2015S0453-1 03/11/15
By: Huffines S.B. No. 1675
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of mandatory periodic motor vehicle
inspections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.202(d), Health and Safety Code, is
amended to read as follows:
(d) On adoption of a resolution by the commission and after
proper notice, the Department of Public Safety of the State of Texas
shall implement a system that requires, as a condition of obtaining
a passing vehicle inspection report [issued under Subchapter C,
Chapter 548, Transportation Code,] in a county that is included in a
vehicle emissions inspection and maintenance program under
Subchapter F, Chapter 548, Transportation Code [of that chapter],
that the vehicle, unless the vehicle is not covered by the system,
be annually or biennially inspected under the vehicle emissions
inspection and maintenance program as required by the state's air
quality state implementation plan. The Department of Public Safety
shall implement such a system when it is required by any provision
of federal or state law, including any provision of the state's air
quality state implementation plan.
SECTION 2. Subchapter G, Chapter 382, Health and Safety
Code, is amended by adding Section 382.221 to read as follows:
Sec. 382.221. REVIEW OF VEHICLE EMISSIONS INSPECTION AND
MAINTENANCE PROGRAM. (a) Not later than October 1, 2017, the
commission shall determine whether the federal Clean Air Act (42
U.S.C. Section 7401 et seq.) or its subsequent amendments require
this state to operate a motor vehicle emissions inspection and
maintenance program in any part of this state.
(b) If the commission determines that the federal Clean Air
Act (42 U.S.C. Section 7401 et seq.) or a subsequent amendment does
not require this state to operate a motor vehicle emissions
inspection and maintenance program in any part of this state, the
commission shall, not later than October 1, 2018, develop a plan to
end the emissions inspection and maintenance program established
under this chapter and Subchapter F, Chapter 548, Transportation
Code.
(c) The plan must:
(1) provide for the revision of this state's air
quality state implementation plan and any other state plans
mandated by the federal Clean Air Act as necessary to account for
the end of the emissions inspection and maintenance program; and
(2) establish a proposed timeline for:
(A) submitting revised state plans to the United
States Environmental Protection Agency for approval; and
(B) ending the emissions inspection and
maintenance program.
(d) The commission shall submit to the United States
Environmental Protection Agency a request that the agency approve
the plan described by Subsection (b).
(e) If the United States Environmental Protection Agency
approves the plan described by Subsection (b):
(1) the commission shall implement the plan and amend
or adopt rules necessary to implement the plan; and
(2) on a date determined by the commission by rule, the
emissions inspection and maintenance program established under
this chapter and Subchapter F, Chapter 548, Transportation Code, is
abolished.
SECTION 3. Section 502.092(c), Transportation Code, is
amended to read as follows:
(c) A person may obtain a permit under this section by:
(1) applying to the department in a manner prescribed
by the department;
(2) paying a fee equal to 1/12 the registration fee
prescribed by this chapter for the vehicle;
(3) furnishing satisfactory evidence that the motor
vehicle is insured under an insurance policy that complies with
Section 601.072 and that is written by:
(A) an insurance company or surety company
authorized to write motor vehicle liability insurance in this
state; or
(B) with the department's approval, a surplus
lines insurer that meets the requirements of Chapter 981, Insurance
Code, and rules adopted by the commissioner of insurance under that
chapter, if the applicant is unable to obtain insurance from an
insurer described by Paragraph (A); and
(4) furnishing evidence that the vehicle has been
inspected if [as] required under Chapter 548.
SECTION 4. Section 547.601, Transportation Code, is amended
to read as follows:
Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
described by Section 548.051 [required by Chapter 548 to be
inspected] shall be equipped with front safety belts if safety belt
anchorages were part of the manufacturer's original equipment on
the vehicle.
SECTION 5. Section 548.051(a), Transportation Code, is
amended to read as follows:
(a) The following items installed on a [A] motor vehicle,
trailer, semitrailer, pole trailer, or mobile home[,] registered in
this state may be[, must have the following items] inspected at an
inspection station [or] by an inspector:
(1) tires;
(2) wheel assembly;
(3) safety guards or flaps, if required by Section
547.606;
(4) brake system, including power brake unit;
(5) steering system, including power steering;
(6) lighting equipment;
(7) horns and warning devices;
(8) mirrors;
(9) windshield wipers;
(10) sunscreening devices, unless the vehicle is
exempt from sunscreen device restrictions under Section 547.613;
(11) front seat belts in vehicles on which seat belt
anchorages were part of the manufacturer's original equipment;
(12) tax decal, if required by Section 548.104(d)(1);
(13) exhaust system;
(14) exhaust emission system;
(15) fuel tank cap, using pressurized testing
equipment approved by department rule; and
(16) emissions control equipment as designated by
department rule.
SECTION 6. Subchapter B, Chapter 548, Transportation Code,
is amended by adding Section 548.054 to read as follows:
Sec. 548.054. REGULAR INSPECTION NOT REQUIRED IN CERTAIN
COUNTIES. Except as otherwise provided by Subchapter D, a vehicle
described by Section 548.051 registered in a county that does not
have a motor vehicle emissions inspection and maintenance program
is not required to be regularly inspected at an inspection station
under this chapter.
SECTION 7. Section 548.101, Transportation Code, is amended
to read as follows:
Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. Except
as provided by Section 548.102, the department shall require an
annual emissions inspection under the program described by
Subchapter F. The department shall set the periods of inspection
and may make rules with respect to those periods. The rules must
provide that:
(1) a vehicle owner may obtain an inspection not
earlier than 90 days before the date of expiration of the vehicle's
registration; and
(2) a used motor vehicle sold by a dealer, as defined
by Section 503.001, must be inspected in the 180 days preceding the
date the dealer sells the vehicle.
SECTION 8. Section 548.102(a), Transportation Code, is
amended to read as follows:
(a) The initial emissions inspection period is two years for
a passenger car or light truck that:
(1) is sold in this state;
(2) has not been previously registered in this or
another state; and
(3) on the date of sale is of the current or preceding
model year.
SECTION 9. Sections 548.104(a) and (c), Transportation
Code, are amended to read as follows:
(a) The commission shall adopt uniform standards of safety
applicable to each item subject to inspection under [required to be
inspected by] Section 548.051. The standards and the list of items
to be inspected shall be posted in each inspection station.
(c) An inspection station or inspector may inspect only the
equipment subject to inspection under [required to be inspected by]
Section 548.051 and may not:
(1) falsely and fraudulently represent to an applicant
that equipment required to be inspected must be repaired, adjusted,
or replaced before the vehicle will pass inspection; or
(2) require an applicant to have another part of the
vehicle or other equipment inspected as a prerequisite for issuance
of a passing vehicle inspection report.
SECTION 10. Section 548.256, Transportation Code, is
amended to read as follows:
Sec. 548.256. PROOF OF INSPECTION REQUIRED TO REGISTER
VEHICLE. Before a vehicle may be registered, the Texas Department
of Motor Vehicles or the county assessor-collector registering the
vehicle shall verify that the vehicle has passed any [the]
inspections required by this chapter, as indicated in the
department's inspection database. If the database information is
not available, the owner of the vehicle may present a vehicle
inspection report issued for the vehicle.
SECTION 11. Section 548.053(b), Transportation Code, is
repealed.
SECTION 12. This Act takes effect September 1, 2017.