By: Pickett H.B. No. 3683
A BILL TO BE ENTITLED
AN ACT
relating to periodic motor vehicle inspections; reducing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 548.501, Transportation Code, is amended
to read as follows:
Sec. 548.501. INSPECTION PROGRAM FEES [GENERALLY].
[(a) Except as provided by Sections 548.503 and 548.504, the
fee for inspection of a motor vehicle other than a moped is $12.50.
The fee for inspection of a moped is $5.75.
[(b) Out of each fee for an inspection, $5.50] shall be
remitted to the state under Section 548.509.
At the time of application for registration or renewal of
registration of a motor vehicle, other than a commercial motor
vehicle required to pay a fee under Section 548.504, the applicant
shall pay a program fee of $5.50, which shall be remitted to the
state under Section 548.509.
SECTION 2. Section 382.0622(a), Health and Safety Code, is
amended to read as follows:
(a) Clean Air Act fees consist of:
(1) fees collected by the commission under Sections
382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
by law; and
(2) $2 from the portion of each fee collected for
inspections of vehicles other than mopeds and remitted to the state
under Sections 548.501 [and 548.503], Transportation Code; and
[(3)] fees collected that are required under Section
185 of the federal Clean Air Act (42 U.S.C. Section 7511d).
SECTION 3. 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 a motor vehicle registered in this state [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 4. Section 382.203(c), Health and Safety Code, is
amended to read as follows:
(c) The Department of Public Safety of the State of Texas by
rule may waive program requirements, in accordance with standards
adopted by the commission, for certain vehicles and vehicle owners,
including:
(1) the registered owner of a vehicle who cannot
afford to comply with the program, based on reasonable income
standards;
(2) a vehicle that cannot be brought into compliance
with emissions standards by performing repairs;
(3) a vehicle:
(A) on which at least $100 has been spent to bring
the vehicle into compliance; and
(B) that the department[:
[(i)] can verify is driven an average of
fewer than 5,000 miles each year [was driven fewer than 5,000 miles
since the last safety inspection; and
[(ii) reasonably determines will be driven
fewer than 5,000 miles during the period before the next safety
inspection is required]; and
(4) a vehicle for which parts are not readily
available.
SECTION 5. 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 6. Section 547.601, Transportation Code, is amended
to read as follows:
Sec. 547.601. SAFETY BELTS REQUIRED. (a) A motor vehicle
[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.
(b) Subsection (a) does not apply to a vehicle described by
Section 548.052.
SECTION 7. Section 548.001(10), Transportation Code, is
amended to read as follows:
(10) "Vehicle inspection report" means a report issued
by an inspector or an inspection station for a vehicle that
indicates whether the vehicle has passed a [the] safety or [and, if
applicable,] emissions inspection [inspections] required by this
chapter.
SECTION 8. The heading to Subchapter B, Chapter 548,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. COMMERCIAL MOTOR VEHICLE INSPECTIONS: VEHICLES AND
EQUIPMENT SUBJECT TO SAFETY INSPECTION [AND REINSPECTION]
SECTION 9. Section 548.051(a), Transportation Code, is
amended to read as follows:
(a) A commercial motor vehicle that is a motor vehicle,
trailer, semitrailer, pole trailer, or mobile home, registered in
this state, 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;
(11) [(12)] exhaust system;
(12) [(13)] exhaust emission system;
(13) [(14)] fuel tank cap, using pressurized testing
equipment approved by department rule; and
(14) [(15)] emissions control equipment as designated
by department rule.
SECTION 10. Section 548.052, Transportation Code, is
amended to read as follows:
Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
subchapter [chapter] does not apply to:
(1) a trailer, semitrailer, pole trailer, or mobile
home moving under or bearing a current factory-delivery license
plate or current in-transit license plate;
(2) a vehicle moving under or bearing a paper dealer
in-transit tag, machinery license, disaster license, parade
license, prorate tab, one-trip permit, vehicle temporary transit
permit, antique license, custom vehicle license, street rod
license, temporary 24-hour permit, or permit license;
(3) a trailer, semitrailer, pole trailer, or mobile
home having an actual gross weight or registered gross weight of
4,500 pounds or less;
(4) farm machinery, road-building equipment, a farm
trailer, or a vehicle required to display a slow-moving-vehicle
emblem under Section 547.703;
(5) a former military vehicle, as defined by Section
504.502;
(6) a vehicle qualified for a tax exemption under
Section 152.092, Tax Code; or
(7) a vehicle for which a certificate of title has been
issued but that is not required to be registered.
SECTION 11. Section 548.053, Transportation Code, is
transferred to Subchapter E, Chapter 548, Transportation Code,
redesignated as Section 548.255, Transportation Code, and amended
to read as follows:
Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING
ADJUSTMENT, CORRECTION, OR REPAIR. (a) If an inspection discloses
the necessity for adjustment, correction, or repair, an inspection
station or inspector may not issue a passing vehicle inspection
report until the adjustment, correction, or repair is made. The
owner of the vehicle may have the adjustment, correction, or repair
made by a qualified person of the owner's choice, subject to
reinspection. The vehicle shall be reinspected once free of charge
within 15 days after the date of the original inspection, not
including the date the original inspection is made, at the same
inspection station after the adjustment, correction, or repair is
made.
