Texas 2013 - 83rd Regular

Texas House Bill HB2875 Compare Versions

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1	1	83R23505 JXC-F
2	2	By: Harper-Brown, King of Hemphill H.B. No. 2875
3	3	Substitute the following for H.B. No. 2875:
4	4	By: Harper-Brown C.S.H.B. No. 2875
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the motor vehicle inspection program; creating an
10	10	offense; amending the amount of certain fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 45.003, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 45.003. DEFINITION FOR CERTAIN PROSECUTIONS. For
15	15	purposes of dismissing a charge under Section 502.407 [or 548.605],
16	16	Transportation Code, "day" does not include Saturday, Sunday, or a
17	17	legal holiday.
18	18	SECTION 2. Section 51.207(d), Education Code, is amended to
19	19	read as follows:
20	20	(d) This subsection applies only to a public institution of
21	21	higher education campus that is not covered by Subsection (b). The
22	22	institution may not issue a permit to a student of the institution
23	23	for driving or parking a motor vehicle on institutional property
24	24	unless the institution provides written notice to the student that
25	25	failure to register the vehicle in this state [or to display a
26	26	current and appropriate inspection certificate issued under
27	27	Chapter 548, Transportation Code,] may violate state law if the
28	28	owner of the vehicle resides in this state.
29	29	SECTION 3. Section 103.0213, Government Code, is amended to
30	30	read as follows:
31	31	Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
32	32	CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
33	33	party to a civil suit, as applicable, shall pay the following fees
34	34	and costs under the Transportation Code if ordered by the court or
35	35	otherwise required:
36	36	(1) administrative fee on dismissal of charge of
37	37	driving with an expired motor vehicle registration (Sec. 502.407,
38	38	Transportation Code) . . . not to exceed $20;
39	39	(2) administrative fee on dismissal of charge of
40	40	driving with an expired driver's license (Sec. 521.026,
41	41	Transportation Code) . . . not to exceed $20;
42	42	(3) [administrative fee on remediation of charge of
43	43	driving with an expired inspection certificate (Sec. 548.605,
44	44	Transportation Code) . . . not to exceed $20;
45	45	[(4)] administrative fee for failure to appear for a
46	46	complaint or citation on certain offenses (Sec. 706.006,
47	47	Transportation Code) . . . $30 for each violation; and
48	48	(4) [(5)] administrative fee for failure to pay or
49	49	satisfy certain judgments (Sec. 706.006, Transportation Code)
50	50	. . . $30.
51	51	SECTION 4. Section 382.0622(a), Health and Safety Code, is
52	52	amended to read as follows:
53	53	(a) Clean Air Act fees consist of:
54	54	(1) fees collected by the commission under Sections
55	55	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
56	56	by law;
57	57	(2) $2 of each fee [advance payment] collected for
58	58	inspections of [by the Department of Public Safety for inspection
59	59	certificates for] vehicles other than mopeds under Section 548.501,
60	60	Transportation Code; and
61	61	(3) fees collected that are required under Section 185
62	62	of the federal Clean Air Act (42 U.S.C. Section 7511d).
63	63	SECTION 5. Section 382.202(d), Health and Safety Code, is
64	64	amended to read as follows:
65	65	(d) On adoption of a resolution by the commission and after
66	66	proper notice, the Department of Public Safety of the State of Texas
67	67	shall implement a system that requires, as a condition of obtaining
68	68	an [a safety] inspection certificate issued under Subchapter C,
69	69	Chapter 548, Transportation Code, in a county that is included in a
70	70	vehicle emissions inspection and maintenance program under
71	71	Subchapter F of that chapter, that the vehicle, unless the vehicle
72	72	is not covered by the system, be annually or biennially inspected
73	73	under the vehicle emissions inspection and maintenance program as
74	74	required by the state's air quality state implementation plan. The
75	75	Department of Public Safety shall implement such a system when it is
76	76	required by any provision of federal or state law, including any
77	77	provision of the state's air quality state implementation plan.
78	78	SECTION 6. Section 382.205(d), Health and Safety Code, is
79	79	amended to read as follows:
80	80	(d) The Department of Public Safety of the State of Texas by
81	81	rule shall adopt:
82	82	(1) testing procedures in accordance with motor
83	83	vehicle emissions testing equipment specifications; and
84	84	(2) procedures for issuing or denying an emissions
85	85	inspection certificate and submitting reports to the inspection
86	86	database described by Section 548.251, Transportation Code,
87	87	following an emissions inspection.
88	88	SECTION 7. Sections 382.220(b) and (d), Health and Safety
89	89	Code, are amended to read as follows:
90	90	(b) A program under this section must be implemented in
91	91	consultation with the commission and may include a program to:
92	92	(1) expand and enhance the AirCheck Texas Repair and
93	93	Replacement Assistance Program;
94	94	(2) develop and implement programs or systems that
95	95	remotely determine vehicle emissions and notify the vehicle's
96	96	operator;
97	97	(3) develop and implement projects to implement the
98	98	commission's smoking vehicle program;
99	99	(4) develop and implement projects for coordinating
100	100	with local law enforcement officials to reduce the use of
101	101	counterfeit state inspection certificates [stickers] by providing
102	102	local law enforcement officials with funds to identify vehicles
103	103	with counterfeit state inspection certificates [stickers] and to
104	104	carry out appropriate actions;
105	105	(5) develop and implement programs to enhance
106	106	transportation system improvements; or
107	107	(6) develop and implement new air control strategies
108	108	designed to assist local areas in complying with state and federal
109	109	air quality rules and regulations.
