Texas 2013 - 83rd Regular

Texas Senate Bill SB1350 Compare Versions

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1	1	By: West, et al. S.B. No. 1350
2	2	(Harper-Brown)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the motor vehicle inspection program; creating an
8	8	offense; changing the collection method for certain fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 45.003, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 45.003. DEFINITION FOR CERTAIN PROSECUTIONS. For
13	13	purposes of dismissing a charge under Section 502.407 [or 548.605],
14	14	Transportation Code, "day" does not include Saturday, Sunday, or a
15	15	legal holiday.
16	16	SECTION 2. Subsection (d), Section 51.207, Education Code,
17	17	is amended to read as follows:
18	18	(d) This subsection applies only to a public institution of
19	19	higher education campus that is not covered by Subsection (b). The
20	20	institution may not issue a permit to a student of the institution
21	21	for driving or parking a motor vehicle on institutional property
22	22	unless the institution provides written notice to the student that
23	23	failure to register the vehicle in this state [or to display a
24	24	current and appropriate inspection certificate issued under
25	25	Chapter 548, Transportation Code,] may violate state law if the
26	26	owner of the vehicle resides in this state.
27	27	SECTION 3. Section 103.0213, Government Code, is amended to
28	28	read as follows:
29	29	Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
30	30	CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
31	31	party to a civil suit, as applicable, shall pay the following fees
32	32	and costs under the Transportation Code if ordered by the court or
33	33	otherwise required:
34	34	(1) administrative fee on dismissal of charge of
35	35	driving with an expired motor vehicle registration (Sec. 502.407,
36	36	Transportation Code) . . . not to exceed $20;
37	37	(2) administrative fee on dismissal of charge of
38	38	driving with an expired driver's license (Sec. 521.026,
39	39	Transportation Code) . . . not to exceed $20;
40	40	(3) [administrative fee on remediation of charge of
41	41	driving with an expired inspection certificate (Sec. 548.605,
42	42	Transportation Code) . . . not to exceed $20;
43	43	[(4)] administrative fee for failure to appear for a
44	44	complaint or citation on certain offenses (Sec. 706.006,
45	45	Transportation Code) . . . $30 for each violation; and
46	46	(4) [(5)] administrative fee for failure to pay or
47	47	satisfy certain judgments (Sec. 706.006, Transportation Code)
48	48	. . . $30.
49	49	SECTION 4. Subsection (a), Section 382.0622, Health and
50	50	Safety Code, is amended to read as follows:
51	51	(a) Clean Air Act fees consist of:
52	52	(1) fees collected by the commission under Sections
53	53	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
54	54	by law;
55	55	(2) $2 of each fee [advance payment] collected for
56	56	inspections of [by the Department of Public Safety for inspection
57	57	certificates for] vehicles other than mopeds under Section 548.501,
58	58	Transportation Code; and
59	59	(3) fees collected that are required under Section 185
60	60	of the federal Clean Air Act (42 U.S.C. Section 7511d).
61	61	SECTION 5. Subsections (d) and (l), Section 382.202, Health
62	62	and Safety Code, are amended to read as follows:
63	63	(d) On adoption of a resolution by the commission and after
64	64	proper notice, the Department of Public Safety of the State of Texas
65	65	shall implement a system that requires, as a condition of obtaining
66	66	a passing vehicle [safety] inspection report [certificate] issued
67	67	under Subchapter C, Chapter 548, Transportation Code, in a county
68	68	that is included in a vehicle emissions inspection and maintenance
69	69	program under Subchapter F of that chapter, that the vehicle,
70	70	unless the vehicle is not covered by the system, be annually or
71	71	biennially inspected under the vehicle emissions inspection and
72	72	maintenance program as required by the state's air quality state
73	73	implementation plan. The Department of Public Safety shall
74	74	implement such a system when it is required by any provision of
75	75	federal or state law, including any provision of the state's air
76	76	quality state implementation plan.
77	77	(l) Except as provided by this subsection, a person who
78	78	sells or transfers ownership of a motor vehicle for which a passing
79	79	vehicle [emissions] inspection report [certificate] has been
80	80	issued is not liable for the cost of emission control system repairs
81	81	that are required for the vehicle subsequently to receive a passing
82	82	report [an emissions inspection certificate]. This subsection does
83	83	not apply to repairs that are required because emission control
84	84	equipment or devices on the vehicle were removed or tampered with
85	85	before the sale or transfer of the vehicle.
86	86	SECTION 6. Subsection (d), Section 382.205, Health and
87	87	Safety Code, is amended to read as follows:
88	88	(d) The Department of Public Safety of the State of Texas by
89	89	rule shall adopt:
90	90	(1) testing procedures in accordance with motor
91	91	vehicle emissions testing equipment specifications; and
92	92	(2) procedures for issuing a vehicle [or denying an
93	93	emissions] inspection report following an emissions inspection and
94	94	submitting information to the inspection database described by
95	95	Section 548.251, Transportation Code, following an emissions
96	96	inspection [certificate].
97	97	SECTION 7. Subsections (b) and (d), Section 382.220, Health
98	98	and Safety Code, are amended to read as follows:
99	99	(b) A program under this section must be implemented in
100	100	consultation with the commission and may include a program to:
101	101	(1) expand and enhance the AirCheck Texas Repair and
102	102	Replacement Assistance Program;
103	103	(2) develop and implement programs or systems that
104	104	remotely determine vehicle emissions and notify the vehicle's
105	105	operator;
106	106	(3) develop and implement projects to implement the
107	107	commission's smoking vehicle program;
108	108	(4) develop and implement projects in consultation
109	109	with the director of the Department of Public Safety for
110	110	coordinating with local law enforcement officials to reduce the use
111	111	of counterfeit registration insignia and vehicle inspection
112	112	reports [state inspection stickers] by providing local law
113	113	enforcement officials with funds to identify vehicles with
114	114	counterfeit registration insignia and vehicle inspection reports
115	115	[state inspection stickers] and to carry out appropriate actions;
116	116	(5) develop and implement programs to enhance
117	117	transportation system improvements; or
118	118	(6) develop and implement new air control strategies
119	119	designed to assist local areas in complying with state and federal
120	120	air quality rules and regulations.
