Texas 2017 - 85th Regular

Texas House Bill HB3683 Compare Versions

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1	1	By: Pickett H.B. No. 3683
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to periodic motor vehicle inspections; reducing a fee.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 548.501, Transportation Code, is amended
9	9	to read as follows:
10	10	Sec. 548.501. INSPECTION PROGRAM FEES [GENERALLY].
11	11	[(a) Except as provided by Sections 548.503 and 548.504, the
12	12	fee for inspection of a motor vehicle other than a moped is $12.50.
13	13	The fee for inspection of a moped is $5.75.
14	14	[(b) Out of each fee for an inspection, $5.50] shall be
15	15	remitted to the state under Section 548.509.
16	16	At the time of application for registration or renewal of
17	17	registration of a motor vehicle, other than a commercial motor
18	18	vehicle required to pay a fee under Section 548.504, the applicant
19	19	shall pay a program fee of $5.50, which shall be remitted to the
20	20	state under Section 548.509.
21	21	SECTION 2. Section 382.0622(a), Health and Safety Code, is
22	22	amended to read as follows:
23	23	(a) Clean Air Act fees consist of:
24	24	(1) fees collected by the commission under Sections
25	25	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
26	26	by law; and
27	27	(2) $2 from the portion of each fee collected for
28	28	inspections of vehicles other than mopeds and remitted to the state
29	29	under Sections 548.501 [and 548.503], Transportation Code; and
30	30	[(3)] fees collected that are required under Section
31	31	185 of the federal Clean Air Act (42 U.S.C. Section 7511d).
32	32	SECTION 3. Section 382.202(d), Health and Safety Code, is
33	33	amended to read as follows:
34	34	(d) On adoption of a resolution by the commission and after
35	35	proper notice, the Department of Public Safety of the State of Texas
36	36	shall implement a system that requires, [as a condition of
37	37	obtaining a passing vehicle inspection report issued under
38	38	Subchapter C, Chapter 548, Transportation Code,] in a county that
39	39	is included in a vehicle emissions inspection and maintenance
40	40	program under Subchapter F, Chapter 548, Transportation Code [of
41	41	that chapter], that a motor vehicle registered in this state [the
42	42	vehicle], unless the vehicle is not covered by the system, be
43	43	annually or biennially inspected under the vehicle emissions
44	44	inspection and maintenance program as required by the state's air
45	45	quality state implementation plan. The Department of Public Safety
46	46	shall implement such a system when it is required by any provision
47	47	of federal or state law, including any provision of the state's air
48	48	quality state implementation plan.
49	49	SECTION 4. Section 382.203(c), Health and Safety Code, is
50	50	amended to read as follows:
51	51	(c) The Department of Public Safety of the State of Texas by
52	52	rule may waive program requirements, in accordance with standards
53	53	adopted by the commission, for certain vehicles and vehicle owners,
54	54	including:
55	55	(1) the registered owner of a vehicle who cannot
56	56	afford to comply with the program, based on reasonable income
57	57	standards;
58	58	(2) a vehicle that cannot be brought into compliance
59	59	with emissions standards by performing repairs;
60	60	(3) a vehicle:
61	61	(A) on which at least $100 has been spent to bring
62	62	the vehicle into compliance; and
63	63	(B) that the department[:
64	64	[(i)] can verify is driven an average of
65	65	fewer than 5,000 miles each year [was driven fewer than 5,000 miles
66	66	since the last safety inspection; and
67	67	[(ii) reasonably determines will be driven
68	68	fewer than 5,000 miles during the period before the next safety
69	69	inspection is required]; and
70	70	(4) a vehicle for which parts are not readily
71	71	available.
72	72	SECTION 5. Section 502.092(c), Transportation Code, is
73	73	amended to read as follows:
74	74	(c) A person may obtain a permit under this section by:
75	75	(1) applying to the department in a manner prescribed
76	76	by the department;
77	77	(2) paying a fee equal to 1/12 the registration fee
78	78	prescribed by this chapter for the vehicle;
79	79	(3) furnishing satisfactory evidence that the motor
80	80	vehicle is insured under an insurance policy that complies with
81	81	Section 601.072 and that is written by:
82	82	(A) an insurance company or surety company
83	83	authorized to write motor vehicle liability insurance in this
84	84	state; or
85	85	(B) with the department's approval, a surplus
86	86	lines insurer that meets the requirements of Chapter 981, Insurance
87	87	Code, and rules adopted by the commissioner of insurance under that
88	88	chapter, if the applicant is unable to obtain insurance from an
89	89	insurer described by Paragraph (A); and
90	90	(4) furnishing evidence that the vehicle has been
91	91	inspected if [as] required under Chapter 548.