110	110	(d) Fees collected under Sections 382.202 and 382.302 may be
111	111	used, in an amount not to exceed $5 million per fiscal year, for
112	112	projects described by Subsection (b). The fees shall be made
113	113	available only to counties participating in the low-income vehicle
114	114	repair assistance, retrofit, and accelerated vehicle retirement
115	115	programs created under Section 382.209 and only on a matching
116	116	basis, whereby the commission provides money to a county in the same
117	117	amount that the county dedicates to a project authorized by
118	118	Subsection (b). The commission may reduce the match requirement
119	119	for a county that proposes to develop and implement independent
120	120	test facility fraud detection programs, including the use of remote
121	121	sensing technology for coordinating with law enforcement officials
122	122	to detect, prevent, and prosecute the use of counterfeit state
123	123	inspection certificates [stickers].
124	124	SECTION 8. Sections 2308.253(d) and (e), Occupations Code,
125	125	are amended to read as follows:
126	126	(d) Except as provided by a contract described by Subsection
127	127	(e), a parking facility owner may not have a vehicle removed from
128	128	the parking facility merely because the vehicle does not display[:
129	129	[(1)] an unexpired license plate or registration
130	130	insignia issued for the vehicle under Chapter 502, Transportation
131	131	Code, or the vehicle registration law of another state or country[;
132	132	or
133	133	[(2) a valid vehicle inspection certificate issued
134	134	under Chapter 548, Transportation Code, or the vehicle inspection
135	135	law of another state or country].
136	136	(e) A contract provision providing for the removal from a
137	137	parking facility of a vehicle that does not display an unexpired
138	138	license plate or registration insignia [or a valid inspection
139	139	certificate] is valid only if the provision requires the owner or
140	140	operator of the vehicle to be given at least 10 days' written notice
141	141	that the vehicle will be towed from the facility at the vehicle
142	142	owner's or operator's expense if it is not removed from the parking
143	143	facility. The notice must be:
144	144	(1) delivered in person to the owner or operator of the
145	145	vehicle; or
146	146	(2) sent by certified mail, return receipt requested,
147	147	to that owner or operator.
148	148	SECTION 9. The heading to Section 502.0023, Transportation
149	149	Code, is amended to read as follows:
150	150	Sec. 502.0023. [EXTENDED] REGISTRATION OF COMMERCIAL FLEET
151	151	VEHICLES.
152	152	SECTION 10. Sections 502.0023(a) and (b), Transportation
153	153	Code, are amended to read as follows:
154	154	(a) The [Notwithstanding Section 502.044(c), the]
155	155	department shall develop and implement a system of registration to
156	156	allow an owner of a commercial fleet to register the motor vehicles,
157	157	semitrailers, and trailers in the commercial fleet [for an extended
158	158	registration period of not less than one year or more than eight
159	159	years. The owner may select the number of years for registration
160	160	under this section within that range and register the commercial
161	161	fleet for that period. Payment for all registration fees for the
162	162	entire registration period selected is due at the time of
163	163	registration].
164	164	(b) A system of fleet [extended] registration under this
165	165	section must allow the owner of a commercial fleet to register:
166	166	(1) an entire commercial fleet in the county of the
167	167	owner's residence or principal place of business; or
168	168	(2) the motor vehicles in a commercial fleet that are
169	169	operated most regularly in the same county.
170	170	SECTION 11. Section 502.047, Transportation Code, is
171	171	amended to read as follows:
172	172	Sec. 502.047. REGISTRATION-BASED ENFORCEMENT OF MOTOR
173	173	VEHICLE [EMISSIONS] INSPECTION [AND MAINTENANCE] REQUIREMENTS.
174	174	(a) The department and the Department of Public Safety shall ensure
175	175	compliance with the motor vehicle inspection requirements under
176	176	Chapter 548, including compliance with the motor vehicle emissions
177	177	inspection and maintenance program under Subchapter F of that
178	178	chapter, through a vehicle registration-based enforcement system
179	179	[inspection sticker-based enforcement system except as provided by
180	180	this section or Section 548.3011. Subsections (b)-(e) apply only
181	181	if the United States Environmental Protection Agency determines
182	182	that the state has not demonstrated, as required by 40 C.F.R.
183	183	Section 51.361, that sticker-based enforcement of the program is
184	184	more effective than registration-based enforcement and gives the
185	185	Texas Commission on Environmental Quality or the governor written
186	186	notification that the reregistration-based enforcement of the
187	187	program, as described by those subsections, will be required. If
188	188	Subsections (b)-(e) are made applicable as provided by this
189	189	subsection, the department shall terminate reregistration-based
190	190	enforcement of the program under those subsections on the date the
191	191	United States Environmental Protection Agency gives the Texas
192	192	Commission on Environmental Quality or a person the commission
193	193	designates written notification that reregistration-based
194	194	enforcement is not required for the state implementation plan].
195	195	(b) A motor vehicle may not be registered if the department
196	196	receives from the Texas Commission on Environmental Quality or the
197	197	Department of Public Safety notification that the registered owner
198	198	of the vehicle has not complied with [Subchapter F,] Chapter 548.
199	199	(c) A motor vehicle may not be registered if the vehicle was
200	200	denied registration under Subsection (b) unless verification is
201	201	received that the registered vehicle owner is in compliance with
202	202	[Subchapter F,] Chapter 548.
203	203	(d) The department and the Department of Public Safety shall
204	204	enter into an agreement regarding the timely submission by the
205	205	Department of Public Safety of inspection compliance information to
206	206	the department.
207	207	(d-1) The department, the Texas Commission on Environmental
208	208	Quality, and the Department of Public Safety shall enter an
209	209	agreement regarding the responsibilities for costs associated with
210	210	implementing this section.