121	121	(d) Fees collected under Sections 382.202 and 382.302 may be
122	122	used, in an amount not to exceed $5 million per fiscal year, for
123	123	projects described by Subsection (b). The fees shall be made
124	124	available only to counties participating in the low-income vehicle
125	125	repair assistance, retrofit, and accelerated vehicle retirement
126	126	programs created under Section 382.209 and only on a matching
127	127	basis, whereby the commission provides money to a county in the same
128	128	amount that the county dedicates to a project authorized by
129	129	Subsection (b). The commission may reduce the match requirement
130	130	for a county that proposes to develop and implement independent
131	131	test facility fraud detection programs, including the use of remote
132	132	sensing technology for coordinating with law enforcement officials
133	133	to detect, prevent, and prosecute the use of counterfeit
134	134	registration insignia and vehicle inspection reports [state
135	135	inspection stickers].
136	136	SECTION 8. Subsections (d) and (e), Section 2308.253,
137	137	Occupations Code, are amended to read as follows:
138	138	(d) Except as provided by a contract described by Subsection
139	139	(e), a parking facility owner may not have a vehicle removed from
140	140	the parking facility merely because the vehicle does not display[:
141	141	[(1)] an unexpired license plate or registration
142	142	insignia issued for the vehicle under Chapter 502, Transportation
143	143	Code, or the vehicle registration law of another state or country[;
144	144	or
145	145	[(2) a valid vehicle inspection certificate issued
146	146	under Chapter 548, Transportation Code, or the vehicle inspection
147	147	law of another state or country].
148	148	(e) A contract provision providing for the removal from a
149	149	parking facility of a vehicle that does not display an unexpired
150	150	license plate or registration insignia [or a valid inspection
151	151	certificate] is valid only if the provision requires the owner or
152	152	operator of the vehicle to be given at least 10 days' written notice
153	153	that the vehicle will be towed from the facility at the vehicle
154	154	owner's or operator's expense if it is not removed from the parking
155	155	facility. The notice must be:
156	156	(1) delivered in person to the owner or operator of the
157	157	vehicle; or
158	158	(2) sent by certified mail, return receipt requested,
159	159	to that owner or operator.
160	160	SECTION 9. Subsection (a), Section 501.030, Transportation
161	161	Code, is amended to read as follows:
162	162	(a) Before a motor vehicle that was last registered or
163	163	titled in another state or country may be titled in this state, [the
164	164	applicant must furnish] the county assessor-collector shall verify
165	165	that the vehicle has passed the inspections required by Chapter
166	166	548, as indicated in the Department of Public Safety's inspection
167	167	database under Section 548.251 [with a verification form under
168	168	Section 548.256].
169	169	SECTION 10. The heading to Section 502.0023, Transportation
170	170	Code, is amended to read as follows:
171	171	Sec. 502.0023. [EXTENDED] REGISTRATION OF COMMERCIAL FLEET
172	172	VEHICLES.
173	173	SECTION 11. Subsections (a) and (b), Section 502.0023,
174	174	Transportation Code, are amended to read as follows:
175	175	(a) The [Notwithstanding Section 502.044(c), the]
176	176	department shall develop and implement a system of registration to
177	177	allow an owner of a commercial fleet to register the motor vehicles,
178	178	semitrailers, and trailers in the commercial fleet [for an extended
179	179	registration period of not less than one year or more than eight
180	180	years. The owner may select the number of years for registration
181	181	under this section within that range and register the commercial
182	182	fleet for that period. Payment for all registration fees for the
183	183	entire registration period selected is due at the time of
184	184	registration].
185	185	(b) A system of fleet [extended] registration under this
186	186	section must allow the owner of a commercial fleet to register:
187	187	(1) an entire commercial fleet in the county of the
188	188	owner's residence or principal place of business; or
189	189	(2) the motor vehicles in a commercial fleet that are
190	190	operated most regularly in the same county.
191	191	SECTION 12. Section 502.047, Transportation Code, is
192	192	amended to read as follows:
193	193	Sec. 502.047. REGISTRATION-BASED ENFORCEMENT OF MOTOR
194	194	VEHICLE [EMISSIONS] INSPECTION [AND MAINTENANCE] REQUIREMENTS.
195	195	(a) The department and the Department of Public Safety shall
196	196	ensure compliance with the motor vehicle inspection requirements
197	197	under Chapter 548, including compliance with the motor vehicle
198	198	emissions inspection and maintenance program under Subchapter F of
199	199	that chapter, through a vehicle registration-based enforcement
200	200	system [inspection sticker-based enforcement system except as
201	201	provided by this section or Section 548.3011. Subsections (b)-(e)
202	202	apply only if the United States Environmental Protection Agency
203	203	determines that the state has not demonstrated, as required by 40
204	204	C.F.R. Section 51.361, that sticker-based enforcement of the
205	205	program is more effective than registration-based enforcement and
206	206	gives the Texas Commission on Environmental Quality or the governor
207	207	written notification that the reregistration-based enforcement of
208	208	the program, as described by those subsections, will be required.
209	209	If Subsections (b)-(e) are made applicable as provided by this
210	210	subsection, the department shall terminate reregistration-based
211	211	enforcement of the program under those subsections on the date the
212	212	United States Environmental Protection Agency gives the Texas
213	213	Commission on Environmental Quality or a person the commission
214	214	designates written notification that reregistration-based
215	215	enforcement is not required for the state implementation plan].
216	216	(b) A motor vehicle may not be registered if the department
217	217	receives from the Texas Commission on Environmental Quality or the
218	218	Department of Public Safety notification that the registered owner
219	219	of the vehicle has not complied with [Subchapter F,] Chapter 548.