(b) A vehicle required to be inspected under Subchapter B
that is inspected and is subsequently involved in an accident
affecting the safe operation of an item of inspection must be
reinspected following repair. The reinspection must be at an
inspection station and shall be treated and charged as an initial
inspection.
SECTION 12. The heading to Subchapter C, Chapter 548,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. COMMERCIAL MOTOR VEHICLE INSPECTIONS: PERIODS OF
SAFETY INSPECTION[; PREREQUISITES TO ISSUANCE OF PASSING VEHICLE
INSPECTION REPORT]
SECTION 13. Section 548.101, Transportation Code, is
amended to read as follows:
Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. The
[Except as provided by Section 548.102, the] department shall
require an [annual] inspection under Section 548.051 to be
conducted annually. 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 14. Section 548.104, Transportation Code, is
transferred to Subchapter B, Chapter 548, Transportation Code,
redesignated as Section 548.054, and amended to read as follows:
Sec. 548.054 [548.104]. EQUIPMENT-RELATED REQUIREMENTS
[PREREQUISITES TO ISSUANCE OF PASSING VEHICLE INSPECTION REPORT].
(a) The commission shall adopt uniform standards of safety
applicable to each item 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.
(b) An inspection station or inspector may issue a passing
vehicle inspection report only if the vehicle is inspected and
found to be in proper and safe condition and to comply with this
chapter and the rules adopted under this chapter.
(c) An inspection station or inspector may inspect only the
equipment 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.
(d) An inspection station or inspector may not issue a
passing vehicle inspection report for a vehicle equipped with[:
[(1) a sunscreening device prohibited by Section
547.613, except that the department by rule shall provide
procedures for issuance of a passing vehicle inspection report for
a vehicle exempt under Section 547.613(c); or
[(2)] a compressed natural gas container unless the
owner demonstrates in accordance with department rules proof:
(1) [(A)] that:
(A) [(i)] the container has met the inspection
requirements under 49 C.F.R. Section 571.304; and
(B) [(ii)] the manufacturer's recommended
service life for the container, as stated on the container label
required by 49 C.F.R. Section 571.304, has not expired; or
(2) [(B)] that the vehicle is a fleet vehicle for
which the fleet operator employs a technician certified to inspect
the container.
(e) The department shall adopt rules relating to inspection
of and issuance of a vehicle inspection report for a moped.
SECTION 15. Section 548.105, Transportation Code, is
transferred to Subchapter E, Chapter 548, Transportation Code, and
redesignated as Section 548.2521 to read as follows:
Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL
RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE
INSPECTION REPORT. (a) An inspection station or inspector may not
issue a passing vehicle inspection report for a vehicle unless the
owner or operator furnishes evidence of financial responsibility at
the time of inspection. Evidence of financial responsibility may
be shown in the manner specified under Section 601.053(a). A
personal automobile insurance policy used as evidence of financial
responsibility must be written for a term of 30 days or more as
required by Section 1952.054, Insurance Code.
(b) An inspection station is not liable to a person,
including a third party, for issuing a passing vehicle inspection
report in reliance on evidence of financial responsibility
furnished to the station. An inspection station that is the seller
of a motor vehicle may rely on an oral insurance binder.
SECTION 16. The heading to Subchapter D, Chapter 548,
Transportation Code, is amended to read as follows:
SUBCHAPTER D. [INSPECTION OF] COMMERCIAL MOTOR VEHICLE
INSPECTIONS: FEDERAL MOTOR CARRIER SAFETY REGULATIONS [VEHICLES]
SECTION 17. Subchapter E, Chapter 548, Transportation Code,
is amended by adding Section 548.257 to read as follows:
Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED
ENFORCEMENT. The commission shall require a vehicle required to be
regularly inspected under this chapter to pass the required
inspection:
(1) not earlier than 90 days before the date of
expiration of the vehicle's registration; or
(2) if the vehicle is a used motor vehicle sold by a
dealer, as defined by Section 503.001, in the 180 days preceding the
date the dealer sells the vehicle.
SECTION 18. Section 548.501, Transportation Code, is
amended to read as follows:
Sec. 548.501. INSPECTION PROGRAM FEES [GENERALLY]. At the
time of application for registration or renewal of registration of
a motor vehicle, other than a commercial motor vehicle required to
pay a fee under Section 548.504, the applicant shall pay a program
fee of $5.50, which [(a) Except as provided by Sections 548.503 and
548.504, the fee for inspection of a motor vehicle other than a
moped is $12.50. The fee for inspection of a moped is $5.75.
[(b) Out of each fee for an inspection, $5.50] shall be
remitted to the state under Section 548.509.
SECTION 19. Section 548.505(a), Transportation Code, is
amended to read as follows:
(a) The department by rule may impose an inspection fee for
a vehicle inspected under Section 548.301(a) in addition to other
fees required by this subchapter [the fee provided by Section
548.501, 548.502, 548.503, or 548.504]. A fee imposed under this
subsection must be based on the costs of:
(1) providing inspections; and
(2) administering the program.
SECTION 20. Sections 548.102, 548.502, and 548.503,
Transportation Code, are repealed.
SECTION 21. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 22. This Act takes effect September 1, 2017.