211	211	(e) A county tax assessor-collector is not liable to any
212	212	person for refusing to register a motor vehicle because of the
213	213	person's failure to provide verification of the person's compliance
214	214	with [Subchapter F,] Chapter 548.
215	215	SECTION 12. Section 502.059(c), Transportation Code, is
216	216	amended to read as follows:
217	217	(c) Except as provided by Subsection (f), the registration
218	218	insignia for validation of a license plate shall be attached to the
219	219	inside of the vehicle's windshield, if the vehicle has a
220	220	windshield, in the lower left corner in a manner that will not
221	221	obstruct the vision of the driver [within six inches of the place
222	222	where the motor vehicle inspection sticker is required to be
223	223	placed]. If the vehicle does not have a windshield, the owner,
224	224	when applying for registration or renewal of registration, shall
225	225	notify the department, and the department shall issue a distinctive
226	226	device for attachment to the rear license plate of the vehicle.
227	227	SECTION 13. The heading to Section 521.3465, Transportation
228	228	Code, is amended to read as follows:
229	229	Sec. 521.3465. AUTOMATIC SUSPENSION ON CONVICTION OF
230	230	CERTAIN OFFENSES INVOLVING FICTITIOUS MOTOR VEHICLE LICENSE
231	231	PLATES, REGISTRATION INSIGNIA, OR [SAFETY] INSPECTION
232	232	CERTIFICATES.
233	233	SECTION 14. Section 521.3465(a), Transportation Code, is
234	234	amended to read as follows:
235	235	(a) A license is automatically suspended on final
236	236	conviction of the license holder of:
237	237	(1) an offense under Section 502.475(a)(4)
238	238	[502.409(a)(4)]; or
239	239	(2) an offense under Section 548.603(a)(1) that
240	240	involves a fictitious [safety] inspection certificate.
241	241	SECTION 15. Section 521.3466(a), Transportation Code, is
242	242	amended to read as follows:
243	243	(a) A license is automatically revoked on final conviction
244	244	of the license holder of an offense under Section 37.10, Penal Code,
245	245	if the governmental record was a motor vehicle license plate or
246	246	registration insignia, within the meaning of Chapter 502, or an [a
247	247	safety] inspection certificate, within the meaning of Chapter 548.
248	248	SECTION 16. Section 548.001, Transportation Code, is
249	249	amended by adding Subdivision (6-a) to read as follows:
250	250	(6-a) "Inspection certificate" means a report
251	251	printed, manufactured, or made by the department or an authorized
252	252	agent of the department and issued by an inspector or an inspection
253	253	station for a vehicle that passes the safety and, if applicable,
254	254	emissions inspections required by this chapter.
255	255	SECTION 17. Section 548.004(c), Transportation Code, is
256	256	amended to read as follows:
257	257	(c) The facility may inspect only a vehicle owned by the
258	258	political subdivision or state agency. [An officer, employee, or
259	259	inspector of the subdivision or agency may not place an inspection
260	260	certificate received from the department under this section on a
261	261	vehicle not owned by the subdivision or agency.]
262	262	SECTION 18. Section 548.053(a), Transportation Code, is
263	263	amended to read as follows:
264	264	(a) If an inspection discloses the necessity for
265	265	adjustment, correction, or repair, an inspection station or
266	266	inspector may not issue an inspection certificate or submit a
267	267	passing report to the department's inspection database until the
268	268	adjustment, correction, or repair is made. The owner of the vehicle
269	269	may have the adjustment, correction, or repair made by a qualified
270	270	person of the owner's choice, subject to reinspection. The vehicle
271	271	shall be reinspected once free of charge within 15 days after the
272	272	date of the original inspection, not including the date the
273	273	original inspection is made, at the same inspection station after
274	274	the adjustment, correction, or repair is made.
275	275	SECTION 19. Section 548.101, Transportation Code, is
276	276	amended to read as follows:
277	277	Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. Except
278	278	as provided by Section 548.102, the department shall require an
279	279	annual inspection. The department shall set the periods of
280	280	inspection and may make rules with respect to those periods. The
281	281	rules must provide that a vehicle owner may obtain an inspection not
282	282	earlier than 90 days before the date of expiration of the vehicle's
283	283	registration.
284	284	SECTION 20. Section 548.103, Transportation Code, is
285	285	amended to read as follows:
286	286	Sec. 548.103. EXTENDED INSPECTION PERIOD FOR CERTAIN
287	287	VEHICLES. The department may extend the time within which the
288	288	resident owner of a vehicle that is not in this state when an
289	289	inspection is required must obtain an inspection [certificate] in
290	290	this state.
291	291	SECTION 21. Sections 548.104(b), (c), (d), and (e),
292	292	Transportation Code, are amended to read as follows:
293	293	(b) An inspection station or inspector may issue an
294	294	inspection certificate and submit a passing report for the vehicle
295	295	to the department's inspection database only if the vehicle is
296	296	inspected and found to be in proper and safe condition and to comply
297	297	with this chapter and the rules adopted under this chapter.
298	298	(c) An inspection station or inspector may inspect only the
299	299	equipment required to be inspected by Section 548.051 and may not:
300	300	(1) falsely and fraudulently represent to an applicant
301	301	that equipment required to be inspected must be repaired, adjusted,
302	302	or replaced before the vehicle will pass inspection; or
303	303	(2) require an applicant to have another part of the
304	304	vehicle or other equipment inspected as a prerequisite for issuance
305	305	of an inspection certificate and submission of a passing report for
306	306	the vehicle to the department's inspection database.