220	220	(c) A motor vehicle may not be registered if the vehicle was
221	221	denied registration under Subsection (b) unless verification is
222	222	received that the registered vehicle owner is in compliance with
223	223	[Subchapter F,] Chapter 548.
224	224	(d) The department and the Department of Public Safety shall
225	225	enter into an agreement regarding the timely submission by the
226	226	Department of Public Safety of inspection compliance information to
227	227	the department.
228	228	(d-1) The department, the Texas Commission on Environmental
229	229	Quality, and the Department of Public Safety shall enter an
230	230	agreement regarding the responsibilities for costs associated with
231	231	implementing this section.
232	232	(e) A county tax assessor-collector is not liable to any
233	233	person for refusing to register a motor vehicle because of the
234	234	person's failure to provide verification of the person's compliance
235	235	with [Subchapter F,] Chapter 548.
236	236	SECTION 13. Subsection (c), Section 502.059,
237	237	Transportation Code, is amended to read as follows:
238	238	(c) Except as provided by Subsection (f), the registration
239	239	insignia for validation of a license plate shall be attached to the
240	240	inside of the vehicle's windshield, if the vehicle has a
241	241	windshield, in the lower left corner in a manner that will not
242	242	obstruct the vision of the driver [within six inches of the place
243	243	where the motor vehicle inspection sticker is required to be
244	244	placed]. If the vehicle does not have a windshield, the owner, when
245	245	applying for registration or renewal of registration, shall notify
246	246	the department, and the department shall issue a distinctive device
247	247	for attachment to the rear license plate of the vehicle.
248	248	SECTION 14. The heading to Section 521.3465, Transportation
249	249	Code, is amended to read as follows:
250	250	Sec. 521.3465. AUTOMATIC SUSPENSION ON CONVICTION OF
251	251	CERTAIN OFFENSES INVOLVING FICTITIOUS MOTOR VEHICLE LICENSE
252	252	PLATES, REGISTRATION INSIGNIA, OR VEHICLE [SAFETY] INSPECTION
253	253	REPORTS [CERTIFICATES].
254	254	SECTION 15. Subsection (a), Section 521.3465,
255	255	Transportation Code, is amended to read as follows:
256	256	(a) A license is automatically suspended on final
257	257	conviction of the license holder of:
258	258	(1) an offense under Section 502.475(a)(4)
259	259	[502.409(a)(4)]; or
260	260	(2) an offense under Section 548.603(a)(1) that
261	261	involves a fictitious vehicle [safety] inspection report
262	262	[certificate].
263	263	SECTION 16. Subsection (a), Section 521.3466,
264	264	Transportation Code, is amended to read as follows:
265	265	(a) A license is automatically revoked on final conviction
266	266	of the license holder of an offense under Section 37.10, Penal Code,
267	267	if the governmental record was a motor vehicle license plate or
268	268	registration insignia, within the meaning of Chapter 502, or a
269	269	vehicle [safety] inspection report [certificate], within the
270	270	meaning of Chapter 548.
271	271	SECTION 17. Section 548.001, Transportation Code, is
272	272	amended by adding Subdivision (10) to read as follows:
273	273	(10) "Vehicle inspection report" means a report issued
274	274	by an inspector or an inspection station for a vehicle that
275	275	indicates whether the vehicle has passed the safety and, if
276	276	applicable, emissions inspections required by this chapter.
277	277	SECTION 18. Subsection (c), Section 548.004,
278	278	Transportation Code, is amended to read as follows:
279	279	(c) The facility may inspect only a vehicle owned by the
280	280	political subdivision or state agency. [An officer, employee, or
281	281	inspector of the subdivision or agency may not place an inspection
282	282	certificate received from the department under this section on a
283	283	vehicle not owned by the subdivision or agency.]
284	284	SECTION 19. Subsection (a), Section 548.053,
285	285	Transportation Code, is amended to read as follows:
286	286	(a) If an inspection discloses the necessity for
287	287	adjustment, correction, or repair, an inspection station or
288	288	inspector may not issue a passing vehicle inspection report [an
289	289	inspection certificate] until the adjustment, correction, or
290	290	repair is made. The owner of the vehicle may have the adjustment,
291	291	correction, or repair made by a qualified person of the owner's
292	292	choice, subject to reinspection. The vehicle shall be reinspected
293	293	once free of charge within 15 days after the date of the original
294	294	inspection, not including the date the original inspection is made,
295	295	at the same inspection station after the adjustment, correction, or
296	296	repair is made.
297	297	SECTION 20. The heading to Subchapter C, Chapter 548,
298	298	Transportation Code, is amended to read as follows:
299	299	SUBCHAPTER C. PERIODS OF INSPECTION; PREREQUISITES TO ISSUANCE OF
300	300	PASSING VEHICLE INSPECTION REPORT [CERTIFICATE]
301	301	SECTION 21. Section 548.101, Transportation Code, is
302	302	amended to read as follows:
303	303	Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. Except as
304	304	provided by Section 548.102, the department shall require an annual
305	305	inspection. The department shall set the periods of inspection and
306	306	may make rules with respect to those periods. The rules must provide
307	307	that a vehicle owner may obtain an inspection not earlier than 90
308	308	days before the date of expiration of the vehicle's registration.
309	309	SECTION 22. Section 548.103, Transportation Code, is
310	310	amended to read as follows:
311	311	Sec. 548.103. EXTENDED INSPECTION PERIOD FOR CERTAIN
312	312	VEHICLES. The department may extend the time within which the
313	313	resident owner of a vehicle that is not in this state when an
314	314	inspection is required must obtain a vehicle [an] inspection report
315	315	[certificate] in this state.
316	316	SECTION 23. Section 548.104, Transportation Code, is
317	317	amended to read as follows:
318	318	Sec. 548.104. EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE
319	319	OF PASSING VEHICLE INSPECTION REPORT [CERTIFICATE]. (a) The
320	320	commission shall adopt uniform standards of safety applicable to
321	321	each item required to be inspected by Section 548.051. The
322	322	standards and the list of items to be inspected shall be posted in
323	323	each inspection station.
