.5045. 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 26. Section 548.504(b), Transportation Code, is
amended to read as follows:
(b) The inspection station shall pay to the department a
portion [$10] of each fee for inspection of a commercial motor
vehicle, in an amount determined by the department under Section
548.5045. The department may require the station to make an advance
payment of the amount determined by the department [$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 27. Subchapter H, Chapter 548, Transportation Code,
is amended by adding Section 548.5045 to read as follows:
Sec. 548.5045. DETERMINATION OF AMOUNTS REMITTED TO
DEPARTMENT. The amount to be remitted to the department under
Section 548.501, 548.502, 548.503, or 548.504 must be based on the
costs of:
(1) producing certificates; and
(2) administering the inspection program.
SECTION 28. 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 an inspection certificate number to the
department's inspection database or issues an inspection
certificate with knowledge that the 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 an inspection certificate number to the
department's inspection database or issues an inspection
certificate:
(A) without authorization to issue the
certificate; or
(B) without inspecting the vehicle;
(5) submits an inspection certificate number to the
department's inspection database or issues an inspection
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 an inspection certificate
number to the department's inspection database or issues 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 29. Sections 548.603(a) 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].
(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 30. 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 an inspection certificate number to the
department's inspection database or issues [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 31. 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 32. 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 33. 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 34. 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 35. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2015.
(b) Not later than January 1, 2014, the 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.
(c) Sections 548.251 and 548.253, Transportation Code, as
amended by this Act, take effect January 1, 2014.
(d) 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.