307	307	(d) An inspection station or inspector may not issue an
308	308	inspection certificate or submit a passing report for the vehicle
309	309	to the department's inspection database for a vehicle equipped
310	310	with:
311	311	(1) a carburetion device permitting the use of
312	312	liquefied gas alone or interchangeably with another fuel, unless a
313	313	valid liquefied gas tax decal issued by the comptroller is attached
314	314	to the lower right-hand corner of the front windshield of the
315	315	vehicle on the passenger side; or
316	316	(2) a sunscreening device prohibited by Section
317	317	547.613, except that the department by rule shall provide
318	318	procedures for issuance of an inspection certificate for a vehicle
319	319	exempt under Section 547.613(c).
320	320	(e) The department shall adopt rules relating to inspection
321	321	of, [and] issuance of an inspection certificate for, and submission
322	322	of a report to the department's inspection database for a moped.
323	323	SECTION 22. Section 548.105, Transportation Code, is
324	324	amended to read as follows:
325	325	Sec. 548.105. EVIDENCE OF FINANCIAL RESPONSIBILITY AS
326	326	PREREQUISITE TO ISSUANCE OF INSPECTION CERTIFICATE. (a) An
327	327	inspection station or inspector may not issue an inspection
328	328	certificate or submit a passing report to the department's
329	329	inspection database for a vehicle unless the owner or operator
330	330	furnishes evidence of financial responsibility at the time of
331	331	inspection. Evidence of financial responsibility may be shown in
332	332	the manner specified under Section 601.053(a). A personal
333	333	automobile insurance policy used as evidence of financial
334	334	responsibility must be written for a term of 30 days or more as
335	335	required by Article 5.06, Insurance Code.
336	336	(b) An inspection station is not liable to a person,
337	337	including a third party, for issuing an inspection certificate or
338	338	submitting a passing report to the department's inspection database
339	339	in reliance on evidence of financial responsibility furnished to
340	340	the station. An inspection station that is the seller of a motor
341	341	vehicle may rely on an oral insurance binder.
342	342	SECTION 23. The heading to Subchapter E, Chapter 548,
343	343	Transportation Code, is amended to read as follows:
344	344	SUBCHAPTER E. ISSUANCE, RECORDING, AND PROOF OF INSPECTION
345	345	CERTIFICATES [AND VERIFICATION FORMS]
346	346	SECTION 24. Section 548.251, Transportation Code, is
347	347	amended to read as follows:
348	348	Sec. 548.251. DEPARTMENT TO MAINTAIN DATABASE [PROVIDE
349	349	INSPECTION CERTIFICATES AND VERIFICATION FORMS]. The department
350	350	shall maintain an electronic database to which inspection stations
351	351	may electronically submit the information required by Section
352	352	548.253 [provide serially numbered inspection certificates and
353	353	verification forms to inspection stations. The department may
354	354	issue a unique inspection certificate for:
355	355	[(1) a commercial motor vehicle inspected under
356	356	Section 548.201; or
357	357	[(2) a vehicle inspected under Subchapter F].
358	358	SECTION 25. Section 548.252, Transportation Code, is
359	359	amended to read as follows:
360	360	Sec. 548.252. ISSUANCE [SAFEKEEPING AND CONTROL] OF
361	361	INSPECTION CERTIFICATES [AND VERIFICATION FORMS]. (a) The
362	362	department by rule shall require an inspection station to issue an
363	363	inspection certificate to the owner or operator of each vehicle
364	364	inspected by the station that passes the inspections required by
365	365	this chapter.
366	366	(b) The department may adopt rules regarding the issuance of
367	367	inspection certificates, including rules providing for [On being
368	368	licensed, an inspector or owner of an inspection station shall:
369	369	[(1) provide for] the format and safekeeping of the
370	370	[inspection] certificates [and verification forms;
371	371	[(2) safeguard the certificates and forms against
372	372	theft, loss, or damage;
373	373	[(3) control the sequence of issuance of the
374	374	certificates and forms; and
375	375	[(4) ensure that the certificates and forms are issued
376	376	in accordance with department rules].
377	377	(c) The department shall provide to inspection stations
378	378	equipment and supplies necessary to comply with this section.
379	379	SECTION 26. Section 548.253, Transportation Code, is
380	380	amended to read as follows:
381	381	Sec. 548.253. INFORMATION TO BE SUBMITTED [RECORDED] ON
382	382	COMPLETION [ISSUANCE] OF INSPECTION [CERTIFICATE AND VERIFICATION
383	383	FORM]. An inspection station or inspector, on completion of
384	384	[issuing] an inspection [certificate and verification form], shall
385	385	electronically submit to the department's inspection database:
386	386	(1) the vehicle identification number of the inspected
387	387	vehicle and an indication of whether the vehicle passed the
388	388	inspections required by this chapter [make a record and report as
389	389	prescribed by the department of the inspection and certificate
390	390	issued]; and
391	391	(2) any additional [include in the inspection
392	392	certificate and verification form the] information required by rule
393	393	by the department for the type of vehicle inspected.
394	394	SECTION 27. Section 548.254, Transportation Code, is
395	395	amended to read as follows:
396	396	Sec. 548.254. VALIDITY OF INSPECTION CERTIFICATE. An
397	397	inspection certificate is invalid after the end of the 12th month
398	398	following the month in which the certificate is issued. [An unused
399	399	inspection certificate representing a previous inspection period
400	400	may not be issued after the beginning of the next period.]