324	324	(b) An inspection station or inspector may issue a passing
325	325	vehicle [an] inspection report [certificate] only if the vehicle is
326	326	inspected and found to be in proper and safe condition and to comply
327	327	with this chapter and the rules adopted under this chapter.
328	328	(c) An inspection station or inspector may inspect only the
329	329	equipment required to be inspected by Section 548.051 and may not:
330	330	(1) falsely and fraudulently represent to an applicant
331	331	that equipment required to be inspected must be repaired, adjusted,
332	332	or replaced before the vehicle will pass inspection; or
333	333	(2) require an applicant to have another part of the
334	334	vehicle or other equipment inspected as a prerequisite for issuance
335	335	of a passing vehicle [an] inspection report [certificate].
336	336	(d) An inspection station or inspector may not issue a
337	337	passing vehicle [an] inspection report [certificate] for a vehicle
338	338	equipped with:
339	339	(1) a carburetion device permitting the use of
340	340	liquefied gas alone or interchangeably with another fuel, unless a
341	341	valid liquefied gas tax decal issued by the comptroller is attached
342	342	to the lower right-hand corner of the front windshield of the
343	343	vehicle on the passenger side; or
344	344	(2) a sunscreening device prohibited by Section
345	345	547.613, except that the department by rule shall provide
346	346	procedures for issuance of a passing vehicle [an] inspection report
347	347	[certificate] for a vehicle exempt under Section 547.613(c).
348	348	(e) The department shall adopt rules relating to inspection
349	349	of and issuance of a vehicle [an] inspection report [certificate]
350	350	for a moped.
351	351	SECTION 24. Section 548.105, Transportation Code, is
352	352	amended to read as follows:
353	353	Sec. 548.105. EVIDENCE OF FINANCIAL RESPONSIBILITY AS
354	354	PREREQUISITE TO ISSUANCE OF PASSING VEHICLE INSPECTION REPORT
355	355	[CERTIFICATE]. (a) An inspection station or inspector may not
356	356	issue a passing vehicle [an] inspection report [certificate] for a
357	357	vehicle unless the owner or operator furnishes evidence of
358	358	financial responsibility at the time of inspection. Evidence of
359	359	financial responsibility may be shown in the manner specified under
360	360	Section 601.053(a). A personal automobile insurance policy used as
361	361	evidence of financial responsibility must be written for a term of
362	362	30 days or more as required by Section 1952.054 [Article 5.06],
363	363	Insurance Code.
364	364	(b) An inspection station is not liable to a person,
365	365	including a third party, for issuing a passing vehicle [an]
366	366	inspection report [certificate] in reliance on evidence of
367	367	financial responsibility furnished to the station. An inspection
368	368	station that is the seller of a motor vehicle may rely on an oral
369	369	insurance binder.
370	370	SECTION 25. The heading to Subchapter E, Chapter 548,
371	371	Transportation Code, is amended to read as follows:
372	372	SUBCHAPTER E. ISSUANCE[, RECORDING, AND PROOF] OF VEHICLE
373	373	INSPECTION REPORTS; SUBMISSION OF INFORMATION TO DEPARTMENT
374	374	DATABASE [CERTIFICATES AND VERIFICATION FORMS]
375	375	SECTION 26. Section 548.251, Transportation Code, is
376	376	amended to read as follows:
377	377	Sec. 548.251. DEPARTMENT TO MAINTAIN DATABASE [PROVIDE
378	378	INSPECTION CERTIFICATES AND VERIFICATION FORMS]. The department
379	379	shall maintain an electronic database to which inspection stations
380	380	may electronically submit the information required by Section
381	381	548.253 [provide serially numbered inspection certificates and
382	382	verification forms to inspection stations. The department may
383	383	issue a unique inspection certificate for:
384	384	[(1) a commercial motor vehicle inspected under
385	385	Section 548.201; or
386	386	[(2) a vehicle inspected under Subchapter F].
387	387	SECTION 27. Section 548.252, Transportation Code, is
388	388	amended to read as follows:
389	389	Sec. 548.252. ISSUANCE [SAFEKEEPING AND CONTROL] OF VEHICLE
390	390	INSPECTION REPORTS [CERTIFICATES AND VERIFICATION FORMS].
391	391	(a) The department by rule shall require an inspection station to:
392	392	(1) issue a vehicle inspection report to the owner or
393	393	operator of each vehicle inspected by the station; and
394	394	(2) issue a passing vehicle inspection report to the
395	395	owner or operator of each vehicle inspected by the station that
396	396	passes the inspections required by this chapter.
397	397	(b) The department may adopt rules regarding the issuance of
398	398	vehicle inspection reports, including rules providing for [On being
399	399	licensed, an inspector or owner of an inspection station shall:
400	400	[(1) provide for] the format and safekeeping of the
401	401	reports [inspection certificates and verification forms;
402	402	[(2) safeguard the certificates and forms against
403	403	theft, loss, or damage;
404	404	[(3) control the sequence of issuance of the
405	405	certificates and forms; and
406	406	[(4) ensure that the certificates and forms are issued
407	407	in accordance with department rules].
408	408	SECTION 28. Section 548.253, Transportation Code, is
409	409	amended to read as follows:
410	410	Sec. 548.253. INFORMATION TO BE SUBMITTED [RECORDED] ON
411	411	COMPLETION [ISSUANCE] OF INSPECTION [CERTIFICATE AND VERIFICATION
412	412	FORM]. An inspection station or inspector, on completion of
413	413	[issuing] an inspection [certificate and verification form], shall
414	414	electronically submit to the department's inspection database:
415	415	(1) the vehicle identification number of the inspected
416	416	vehicle and an indication of whether the vehicle passed the
417	417	inspections required by this chapter [make a record and report as
418	418	prescribed by the department of the inspection and certificate
419	419	issued]; and
420	420	(2) any additional [include in the inspection
421	421	certificate and verification form the] information required by rule
422	422	by the department for the type of vehicle inspected.
