Texas 2015 - 84th Regular

Texas Senate Bill SB1675 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2015S0453-1 03/11/15
2	2	By: Huffines S.B. No. 1675
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the repeal of mandatory periodic motor vehicle
8	8	inspections.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 382.202(d), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(d) On adoption of a resolution by the commission and after
13	13	proper notice, the Department of Public Safety of the State of Texas
14	14	shall implement a system that requires, as a condition of obtaining
15	15	a passing vehicle inspection report [issued under Subchapter C,
16	16	Chapter 548, Transportation Code,] in a county that is included in a
17	17	vehicle emissions inspection and maintenance program under
18	18	Subchapter F, Chapter 548, Transportation Code [of that chapter],
19	19	that the vehicle, unless the vehicle is not covered by the system,
20	20	be annually or biennially inspected under the vehicle emissions
21	21	inspection and maintenance program as required by the state's air
22	22	quality state implementation plan. The Department of Public Safety
23	23	shall implement such a system when it is required by any provision
24	24	of federal or state law, including any provision of the state's air
25	25	quality state implementation plan.
26	26	SECTION 2. Subchapter G, Chapter 382, Health and Safety
27	27	Code, is amended by adding Section 382.221 to read as follows:
28	28	Sec. 382.221. REVIEW OF VEHICLE EMISSIONS INSPECTION AND
29	29	MAINTENANCE PROGRAM. (a) Not later than October 1, 2017, the
30	30	commission shall determine whether the federal Clean Air Act (42
31	31	U.S.C. Section 7401 et seq.) or its subsequent amendments require
32	32	this state to operate a motor vehicle emissions inspection and
33	33	maintenance program in any part of this state.
34	34	(b) If the commission determines that the federal Clean Air
35	35	Act (42 U.S.C. Section 7401 et seq.) or a subsequent amendment does
36	36	not require this state to operate a motor vehicle emissions
37	37	inspection and maintenance program in any part of this state, the
38	38	commission shall, not later than October 1, 2018, develop a plan to
39	39	end the emissions inspection and maintenance program established
40	40	under this chapter and Subchapter F, Chapter 548, Transportation
41	41	Code.
42	42	(c) The plan must:
43	43	(1) provide for the revision of this state's air
44	44	quality state implementation plan and any other state plans
45	45	mandated by the federal Clean Air Act as necessary to account for
46	46	the end of the emissions inspection and maintenance program; and
47	47	(2) establish a proposed timeline for:
48	48	(A) submitting revised state plans to the United
49	49	States Environmental Protection Agency for approval; and
50	50	(B) ending the emissions inspection and
51	51	maintenance program.
52	52	(d) The commission shall submit to the United States
53	53	Environmental Protection Agency a request that the agency approve
54	54	the plan described by Subsection (b).
55	55	(e) If the United States Environmental Protection Agency
56	56	approves the plan described by Subsection (b):
57	57	(1) the commission shall implement the plan and amend
58	58	or adopt rules necessary to implement the plan; and
59	59	(2) on a date determined by the commission by rule, the
60	60	emissions inspection and maintenance program established under
61	61	this chapter and Subchapter F, Chapter 548, Transportation Code, is
62	62	abolished.
63	63	SECTION 3. Section 502.092(c), Transportation Code, is
64	64	amended to read as follows:
65	65	(c) A person may obtain a permit under this section by:
66	66	(1) applying to the department in a manner prescribed
67	67	by the department;
68	68	(2) paying a fee equal to 1/12 the registration fee
69	69	prescribed by this chapter for the vehicle;
70	70	(3) furnishing satisfactory evidence that the motor
71	71	vehicle is insured under an insurance policy that complies with
72	72	Section 601.072 and that is written by:
73	73	(A) an insurance company or surety company
74	74	authorized to write motor vehicle liability insurance in this
75	75	state; or
76	76	(B) with the department's approval, a surplus
77	77	lines insurer that meets the requirements of Chapter 981, Insurance
78	78	Code, and rules adopted by the commissioner of insurance under that
79	79	chapter, if the applicant is unable to obtain insurance from an
80	80	insurer described by Paragraph (A); and
81	81	(4) furnishing evidence that the vehicle has been
82	82	inspected if [as] required under Chapter 548.
83	83	SECTION 4. Section 547.601, Transportation Code, is amended
84	84	to read as follows:
85	85	Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
86	86	described by Section 548.051 [required by Chapter 548 to be
87	87	inspected] shall be equipped with front safety belts if safety belt
88	88	anchorages were part of the manufacturer's original equipment on
89	89	the vehicle.