401	401	SECTION 28. Section 548.256, Transportation Code, is
402	402	amended to read as follows:
403	403	Sec. 548.256. PROOF OF INSPECTION [VERIFICATION FORM]
404	404	REQUIRED TO REGISTER VEHICLE. [(a)] Before a vehicle [that is
405	405	brought into this state by a person other than a manufacturer or
406	406	importer] may be registered, the Texas Department of Motor Vehicles
407	407	or the county assessor-collector registering the vehicle shall
408	408	verify that the vehicle has a passing report in the department's
409	409	inspection database. If the database report is not available, the
410	410	owner of the vehicle may present an inspection certificate issued
411	411	for the vehicle [, the owner must have the vehicle inspected and
412	412	have the inspection station record the following information on a
413	413	verification form prescribed and provided by the department:
414	414	[(1) the vehicle identification number;
415	415	[(2) the number appearing on the odometer of the
416	416	vehicle at the time of the inspection, if the vehicle has an
417	417	odometer; and
418	418	[(3) other information the department requires].
419	419	[(b) An inspection station may not issue the verification
420	420	form unless the vehicle complies with the inspection requirements
421	421	of this chapter.]
422	422	SECTION 29. Section 548.258(b), Transportation Code, is
423	423	amended to read as follows:
424	424	(b) The department may adopt rules to require an inspection
425	425	station to use the state electronic Internet portal to[:
426	426	[(1) purchase inspection certificates; or
427	427	[(2)] send to the department a record, report, or
428	428	other information required by the department.
429	429	SECTION 30. Section 548.301(c), Transportation Code, is
430	430	amended to read as follows:
431	431	(c) A program established under this section must
432	432	[Subsection (b) or (b-1) may] include registration and
433	433	reregistration-based enforcement.
434	434	SECTION 31. Section 548.302, Transportation Code, is
435	435	amended to read as follows:
436	436	Sec. 548.302. COMMISSION TO ADOPT STANDARDS AND
437	437	REQUIREMENTS. The commission shall:
438	438	(1) adopt standards for emissions-related inspection
439	439	criteria consistent with requirements of the United States and the
440	440	conservation commission applicable to a county in which a program
441	441	is established under this subchapter; and
442	442	(2) develop and impose requirements necessary to
443	443	ensure that an inspection certificate is not issued to a vehicle
444	444	subject to a program established under this subchapter, and that a
445	445	passing report is not submitted to the department's inspection
446	446	database for the vehicle, unless the vehicle has passed a motor
447	447	vehicle emissions inspection at a facility authorized and certified
448	448	by the department.
449	449	SECTION 32. Section 548.304, Transportation Code, is
450	450	amended to read as follows:
451	451	Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS
452	452	INSPECTIONS. [(a)] The department may authorize and certify
453	453	inspection stations as necessary to implement the
454	454	emissions-related inspection requirements of the motor vehicle
455	455	emissions inspection and maintenance program established under
456	456	this subchapter if the station meets the department's certification
457	457	requirements.
458	458	[(b) The department shall provide inspection certificates
459	459	for distribution and issuance at inspection stations certified by
460	460	the department.]
461	461	SECTION 33. Section 548.401, Transportation Code, is
462	462	amended to read as follows:
463	463	Sec. 548.401. CERTIFICATION GENERALLY. A person may
464	464	perform an inspection, [or] issue an inspection certificate, or
465	465	submit a report to the department's inspection database only if
466	466	certified to do so by the department under rules adopted by the
467	467	department.
468	468	SECTION 34. Section 548.407(d), Transportation Code, is
469	469	amended to read as follows:
470	470	(d) The department may provide that a revocation or
471	471	suspension takes effect on receipt of notice under Subsection (b)
472	472	if the department finds that the action is necessary to prevent or
473	473	remedy a threat to public health, safety, or welfare. Violations
474	474	that present a threat to public health, safety, or welfare include:
475	475	(1) issuing an inspection certificate or submitting a
476	476	report to the department's inspection database with knowledge that
477	477	the issuance or submission is in violation of this chapter or rules
478	478	adopted under this chapter;
479	479	(2) falsely or fraudulently representing to the owner
480	480	or operator of a vehicle that equipment inspected or required to be
481	481	inspected must be repaired, adjusted, or replaced for the vehicle
482	482	to pass an inspection;
483	483	(3) issuing an inspection certificate or submitting a
484	484	report to the department's inspection database:
485	485	(A) without authorization to issue the
486	486	certificate or submit the report; or
487	487	(B) without inspecting the vehicle;
488	488	(4) issuing an inspection certificate or submitting a
489	489	passing report to the department's inspection database for a
490	490	vehicle with knowledge that the vehicle has not been repaired,
491	491	adjusted, or corrected after an inspection has shown a repair,
492	492	adjustment, or correction to be necessary;
493	493	(5) knowingly issuing an inspection certificate or
494	494	submitting a passing report to the department's inspection
495	495	database:
496	496	(A) for a vehicle without conducting an
497	497	inspection of each item required to be inspected; or
498	498	(B) for a vehicle that is missing an item
499	499	required to be inspected or that has an item required to be
500	500	inspected that is not in compliance with state law or department
501	501	rules;
502	502	(6) refusing to allow a vehicle's owner to have a
503	503	qualified person of the owner's choice make a required repair,
504	504	adjustment, or correction;
505	505	(7) charging for an inspection an amount greater than
506	506	the authorized fee;
507	507	(8) a violation of Subchapter F;
508	508	(9) a violation of Section 548.603; or
509	509	(10) a conviction of a felony or a Class A or B
510	510	misdemeanor that directly relates to or affects the duties or
511	511	responsibilities of a vehicle inspection station or inspector or a
512	512	conviction of a similar crime under the jurisdiction of another
513	513	state or the federal government.
514	514	SECTION 35. Section 548.501, Transportation Code, is
515	515	amended to read as follows:
516	516	Sec. 548.501. INSPECTION FEES GENERALLY. (a) Except as
517	517	provided by Sections 548.503 and 548.504, each inspection station
518	518	shall set a reasonable maximum [the] fee for inspection of a motor
519	519	vehicle [other than a moped is $12.50. The fee for inspection of a
520	520	moped is $5.75. The fee for a verification form issued as required
521	521	by Section 548.256 is $1].