423	423	SECTION 29. Section 548.254, Transportation Code, is
424	424	amended to read as follows:
425	425	Sec. 548.254. VALIDITY OF VEHICLE INSPECTION REPORT
426	426	[CERTIFICATE]. A vehicle [An] inspection report [certificate] is
427	427	invalid after the end of the 12th month following the month in which
428	428	the report [certificate] is issued. [An unused inspection
429	429	certificate representing a previous inspection period may not be
430	430	issued after the beginning of the next period.]
431	431	SECTION 30. Section 548.256, Transportation Code, is
432	432	amended to read as follows:
433	433	Sec. 548.256. PROOF OF INSPECTION [VERIFICATION FORM]
434	434	REQUIRED TO REGISTER VEHICLE. [(a)] Before a vehicle [that is
435	435	brought into this state by a person other than a manufacturer or
436	436	importer] may be registered, the Texas Department of Motor Vehicles
437	437	or the county assessor-collector registering the vehicle shall
438	438	verify that the vehicle has passed the inspections required by this
439	439	chapter, as indicated in the department's inspection database. If
440	440	the database information is not available, the owner of the vehicle
441	441	may present a vehicle inspection report issued for the vehicle[,
442	442	the owner must have the vehicle inspected and have the inspection
443	443	station record the following information on a verification form
444	444	prescribed and provided by the department:
445	445	[(1) the vehicle identification number;
446	446	[(2) the number appearing on the odometer of the
447	447	vehicle at the time of the inspection, if the vehicle has an
448	448	odometer; and
449	449	[(3) other information the department requires].
450	450	[(b) An inspection station may not issue the verification
451	451	form unless the vehicle complies with the inspection requirements
452	452	of this chapter.]
453	453	SECTION 31. Subsection (b), Section 548.258,
454	454	Transportation Code, is amended to read as follows:
455	455	(b) The department may adopt rules to require an inspection
456	456	station to use the state electronic Internet portal to[:
457	457	[(1) purchase inspection certificates; or
458	458	[(2)] send to the department a record, report, or
459	459	other information required by the department.
460	460	SECTION 32. Subsection (c), Section 548.301,
461	461	Transportation Code, is amended to read as follows:
462	462	(c) A program established under this section must
463	463	[Subsection (b) or (b-1) may] include registration and
464	464	reregistration-based enforcement.
465	465	SECTION 33. Section 548.302, Transportation Code, is
466	466	amended to read as follows:
467	467	Sec. 548.302. COMMISSION TO ADOPT STANDARDS AND
468	468	REQUIREMENTS. The commission shall:
469	469	(1) adopt standards for emissions-related inspection
470	470	criteria consistent with requirements of the United States and the
471	471	conservation commission applicable to a county in which a program
472	472	is established under this subchapter; and
473	473	(2) develop and impose requirements necessary to
474	474	ensure that a passing vehicle [an] inspection report [certificate]
475	475	is not issued to a vehicle subject to a program established under
476	476	this subchapter and that information stating that a vehicle has
477	477	passed an inspection is not submitted to the department's database
478	478	unless the vehicle has passed a motor vehicle emissions inspection
479	479	at a facility authorized and certified by the department.
480	480	SECTION 34. Section 548.304, Transportation Code, is
481	481	amended to read as follows:
482	482	Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS
483	483	INSPECTIONS. [(a)] The department may authorize and certify
484	484	inspection stations as necessary to implement the
485	485	emissions-related inspection requirements of the motor vehicle
486	486	emissions inspection and maintenance program established under
487	487	this subchapter if the station meets the department's certification
488	488	requirements.
489	489	[(b) The department shall provide inspection certificates
490	490	for distribution and issuance at inspection stations certified by
491	491	the department.]
492	492	SECTION 35. Section 548.401, Transportation Code, is
493	493	amended to read as follows:
494	494	Sec. 548.401. CERTIFICATION GENERALLY. A person may
495	495	perform an inspection, [or] issue a vehicle [an] inspection report,
496	496	or submit inspection information to the department's inspection
497	497	database [certificate] only if certified to do so by the department
498	498	under rules adopted by the department.
499	499	SECTION 36. Subsection (d), Section 548.407,
500	500	Transportation Code, is amended to read as follows:
501	501	(d) The department may provide that a revocation or
502	502	suspension takes effect on receipt of notice under Subsection (b)
503	503	if the department finds that the action is necessary to prevent or
504	504	remedy a threat to public health, safety, or welfare. Violations
505	505	that present a threat to public health, safety, or welfare include:
506	506	(1) issuing a passing vehicle [an] inspection report
507	507	or submitting inspection information to the department's database
508	508	[certificate] with knowledge that the issuance or submission is in
509	509	violation of this chapter or rules adopted under this chapter;
510	510	(2) falsely or fraudulently representing to the owner
511	511	or operator of a vehicle that equipment inspected or required to be
512	512	inspected must be repaired, adjusted, or replaced for the vehicle
513	513	to pass an inspection;
514	514	(3) issuing a vehicle [an] inspection report or
515	515	submitting inspection information to the department's database
516	516	[certificate]:
517	517	(A) without authorization to issue the report or
518	518	submit the information [certificate]; or
519	519	(B) without inspecting the vehicle;
520	520	(4) issuing a passing vehicle [an] inspection report
521	521	or submitting inspection information to the department's database
522	522	[certificate] for a vehicle with knowledge that the vehicle has not
523	523	been repaired, adjusted, or corrected after an inspection has shown
524	524	a repair, adjustment, or correction to be necessary;
525	525	(5) knowingly issuing a passing vehicle [an]
526	526	inspection report or submitting inspection information to the
527	527	department's database [certificate]:
528	528	(A) for a vehicle without conducting an
529	529	inspection of each item required to be inspected; or
530	530	(B) for a vehicle that is missing an item
531	531	required to be inspected or that has an item required to be
532	532	inspected that is not in compliance with state law or department
533	533	rules;
534	534	(6) refusing to allow a vehicle's owner to have a
535	535	qualified person of the owner's choice make a required repair,
536	536	adjustment, or correction;
537	537	(7) charging for an inspection an amount greater than
538	538	the authorized fee;
539	539	(8) a violation of Subchapter F;
540	540	(9) a violation of Section 548.603; or
541	541	(10) a conviction of a felony or a Class A or B
542	542	misdemeanor that directly relates to or affects the duties or
543	543	responsibilities of a vehicle inspection station or inspector or a
544	544	conviction of a similar crime under the jurisdiction of another
545	545	state or the federal government.