90	90	SECTION 5. Section 548.051(a), Transportation Code, is
91	91	amended to read as follows:
92	92	(a) The following items installed on a [A] motor vehicle,
93	93	trailer, semitrailer, pole trailer, or mobile home[,] registered in
94	94	this state may be[, must have the following items] inspected at an
95	95	inspection station [or] by an inspector:
96	96	(1) tires;
97	97	(2) wheel assembly;
98	98	(3) safety guards or flaps, if required by Section
99	99	547.606;
100	100	(4) brake system, including power brake unit;
101	101	(5) steering system, including power steering;
102	102	(6) lighting equipment;
103	103	(7) horns and warning devices;
104	104	(8) mirrors;
105	105	(9) windshield wipers;
106	106	(10) sunscreening devices, unless the vehicle is
107	107	exempt from sunscreen device restrictions under Section 547.613;
108	108	(11) front seat belts in vehicles on which seat belt
109	109	anchorages were part of the manufacturer's original equipment;
110	110	(12) tax decal, if required by Section 548.104(d)(1);
111	111	(13) exhaust system;
112	112	(14) exhaust emission system;
113	113	(15) fuel tank cap, using pressurized testing
114	114	equipment approved by department rule; and
115	115	(16) emissions control equipment as designated by
116	116	department rule.
117	117	SECTION 6. Subchapter B, Chapter 548, Transportation Code,
118	118	is amended by adding Section 548.054 to read as follows:
119	119	Sec. 548.054. REGULAR INSPECTION NOT REQUIRED IN CERTAIN
120	120	COUNTIES. Except as otherwise provided by Subchapter D, a vehicle
121	121	described by Section 548.051 registered in a county that does not
122	122	have a motor vehicle emissions inspection and maintenance program
123	123	is not required to be regularly inspected at an inspection station
124	124	under this chapter.
125	125	SECTION 7. Section 548.101, Transportation Code, is amended
126	126	to read as follows:
127	127	Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. Except
128	128	as provided by Section 548.102, the department shall require an
129	129	annual emissions inspection under the program described by
130	130	Subchapter F. The department shall set the periods of inspection
131	131	and may make rules with respect to those periods. The rules must
132	132	provide that:
133	133	(1) a vehicle owner may obtain an inspection not
134	134	earlier than 90 days before the date of expiration of the vehicle's
135	135	registration; and
136	136	(2) a used motor vehicle sold by a dealer, as defined
137	137	by Section 503.001, must be inspected in the 180 days preceding the
138	138	date the dealer sells the vehicle.
139	139	SECTION 8. Section 548.102(a), Transportation Code, is
140	140	amended to read as follows:
141	141	(a) The initial emissions inspection period is two years for
142	142	a passenger car or light truck that:
143	143	(1) is sold in this state;
144	144	(2) has not been previously registered in this or
145	145	another state; and
146	146	(3) on the date of sale is of the current or preceding
147	147	model year.
148	148	SECTION 9. Sections 548.104(a) and (c), Transportation
149	149	Code, are amended to read as follows:
150	150	(a) The commission shall adopt uniform standards of safety
151	151	applicable to each item subject to inspection under [required to be
152	152	inspected by] Section 548.051. The standards and the list of items
153	153	to be inspected shall be posted in each inspection station.
154	154	(c) An inspection station or inspector may inspect only the
155	155	equipment subject to inspection under [required to be inspected by]
156	156	Section 548.051 and may not:
157	157	(1) falsely and fraudulently represent to an applicant
158	158	that equipment required to be inspected must be repaired, adjusted,
159	159	or replaced before the vehicle will pass inspection; or
160	160	(2) require an applicant to have another part of the
161	161	vehicle or other equipment inspected as a prerequisite for issuance
162	162	of a passing vehicle inspection report.
163	163	SECTION 10. Section 548.256, Transportation Code, is
164	164	amended to read as follows:
165	165	Sec. 548.256. PROOF OF INSPECTION REQUIRED TO REGISTER
166	166	VEHICLE. Before a vehicle may be registered, the Texas Department
167	167	of Motor Vehicles or the county assessor-collector registering the
168	168	vehicle shall verify that the vehicle has passed any [the]
169	169	inspections required by this chapter, as indicated in the
170	170	department's inspection database. If the database information is
171	171	not available, the owner of the vehicle may present a vehicle
172	172	inspection report issued for the vehicle.
173	173	SECTION 11. Section 548.053(b), Transportation Code, is
174	174	repealed.
175	175	SECTION 12. This Act takes effect September 1, 2017.