522	522	(b) Out of each fee for an inspection $5.50 shall be
523	523	remitted to the state under Section 548.509 [An inspection station
524	524	shall pay to the department $5.50 of each fee for an inspection.
525	525	The department may require the station to make an advance payment of
526	526	$5.50 for each inspection certificate provided to the station. If
527	527	advance payment is made:
528	528	[(1) no further payment may be required on issuance of
529	529	a certificate;
530	530	[(2) the inspection station may waive the fee due from
531	531	the owner of an inspected vehicle who is issued a certificate to
532	532	which the advance payment applies;
533	533	[(3) the department shall refund to the inspection
534	534	station $5.50 for each unissued certificate that the station
535	535	returns to the department in accordance with department rules; and
536	536	[(4) the conservation commission shall pay to the
537	537	department $2 for each unissued certificate that the station
538	538	returns to the department].
539	539	(c) If the maximum inspection fee set by the inspection
540	540	station exceeds the recommended maximum inspection fee set by the
541	541	commission under Subsection (e), the inspection station must
542	542	provide written notice to the commission of the inspection
543	543	station's maximum inspection fee.
544	544	(d) After receiving written notice under Subsection (c),
545	545	the commission may review an inspection station's maximum
546	546	inspection fee to determine whether it is reasonable. In
547	547	determining whether a maximum inspection fee charged by an
548	548	inspection station is reasonable, the commission may consider the
549	549	resources required by the inspection station to perform the
550	550	station's inspection duties under state and federal law. If the
551	551	commission determines that an inspection fee is not reasonable, the
552	552	commission may require the inspection station to reduce the amount
553	553	of the maximum inspection fee the station charges.
554	554	(e) The commission by rule shall establish a statewide
555	555	recommended maximum inspection fee that an inspection station may
556	556	charge for inspection of a motor vehicle. The recommended maximum
557	557	inspection fee may not exceed $17.50.
558	558	SECTION 36. Section 548.502, Transportation Code, is
559	559	amended to read as follows:
560	560	Sec. 548.502. INSPECTION BY POLITICAL SUBDIVISION OR STATE
561	561	AGENCY. A political subdivision or state agency for which the
562	562	department certifies an inspection station under Section 548.004:
563	563	(1) shall pay to the state [department an advance
564	564	payment of] $5.50 for each inspection under Section 548.509
565	565	[certificate provided to it]; and
566	566	(2) may not be required to pay the remainder of the
567	567	[compulsory] inspection fee.
568	568	SECTION 37. Section 548.503, Transportation Code, is
569	569	amended to read as follows:
570	570	Sec. 548.503. INITIAL TWO-YEAR INSPECTION OF PASSENGER CAR
571	571	OR LIGHT TRUCK. (a) The fee for inspection of a passenger car or
572	572	light truck under Section 548.102 shall be set by the department by
573	573	rule on or before September 1 of each year. A fee set by the
574	574	department under this subsection must be based on the costs of
575	575	[producing certificates,] providing inspections[,] and
576	576	administering the program, but may not be less than $21.75.
577	577	(b) Out of each fee for an inspection under this section
578	578	$14.75 shall be remitted to the state under Section 548.509. [The
579	579	department shall require an inspection station to make an advance
580	580	payment of $14.75 for a certificate to be issued under this section.
581	581	Additional payment may not be required of the station for the
582	582	certificate. The inspection station may waive the fee due from the
583	583	owner of the vehicle inspected. A refund for an unissued
584	584	certificate shall be made in the same manner as provided for other
585	585	certificate refunds.]
586	586	SECTION 38. Section 548.504(b), Transportation Code, is
587	587	amended to read as follows:
588	588	(b) Out of each fee for inspection of a commercial motor
589	589	vehicle $10 shall be remitted to the department under Section
590	590	548.509 [The inspection station shall pay to the department $10 of
591	591	each fee for inspection of a commercial motor vehicle. The
592	592	department may require the station to make an advance payment of $10
593	593	for a certificate to be issued under this section. If advance
594	594	payment is made:
595	595	[(1) no additional payment may be required of the
596	596	station for the certificate; and
597	597	[(2) a refund for an unissued certificate shall be
598	598	made in the same manner as provided for other certificate refunds].
599	599	SECTION 39. Section 548.505(a), Transportation Code, is
600	600	amended to read as follows:
601	601	(a) The department by rule may impose an inspection fee for
602	602	a vehicle inspected under Section 548.301(a) in addition to the fee
603	603	provided by Section 548.501, 548.502, 548.503, or 548.504. A fee
604	604	imposed under this subsection must be based on the costs of:
605	605	(1) [producing certificates;
606	606	[(2)] providing inspections; and
607	607	(2) [(3)] administering the program.
608	608	SECTION 40. Section 548.508, Transportation Code, is
609	609	amended to read as follows:
610	610	Sec. 548.508. DISPOSITION OF FEES. Except as provided by
611	611	Sections 382.0622 and 382.202, Health and Safety Code, and Section
612	612	548.5055, each fee remitted to the comptroller [collected by the
613	613	department] under this subchapter shall be deposited to the credit
614	614	of the Texas mobility fund.
615	615	SECTION 41. Subchapter H, Chapter 548, Transportation Code,
616	616	is amended by adding Section 548.509 to read as follows:
617	617	Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. The
618	618	Texas Department of Motor Vehicles or a county assessor-collector
619	619	that registers a motor vehicle that is subject to an inspection fee
620	620	under this chapter shall collect at the time of registration of the
621	621	motor vehicle the portion of the inspection fee that is required to
622	622	be remitted to the state. The Texas Department of Motor Vehicles or
623	623	the county assessor-collector shall remit the fee to the
624	624	comptroller.