546	546	SECTION 37. Section 548.501, Transportation Code, is
547	547	amended to read as follows:
548	548	Sec. 548.501. INSPECTION FEES GENERALLY. (a) Except as
549	549	provided by Sections 548.503 and 548.504, the fee for inspection of
550	550	a motor vehicle other than a moped is $12.50. The fee for
551	551	inspection of a moped is $5.75. [The fee for a verification form
552	552	issued as required by Section 548.256 is $1.]
553	553	(b) Out of each fee for an inspection, $5.50 shall be
554	554	remitted to the state under Section 548.509. [An inspection
555	555	station shall pay to the department $5.50 of each fee for an
556	556	inspection. The department may require the station to make an
557	557	advance payment of $5.50 for each inspection certificate provided
558	558	to the station. If advance payment is made:
559	559	[(1) no further payment may be required on issuance of
560	560	a certificate;
561	561	[(2) the inspection station may waive the fee due from
562	562	the owner of an inspected vehicle who is issued a certificate to
563	563	which the advance payment applies;
564	564	[(3) the department shall refund to the inspection
565	565	station $5.50 for each unissued certificate that the station
566	566	returns to the department in accordance with department rules; and
567	567	[(4) the conservation commission shall pay to the
568	568	department $2 for each unissued certificate that the station
569	569	returns to the department.]
570	570	SECTION 38. Section 548.502, Transportation Code, is
571	571	amended to read as follows:
572	572	Sec. 548.502. INSPECTION BY POLITICAL SUBDIVISION OR STATE
573	573	AGENCY. A political subdivision or state agency for which the
574	574	department certifies an inspection station under Section 548.004:
575	575	(1) shall pay to the state [department an advance
576	576	payment of] $5.50 for each inspection under Section 548.509
577	577	[certificate provided to it]; and
578	578	(2) may not be required to pay the remainder of the
579	579	[compulsory] inspection fee.
580	580	SECTION 39. Section 548.503, Transportation Code, is
581	581	amended to read as follows:
582	582	Sec. 548.503. INITIAL TWO-YEAR INSPECTION OF PASSENGER CAR
583	583	OR LIGHT TRUCK. (a) The fee for inspection of a passenger car or
584	584	light truck under Section 548.102 shall be set by the department by
585	585	rule on or before September 1 of each year. A fee set by the
586	586	department under this subsection must be based on the costs of
587	587	[producing certificates,] providing inspections[,] and
588	588	administering the program, but may not be less than $21.75.
589	589	(b) Out of each fee for an inspection under this section,
590	590	$14.75 shall be remitted to the state under Section 548.509. [The
591	591	department shall require an inspection station to make an advance
592	592	payment of $14.75 for a certificate to be issued under this section.
593	593	Additional payment may not be required of the station for the
594	594	certificate. The inspection station may waive the fee due from the
595	595	owner of the vehicle inspected. A refund for an unissued
596	596	certificate shall be made in the same manner as provided for other
597	597	certificate refunds.]
598	598	SECTION 40. Subsection (b), Section 548.504,
599	599	Transportation Code, is amended to read as follows:
600	600	(b) Out of each fee for inspection of a commercial motor
601	601	vehicle, $10 shall be remitted to the state under Section 548.509.
602	602	[The inspection station shall pay to the department $10 of each fee
603	603	for inspection of a commercial motor vehicle. The department may
604	604	require the station to make an advance payment of $10 for a
605	605	certificate to be issued under this section. If advance payment is
606	606	made:
607	607	[(1) no additional payment may be required of the
608	608	station for the certificate; and
609	609	[(2) a refund for an unissued certificate shall be
610	610	made in the same manner as provided for other certificate refunds.]
611	611	SECTION 41. Subsection (a), Section 548.505,
612	612	Transportation Code, is amended to read as follows:
613	613	(a) The department by rule may impose an inspection fee for
614	614	a vehicle inspected under Section 548.301(a) in addition to the fee
615	615	provided by Section 548.501, 548.502, 548.503, or 548.504. A fee
616	616	imposed under this subsection must be based on the costs of:
617	617	(1) [producing certificates;
618	618	[(2)] providing inspections; and
619	619	(2) [(3)] administering the program.
620	620	SECTION 42. Section 548.508, Transportation Code, is
621	621	amended to read as follows:
622	622	Sec. 548.508. DISPOSITION OF FEES. Except as provided by
623	623	Sections 382.0622 and 382.202, Health and Safety Code, and Section
624	624	548.5055, each fee remitted to the comptroller [collected by the
625	625	department] under this subchapter shall be deposited to the credit
626	626	of the Texas mobility fund.
627	627	SECTION 43. Subchapter H, Chapter 548, Transportation Code,
628	628	is amended by adding Section 548.509 to read as follows:
629	629	Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. The
630	630	Texas Department of Motor Vehicles or a county assessor-collector
631	631	that registers a motor vehicle that is subject to an inspection fee
632	632	under this chapter shall collect at the time of registration of the
633	633	motor vehicle the portion of the inspection fee that is required to
634	634	be remitted to the state. The Texas Department of Motor Vehicles or
635	635	the county assessor-collector shall remit the fee to the
636	636	comptroller.