92	92	SECTION 6. Section 547.601, Transportation Code, is amended
93	93	to read as follows:
94	94	Sec. 547.601. SAFETY BELTS REQUIRED. (a) A motor vehicle
95	95	[required by Chapter 548 to be inspected] shall be equipped with
96	96	front safety belts if safety belt anchorages were part of the
97	97	manufacturer's original equipment on the vehicle.
98	98	(b) Subsection (a) does not apply to a vehicle described by
99	99	Section 548.052.
100	100	SECTION 7. Section 548.001(10), Transportation Code, is
101	101	amended to read as follows:
102	102	(10) "Vehicle inspection report" means a report issued
103	103	by an inspector or an inspection station for a vehicle that
104	104	indicates whether the vehicle has passed a [the] safety or [and, if
105	105	applicable,] emissions inspection [inspections] required by this
106	106	chapter.
107	107	SECTION 8. The heading to Subchapter B, Chapter 548,
108	108	Transportation Code, is amended to read as follows:
109	109	SUBCHAPTER B. COMMERCIAL MOTOR VEHICLE INSPECTIONS: VEHICLES AND
110	110	EQUIPMENT SUBJECT TO SAFETY INSPECTION [AND REINSPECTION]
111	111	SECTION 9. Section 548.051(a), Transportation Code, is
112	112	amended to read as follows:
113	113	(a) A commercial motor vehicle that is a motor vehicle,
114	114	trailer, semitrailer, pole trailer, or mobile home, registered in
115	115	this state, must have the following items inspected at an
116	116	inspection station or by an inspector:
117	117	(1) tires;
118	118	(2) wheel assembly;
119	119	(3) safety guards or flaps, if required by Section
120	120	547.606;
121	121	(4) brake system, including power brake unit;
122	122	(5) steering system, including power steering;
123	123	(6) lighting equipment;
124	124	(7) horns and warning devices;
125	125	(8) mirrors;
126	126	(9) windshield wipers;
127	127	(10) [sunscreening devices, unless the vehicle is
128	128	exempt from sunscreen device restrictions under Section 547.613;
129	129	[(11)] front seat belts in vehicles on which seat belt
130	130	anchorages were part of the manufacturer's original equipment;
131	131	(11) [(12)] exhaust system;
132	132	(12) [(13)] exhaust emission system;
133	133	(13) [(14)] fuel tank cap, using pressurized testing
134	134	equipment approved by department rule; and
135	135	(14) [(15)] emissions control equipment as designated
136	136	by department rule.
137	137	SECTION 10. Section 548.052, Transportation Code, is
138	138	amended to read as follows:
139	139	Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
140	140	subchapter [chapter] does not apply to:
141	141	(1) a trailer, semitrailer, pole trailer, or mobile
142	142	home moving under or bearing a current factory-delivery license
143	143	plate or current in-transit license plate;
144	144	(2) a vehicle moving under or bearing a paper dealer
145	145	in-transit tag, machinery license, disaster license, parade
146	146	license, prorate tab, one-trip permit, vehicle temporary transit
147	147	permit, antique license, custom vehicle license, street rod
148	148	license, temporary 24-hour permit, or permit license;
149	149	(3) a trailer, semitrailer, pole trailer, or mobile
150	150	home having an actual gross weight or registered gross weight of
151	151	4,500 pounds or less;
152	152	(4) farm machinery, road-building equipment, a farm
153	153	trailer, or a vehicle required to display a slow-moving-vehicle
154	154	emblem under Section 547.703;
155	155	(5) a former military vehicle, as defined by Section
156	156	504.502;
157	157	(6) a vehicle qualified for a tax exemption under
158	158	Section 152.092, Tax Code; or
159	159	(7) a vehicle for which a certificate of title has been
160	160	issued but that is not required to be registered.