625	625	SECTION 42. Subchapter H, Chapter 548, Transportation Code,
626	626	is amended by adding Section 548.510 to read as follows:
627	627	Sec. 548.510. SIGNS DISPLAYING FEES. An inspection station
628	628	shall post, in an area of the station that is accessible to and
629	629	frequented by the public, a sign or placard stating:
630	630	(1) the maximum fee the inspection station may charge
631	631	for a vehicle safety inspection; and
632	632	(2) the maximum fee the inspection station may charge
633	633	for an emissions test, if required.
634	634	SECTION 43. Section 548.601(a), Transportation Code, is
635	635	amended to read as follows:
636	636	(a) A person, including an inspector or an inspection
637	637	station, commits an offense if the person:
638	638	(1) issues an inspection certificate or submits a
639	639	report to the department's inspection database with knowledge that
640	640	the issuance or submission is in violation of this chapter or rules
641	641	adopted under this chapter;
642	642	(2) falsely or fraudulently represents to the owner or
643	643	operator of a vehicle that equipment inspected or required to be
644	644	inspected must be repaired, adjusted, or replaced for the vehicle
645	645	to pass an inspection;
646	646	(3) misrepresents:
647	647	(A) material information in an application in
648	648	violation of Section 548.402 or 548.403; or
649	649	(B) information filed with the department under
650	650	this chapter or as required by department rule;
651	651	(4) issues an inspection certificate or submits a
652	652	report to the department's inspection database:
653	653	(A) without authorization to issue the
654	654	certificate or submit the report; or
655	655	(B) without inspecting the vehicle;
656	656	(5) issues an inspection certificate or submits a
657	657	passing report to the department's inspection database for a
658	658	vehicle with knowledge that the vehicle has not been repaired,
659	659	adjusted, or corrected after an inspection has shown a repair,
660	660	adjustment, or correction to be necessary;
661	661	(6) knowingly issues an inspection certificate or
662	662	submits a passing report to the department's inspection database:
663	663	(A) for a vehicle without conducting an
664	664	inspection of each item required to be inspected; or
665	665	(B) for a vehicle that is missing an item
666	666	required to be inspected or that has an item required to be
667	667	inspected that is not in compliance with state law or department
668	668	rules;
669	669	(7) refuses to allow a vehicle's owner to have a
670	670	qualified person of the owner's choice make a required repair,
671	671	adjustment, or correction;
672	672	(8) charges for an inspection an amount greater than
673	673	the authorized fee; or
674	674	(9) performs an act prohibited by or fails to perform
675	675	an act required by this chapter or a rule adopted under this
676	676	chapter.
677	677	SECTION 44. Sections 548.603(a), (b), and (c),
678	678	Transportation Code, are amended to read as follows:
679	679	(a) A person commits an offense if the person:
680	680	(1) presents [displays or causes or permits to be
681	681	displayed] an inspection certificate or insurance document knowing
682	682	that the certificate or document is counterfeit, tampered with,
683	683	altered, fictitious, issued for another vehicle, [issued for a
684	684	vehicle failing to meet all emissions inspection requirements,] or
685	685	issued in violation of:
686	686	(A) this chapter, rules adopted under this
687	687	chapter, or other law of this state; or
688	688	(B) a law of another state, the United States,
689	689	the United Mexican States, a state of the United Mexican States,
690	690	Canada, or a province of Canada;
691	691	(2) [transfers an inspection certificate from a
692	692	windshield or location to another windshield or location;
693	693	[(3)] with intent to circumvent the emissions
694	694	inspection requirements seeks an inspection of a vehicle at a
695	695	station not certified to perform an emissions inspection if the
696	696	person knows that the vehicle is required to be inspected under
697	697	Section 548.301; or
698	698	(3) [(4)] knowingly does not comply with an emissions
699	699	inspection requirement for a vehicle[; or
700	700	[(5) displays on a vehicle an inspection certificate
701	701	that was obtained knowing that the vehicle does not meet all
702	702	emissions inspection requirements for the vehicle].
703	703	(b) A person commits an offense if the person:
704	704	(1) makes or possesses, with the intent to sell,
705	705	circulate, or pass, a counterfeit inspection certificate or
706	706	insurance document; or
707	707	(2) possesses any part of a stamp, dye, plate,
708	708	negative, machine, or other device that is used or designated for
709	709	use in making a counterfeit [inspection certificate or] insurance
710	710	document.
711	711	(c) The owner of a vehicle commits an offense if the owner
712	712	knowingly allows the vehicle to be registered using as proof of
713	713	compliance with this chapter [or operated while the vehicle
714	714	displays] an inspection certificate described by [in violation of]
715	715	Subsection (a).
716	716	SECTION 45. Section 548.6035(a), Transportation Code, is
717	717	amended to read as follows:
718	718	(a) A person commits an offense if, in connection with a
719	719	required emissions inspection of a motor vehicle, the person
720	720	knowingly:
721	721	(1) submits a passing report to the department's
722	722	inspection database [places or causes to be placed on a motor
723	723	vehicle an inspection certificate,] if:
724	724	(A) the vehicle does not meet the emissions
725	725	requirements established by the department; or
726	726	(B) the person has not inspected the vehicle;
727	727	(2) manipulates an emissions test result;
728	728	(3) uses or causes to be used emissions data from
729	729	another motor vehicle as a substitute for the motor vehicle being
730	730	inspected; or
731	731	(4) bypasses or circumvents a fuel cap test.