637	637	SECTION 44. Subsection (a), Section 548.601,
638	638	Transportation Code, is amended to read as follows:
639	639	(a) A person, including an inspector or an inspection
640	640	station, commits an offense if the person:
641	641	(1) submits information to the department's inspection
642	642	database or issues a vehicle inspection report [an inspection
643	643	certificate] with knowledge that the submission or issuance is in
644	644	violation of this chapter or rules adopted under this chapter;
645	645	(2) falsely or fraudulently represents to the owner or
646	646	operator of a vehicle that equipment inspected or required to be
647	647	inspected must be repaired, adjusted, or replaced for the vehicle
648	648	to pass an inspection;
649	649	(3) misrepresents:
650	650	(A) material information in an application in
651	651	violation of Section 548.402 or 548.403; or
652	652	(B) information filed with the department under
653	653	this chapter or as required by department rule;
654	654	(4) submits information to the department's inspection
655	655	database or issues a vehicle inspection report [an inspection
656	656	certificate]:
657	657	(A) without authorization to issue the report or
658	658	submit the information [certificate]; or
659	659	(B) without inspecting the vehicle;
660	660	(5) submits information to the department's inspection
661	661	database indicating that a vehicle has passed the applicable
662	662	inspections or issues a passing vehicle [an] inspection report
663	663	[certificate] for a vehicle with knowledge that the vehicle has not
664	664	been repaired, adjusted, or corrected after an inspection has shown
665	665	a repair, adjustment, or correction to be necessary;
666	666	(6) knowingly submits information to the department's
667	667	inspection database or issues a vehicle inspection report [an
668	668	inspection certificate]:
669	669	(A) for a vehicle without conducting an
670	670	inspection of each item required to be inspected; or
671	671	(B) for a vehicle that is missing an item
672	672	required to be inspected or that has an item required to be
673	673	inspected that is not in compliance with state law or department
674	674	rules;
675	675	(7) refuses to allow a vehicle's owner to have a
676	676	qualified person of the owner's choice make a required repair,
677	677	adjustment, or correction;
678	678	(8) charges for an inspection an amount greater than
679	679	the authorized fee; or
680	680	(9) performs an act prohibited by or fails to perform
681	681	an act required by this chapter or a rule adopted under this
682	682	chapter.
683	683	SECTION 45. Subsections (a), (b), and (c), Section 548.603,
684	684	Transportation Code, are amended to read as follows:
685	685	(a) A person commits an offense if the person:
686	686	(1) presents to an official of this state or a
687	687	political subdivision of this state a vehicle inspection report
688	688	[displays or causes or permits to be displayed an inspection
689	689	certificate] or insurance document knowing that the report
690	690	[certificate] or document is counterfeit, tampered with, altered,
691	691	fictitious, issued for another vehicle, issued for a vehicle
692	692	failing to meet all emissions inspection requirements, or issued in
693	693	violation of:
694	694	(A) this chapter, rules adopted under this
695	695	chapter, or other law of this state; or
696	696	(B) a law of another state, the United States,
697	697	the United Mexican States, a state of the United Mexican States,
698	698	Canada, or a province of Canada;
699	699	(2) [transfers an inspection certificate from a
700	700	windshield or location to another windshield or location;
701	701	[(3)] with intent to circumvent the emissions
702	702	inspection requirements seeks an inspection of a vehicle at a
703	703	station not certified to perform an emissions inspection if the
704	704	person knows that the vehicle is required to be inspected under
705	705	Section 548.301; or
706	706	(3) [(4)] knowingly does not comply with an emissions
707	707	inspection requirement for a vehicle[; or
708	708	[(5) displays on a vehicle an inspection certificate
709	709	that was obtained knowing that the vehicle does not meet all
710	710	emissions inspection requirements for the vehicle].
711	711	(b) A person commits an offense if the person:
712	712	(1) makes or possesses, with the intent to sell,
713	713	circulate, or pass, a counterfeit vehicle inspection report
714	714	[certificate] or insurance document; or
715	715	(2) possesses any part of a stamp, dye, plate,
716	716	negative, machine, or other device that is used or designated for
717	717	use in making a counterfeit vehicle inspection report [certificate]
718	718	or insurance document.
719	719	(c) The owner of a vehicle commits an offense if the owner
720	720	knowingly allows the vehicle to be registered using a vehicle
721	721	inspection report [or operated while the vehicle displays an
722	722	inspection certificate] in violation of Subsection (a).
723	723	SECTION 46. Subsection (f), Section 548.603,
724	724	Transportation Code, as added by Chapter 851 (H.B. 1048), Acts of
725	725	the 75th Legislature, Regular Session, 1997, is amended to read as
726	726	follows:
727	727	(f) Notwithstanding Subsection (c), an offense under
728	728	Subsection (a)(1) that involves a fictitious vehicle inspection
729	729	report [certificate] is a Class B misdemeanor.
730	730	SECTION 47. Subsection (a), Section 548.6035,
731	731	Transportation Code, is amended to read as follows:
732	732	(a) A person commits an offense if, in connection with a
733	733	required emissions inspection of a motor vehicle, the person
734	734	knowingly:
735	735	(1) submits information to the department's inspection
736	736	database stating that a vehicle has passed the applicable
737	737	inspections or issues a passing vehicle inspection report [places
738	738	or causes to be placed on a motor vehicle an inspection
739	739	certificate], if:
740	740	(A) the vehicle does not meet the emissions
741	741	requirements established by the department; or
742	742	(B) the person has not inspected the vehicle;
743	743	(2) manipulates an emissions test result;
744	744	(3) uses or causes to be used emissions data from
745	745	another motor vehicle as a substitute for the motor vehicle being
746	746	inspected; or
747	747	(4) bypasses or circumvents a fuel cap test.