161	161	SECTION 11. Section 548.053, Transportation Code, is
162	162	transferred to Subchapter E, Chapter 548, Transportation Code,
163	163	redesignated as Section 548.255, Transportation Code, and amended
164	164	to read as follows:
165	165	Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING
166	166	ADJUSTMENT, CORRECTION, OR REPAIR. (a) If an inspection discloses
167	167	the necessity for adjustment, correction, or repair, an inspection
168	168	station or inspector may not issue a passing vehicle inspection
169	169	report until the adjustment, correction, or repair is made. The
170	170	owner of the vehicle may have the adjustment, correction, or repair
171	171	made by a qualified person of the owner's choice, subject to
172	172	reinspection. The vehicle shall be reinspected once free of charge
173	173	within 15 days after the date of the original inspection, not
174	174	including the date the original inspection is made, at the same
175	175	inspection station after the adjustment, correction, or repair is
176	176	made.
177	177	(b) A vehicle required to be inspected under Subchapter B
178	178	that is inspected and is subsequently involved in an accident
179	179	affecting the safe operation of an item of inspection must be
180	180	reinspected following repair. The reinspection must be at an
181	181	inspection station and shall be treated and charged as an initial
182	182	inspection.
183	183	SECTION 12. The heading to Subchapter C, Chapter 548,
184	184	Transportation Code, is amended to read as follows:
185	185	SUBCHAPTER C. COMMERCIAL MOTOR VEHICLE INSPECTIONS: PERIODS OF
186	186	SAFETY INSPECTION[; PREREQUISITES TO ISSUANCE OF PASSING VEHICLE
187	187	INSPECTION REPORT]
188	188	SECTION 13. Section 548.101, Transportation Code, is
189	189	amended to read as follows:
190	190	Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. The
191	191	[Except as provided by Section 548.102, the] department shall
192	192	require an [annual] inspection under Section 548.051 to be
193	193	conducted annually. The department shall set the periods of
194	194	inspection and may make rules with respect to those periods. [The
195	195	rules must provide that:
196	196	[(1) a vehicle owner may obtain an inspection not
197	197	earlier than 90 days before the date of expiration of the vehicle's
198	198	registration; and
199	199	[(2) a used motor vehicle sold by a dealer, as defined
200	200	by Section 503.001, must be inspected in the 180 days preceding the
201	201	date the dealer sells the vehicle.]
202	202	SECTION 14. Section 548.104, Transportation Code, is
203	203	transferred to Subchapter B, Chapter 548, Transportation Code,
204	204	redesignated as Section 548.054, and amended to read as follows:
205	205	Sec. 548.054 [548.104]. EQUIPMENT-RELATED REQUIREMENTS
206	206	[PREREQUISITES TO ISSUANCE OF PASSING VEHICLE INSPECTION REPORT].
207	207	(a) The commission shall adopt uniform standards of safety
208	208	applicable to each item required to be inspected by Section
209	209	548.051. The standards and the list of items to be inspected shall
210	210	be posted in each inspection station.
211	211	(b) An inspection station or inspector may issue a passing
212	212	vehicle inspection report only if the vehicle is inspected and
213	213	found to be in proper and safe condition and to comply with this
214	214	chapter and the rules adopted under this chapter.
215	215	(c) An inspection station or inspector may inspect only the
216	216	equipment required to be inspected by Section 548.051 and may not:
217	217	(1) falsely and fraudulently represent to an applicant
218	218	that equipment required to be inspected must be repaired, adjusted,
219	219	or replaced before the vehicle will pass inspection; or
220	220	(2) require an applicant to have another part of the
221	221	vehicle or other equipment inspected as a prerequisite for issuance
222	222	of a passing vehicle inspection report.
223	223	(d) An inspection station or inspector may not issue a
224	224	passing vehicle inspection report for a vehicle equipped with[:
225	225	[(1) a sunscreening device prohibited by Section
226	226	547.613, except that the department by rule shall provide
227	227	procedures for issuance of a passing vehicle inspection report for
228	228	a vehicle exempt under Section 547.613(c); or
229	229	[(2)] a compressed natural gas container unless the
230	230	owner demonstrates in accordance with department rules proof:
231	231	(1) [(A)] that:
232	232	(A) [(i)] the container has met the inspection
233	233	requirements under 49 C.F.R. Section 571.304; and
234	234	(B) [(ii)] the manufacturer's recommended
235	235	service life for the container, as stated on the container label
236	236	required by 49 C.F.R. Section 571.304, has not expired; or
237	237	(2) [(B)] that the vehicle is a fleet vehicle for
238	238	which the fleet operator employs a technician certified to inspect
239	239	the container.