732	732	SECTION 46. Section 623.011(d), Transportation Code, is
733	733	amended to read as follows:
734	734	(d) When the department issues a permit under this section,
735	735	the department shall issue a sticker to be placed on the front
736	736	windshield of the vehicle [above the inspection certificate issued
737	737	to the vehicle]. The department shall design the form of the
738	738	sticker to aid in the enforcement of weight limits for vehicles.
739	739	SECTION 47. Section 683.051, Transportation Code, is
740	740	amended to read as follows:
741	741	Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF
742	742	CERTAIN MOTOR VEHICLES. A person may apply to the department for
743	743	authority:
744	744	(1) to sell, give away, or dispose of a motor vehicle
745	745	to a motor vehicle demolisher if:
746	746	(A) the person owns the motor vehicle and the
747	747	certificate of title to the vehicle is lost, destroyed, or faulty;
748	748	or
749	749	(B) the vehicle is an abandoned motor vehicle and
750	750	is:
751	751	(i) in the possession of the person; or
752	752	(ii) located on property owned by the
753	753	person; or
754	754	(2) to dispose of a motor vehicle to a motor vehicle
755	755	demolisher for demolition, wrecking, or dismantling if:
756	756	(A) the abandoned motor vehicle:
757	757	(i) is in the possession of the person;
758	758	(ii) is more than eight years old;
759	759	(iii) either has no motor or is otherwise
760	760	totally inoperable or does not comply with all applicable air
761	761	pollution emissions control related requirements included in[:
762	762	(aa) the vehicle inspection requirements under Chapter 548, as
763	763	evidenced by a current inspection certificate affixed to the
764	764	vehicle windshield; or (bb)] the vehicle emissions inspection and
765	765	maintenance requirements contained in the Public Safety
766	766	Commission's motor vehicle emissions inspection and maintenance
767	767	program under Subchapter F, Chapter 548, or the state's air quality
768	768	state implementation plan; and
769	769	(iv) was authorized to be towed by a law
770	770	enforcement agency; and
771	771	(B) the law enforcement agency approves the
772	772	application.
773	773	SECTION 48. Section 683.071, Transportation Code, as
774	774	amended by Chapters 720 (H.B. 787) and 753 (H.B. 1376), Acts of the
775	775	82nd Legislature, Regular Session, 2011, is reenacted and amended
776	776	to read as follows:
777	777	Sec. 683.071. DEFINITION AND APPLICABILITY. (a) In this
778	778	subchapter, "junked vehicle" means a vehicle that:
779	779	(1) is self-propelled; and
780	780	(2) is:
781	781	(A) wrecked, dismantled or partially dismantled,
782	782	or discarded; or
783	783	(B) inoperable and has remained inoperable for
784	784	more than:
785	785	(i) 72 consecutive hours, if the vehicle is
786	786	on public property; or
787	787	(ii) 30 consecutive days, if the vehicle is
788	788	on private property.
789	789	(b) For purposes of this subchapter, "junked vehicle"
790	790	includes a motor vehicle, aircraft, or watercraft. This subchapter
791	791	applies only to:
792	792	(1) a motor vehicle that displays an expired license
793	793	plate [or invalid motor vehicle inspection certificate] or does not
794	794	display a license plate [or motor vehicle inspection certificate];
795	795	(2) an aircraft that does not have lawfully printed on
796	796	the aircraft an unexpired federal aircraft identification number
797	797	registered under Federal Aviation Administration aircraft
798	798	registration regulations in 14 C.F.R. Part 47; or
799	799	(3) a watercraft that:
800	800	(A) does not have lawfully on board an unexpired
801	801	certificate of number; and
802	802	(B) is not a watercraft described by Section
803	803	31.055, Parks and Wildlife Code.
804	804	SECTION 49. The following statutes are repealed:
805	805	(1) Section 548.053(c), Transportation Code;
806	806	(2) Section 548.255, Transportation Code;
807	807	(3) Section 548.257, Transportation Code;
808	808	(4) Section 548.602, Transportation Code;
809	809	(5) Section 548.603(e)(2), Transportation Code;
810	810	(6) Section 548.603(f), Transportation Code, as added
811	811	by Chapter 1069 (S.B. 1856), Acts of the 75th Legislature, Regular
812	812	Session, 1997; and
813	813	(7) Section 548.605, Transportation Code.
814	814	SECTION 50. Article 45.003, Code of Criminal Procedure,
815	815	Section 103.0213, Government Code, and Sections 521.3465, 548.603,
816	816	and 548.6035, Transportation Code, as amended by this Act, apply
817	817	only to an offense committed on or after January 1, 2015. An offense
818	818	committed before January 1, 2015, is governed by the law in effect
819	819	on the date the offense was committed, and the former law is
820	820	continued in effect for that purpose. For purposes of this section,
821	821	an offense was committed before January 1, 2015, if any element of
822	822	the offense occurred before that date.
823	823	SECTION 51. (a) Not later than January 1, 2014, the Texas
824	824	Department of Motor Vehicles, the Texas Department of Public
825	825	Safety, and the Texas Commission on Environmental Quality shall
826	826	adopt rules necessary to implement the changes in law made by this
827	827	Act.
828	828	(b) Not later than January 1, 2014, the Department of Public
829	829	Safety shall create the database described by Section 548.251,
830	830	Transportation Code, as amended by this Act, and require inspection
831	831	stations to submit to the database the information required by
832	832	Section 548.253, Transportation Code, as amended by this Act.
833	833	SECTION 52. (a) Except as otherwise provided by Subsection
834	834	(b) of this section, this Act takes effect January 1, 2015.
835	835	(b) Section 51 of this Act takes effect September 1, 2013.