748	748	SECTION 48. Subsection (d), Section 623.011,
749	749	Transportation Code, is amended to read as follows:
750	750	(d) When the department issues a permit under this section,
751	751	the department shall issue a sticker to be placed on the front
752	752	windshield of the vehicle [above the inspection certificate issued
753	753	to the vehicle]. The department shall design the form of the
754	754	sticker to aid in the enforcement of weight limits for vehicles.
755	755	SECTION 49. Section 683.051, Transportation Code, is
756	756	amended to read as follows:
757	757	Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF
758	758	CERTAIN MOTOR VEHICLES. A person may apply to the department for
759	759	authority:
760	760	(1) to sell, give away, or dispose of a motor vehicle
761	761	to a motor vehicle demolisher if:
762	762	(A) the person owns the motor vehicle and the
763	763	certificate of title to the vehicle is lost, destroyed, or faulty;
764	764	or
765	765	(B) the vehicle is an abandoned motor vehicle and
766	766	is:
767	767	(i) in the possession of the person; or
768	768	(ii) located on property owned by the
769	769	person; or
770	770	(2) to dispose of a motor vehicle to a motor vehicle
771	771	demolisher for demolition, wrecking, or dismantling if:
772	772	(A) the abandoned motor vehicle:
773	773	(i) is in the possession of the person;
774	774	(ii) is more than eight years old;
775	775	(iii) either has no motor or is otherwise
776	776	totally inoperable or does not comply with all applicable air
777	777	pollution emissions control related requirements included in[:
778	778	(aa) the vehicle inspection requirements under Chapter 548, as
779	779	evidenced by a current inspection certificate affixed to the
780	780	vehicle windshield; or (bb)] the vehicle emissions inspection and
781	781	maintenance requirements contained in the Public Safety
782	782	Commission's motor vehicle emissions inspection and maintenance
783	783	program under Subchapter F, Chapter 548, or the state's air quality
784	784	state implementation plan; and
785	785	(iv) was authorized to be towed by a law
786	786	enforcement agency; and
787	787	(B) the law enforcement agency approves the
788	788	application.
789	789	SECTION 50. Section 683.071, Transportation Code, as
790	790	amended by Chapters 720 (H.B. 787) and 753 (H.B. 1376), Acts of the
791	791	82nd Legislature, Regular Session, 2011, is reenacted and amended
792	792	to read as follows:
793	793	Sec. 683.071. DEFINITION AND APPLICABILITY. (a) In this
794	794	subchapter, "junked vehicle" means a vehicle that:
795	795	(1) is self-propelled; and
796	796	(2) is:
797	797	(A) wrecked, dismantled or partially dismantled,
798	798	or discarded; or
799	799	(B) inoperable and has remained inoperable for
800	800	more than:
801	801	(i) 72 consecutive hours, if the vehicle is
802	802	on public property; or
803	803	(ii) 30 consecutive days, if the vehicle is
804	804	on private property.
805	805	(b) For purposes of this subchapter, "junked vehicle"
806	806	includes a motor vehicle, aircraft, or watercraft. This subchapter
807	807	applies only to:
808	808	(1) a motor vehicle that displays an expired license
809	809	plate [or invalid motor vehicle inspection certificate] or does not
810	810	display a license plate [or motor vehicle inspection certificate];
811	811	(2) an aircraft that does not have lawfully printed on
812	812	the aircraft an unexpired federal aircraft identification number
813	813	registered under Federal Aviation Administration aircraft
814	814	registration regulations in 14 C.F.R. Part 47; or
815	815	(3) a watercraft that:
816	816	(A) does not have lawfully on board an unexpired
817	817	certificate of number; and
818	818	(B) is not a watercraft described by Section
819	819	31.055, Parks and Wildlife Code.
820	820	SECTION 51. The following statutes are repealed:
821	821	(1) Subsection (c), Section 548.053, Transportation
822	822	Code;
823	823	(2) Section 548.255, Transportation Code;
824	824	(3) Section 548.257, Transportation Code;
825	825	(4) Section 548.602, Transportation Code;
826	826	(5) Subdivision (2), Subsection (e), Section 548.603,
827	827	Transportation Code;
828	828	(6) Subsection (f), Section 548.603, Transportation
829	829	Code, as added by Chapter 1069 (S.B. 1856), Acts of the 75th
830	830	Legislature, Regular Session, 1997; and
831	831	(7) Section 548.605, Transportation Code.
832	832	SECTION 52. Article 45.003, Code of Criminal Procedure,
833	833	Section 103.0213, Government Code, and Sections 521.3465,
834	834	521.3466, 548.601, 548.603, and 548.6035, Transportation Code, as
835	835	amended by this Act, and the repeal by this Act of Sections 548.602
836	836	and 548.605, Transportation Code, apply only to an offense
837	837	committed on or after March 1, 2015. An offense committed before
838	838	March 1, 2015, is governed by the law in effect on the date the
839	839	offense was committed, and the former law is continued in effect for
840	840	that purpose. For purposes of this section, an offense was
841	841	committed before March 1, 2015, if any element of the offense
842	842	occurred before that date.
843	843	SECTION 53. (a) Not later than March 1, 2014, the Texas
844	844	Department of Motor Vehicles, the Department of Public Safety of
845	845	the State of Texas, and the Texas Commission on Environmental
846	846	Quality shall adopt rules necessary to implement the changes in law
847	847	made by this Act.
848	848	(b) Not later than March 1, 2014, the Department of Public
849	849	Safety shall create the database described by Section 548.251,
850	850	Transportation Code, as amended by this Act, and require inspection
851	851	stations to submit to the database the information required by
852	852	Section 548.253, Transportation Code, as amended by this Act.
853	853	SECTION 54. To the extent of any conflict, this Act prevails
854	854	over another Act of the 83rd Legislature, Regular Session, 2013,
855	855	relating to nonsubstantive additions to and corrections in enacted
856	856	codes.
857	857	SECTION 55. (a) Except as otherwise provided by Subsection
858	858	(b) of this section, this Act takes effect March 1, 2015.
859	859	(b) Section 53 of this Act takes effect September 1, 2013.