240	240	(e) The department shall adopt rules relating to inspection
241	241	of and issuance of a vehicle inspection report for a moped.
242	242	SECTION 15. Section 548.105, Transportation Code, is
243	243	transferred to Subchapter E, Chapter 548, Transportation Code, and
244	244	redesignated as Section 548.2521 to read as follows:
245	245	Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL
246	246	RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE
247	247	INSPECTION REPORT. (a) An inspection station or inspector may not
248	248	issue a passing vehicle inspection report for a vehicle unless the
249	249	owner or operator furnishes evidence of financial responsibility at
250	250	the time of inspection. Evidence of financial responsibility may
251	251	be shown in the manner specified under Section 601.053(a). A
252	252	personal automobile insurance policy used as evidence of financial
253	253	responsibility must be written for a term of 30 days or more as
254	254	required by Section 1952.054, Insurance Code.
255	255	(b) An inspection station is not liable to a person,
256	256	including a third party, for issuing a passing vehicle inspection
257	257	report in reliance on evidence of financial responsibility
258	258	furnished to the station. An inspection station that is the seller
259	259	of a motor vehicle may rely on an oral insurance binder.
260	260	SECTION 16. The heading to Subchapter D, Chapter 548,
261	261	Transportation Code, is amended to read as follows:
262	262	SUBCHAPTER D. [INSPECTION OF] COMMERCIAL MOTOR VEHICLE
263	263	INSPECTIONS: FEDERAL MOTOR CARRIER SAFETY REGULATIONS [VEHICLES]
264	264	SECTION 17. Subchapter E, Chapter 548, Transportation Code,
265	265	is amended by adding Section 548.257 to read as follows:
266	266	Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED
267	267	ENFORCEMENT. The commission shall require a vehicle required to be
268	268	regularly inspected under this chapter to pass the required
269	269	inspection:
270	270	(1) not earlier than 90 days before the date of
271	271	expiration of the vehicle's registration; or
272	272	(2) if the vehicle is a used motor vehicle sold by a
273	273	dealer, as defined by Section 503.001, in the 180 days preceding the
274	274	date the dealer sells the vehicle.
275	275	SECTION 18. Section 548.501, Transportation Code, is
276	276	amended to read as follows:
277	277	Sec. 548.501. INSPECTION PROGRAM FEES [GENERALLY]. At the
278	278	time of application for registration or renewal of registration of
279	279	a motor vehicle, other than a commercial motor vehicle required to
280	280	pay a fee under Section 548.504, the applicant shall pay a program
281	281	fee of $5.50, which [(a) Except as provided by Sections 548.503 and
282	282	548.504, the fee for inspection of a motor vehicle other than a
283	283	moped is $12.50. The fee for inspection of a moped is $5.75.
284	284	[(b) Out of each fee for an inspection, $5.50] shall be
285	285	remitted to the state under Section 548.509.
286	286	SECTION 19. Section 548.505(a), Transportation Code, is
287	287	amended to read as follows:
288	288	(a) The department by rule may impose an inspection fee for
289	289	a vehicle inspected under Section 548.301(a) in addition to other
290	290	fees required by this subchapter [the fee provided by Section
291	291	548.501, 548.502, 548.503, or 548.504]. A fee imposed under this
292	292	subsection must be based on the costs of:
293	293	(1) providing inspections; and
294	294	(2) administering the program.
295	295	SECTION 20. Sections 548.102, 548.502, and 548.503,
296	296	Transportation Code, are repealed.
297	297	SECTION 21. The change in law made by this Act applies only
298	298	to an offense committed on or after the effective date of this Act.
299	299	An offense committed before the effective date of this Act is
300	300	governed by the law in effect on the date the offense was committed,
301	301	and the former law is continued in effect for that purpose. For
302	302	purposes of this section, an offense was committed before the
303	303	effective date of this Act if any element of the offense occurred
304	304	before that date.
305	305	SECTION 22. This Act takes effect September 1, 2017.