| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 85R24735 JXC-F | |
| 2 | - | By: Simmons, Pickett, et al. H.B. No. 3995 | |
| 3 | - | Substitute the following for H.B. No. 3995: | |
| 4 | - | By: Morrison C.S.H.B. No. 3995 | |
| 1 | + | By: Simmons H.B. No. 3995 | |
| 5 | 2 | ||
| 6 | 3 | ||
| 7 | 4 | A BILL TO BE ENTITLED | |
| 8 | 5 | AN ACT | |
| 9 | 6 | relating to the elimination of regular mandatory vehicle safety | |
| 10 | - | inspections | |
| 7 | + | inspections. | |
| 11 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 9 | SECTION 1. Section 382.0622(a), Health and Safety Code, is | |
| 13 | 10 | amended to read as follows: | |
| 14 | 11 | (a) Clean Air Act fees consist of: | |
| 15 | 12 | (1) fees collected by the commission under Sections | |
| 16 | 13 | 382.062, 382.0621, 382.202, and 382.302 and as otherwise provided | |
| 17 | 14 | by law; | |
| 18 | 15 | (2) [$2 from the portion of] each fee collected under | |
| 19 | - | Section 502.360 [for inspections of vehicles other than | |
| 20 | - | remitted to the state under Sections 548.501 and | |
| 21 | - | Transportation Code; and | |
| 16 | + | Section 502.360(c)(1) [for inspections of vehicles other than | |
| 17 | + | mopeds and remitted to the state under Sections 548.501 and | |
| 18 | + | 548.503], Transportation Code; and | |
| 22 | 19 | (3) fees collected that are required under Section 185 | |
| 23 | 20 | of the federal Clean Air Act (42 U.S.C. Section 7511d). | |
| 24 | 21 | SECTION 2. Section 382.202, Health and Safety Code, is | |
| 25 | 22 | amended by amending Subsection (d) and adding Subsection (e-1) to | |
| 26 | 23 | read as follows: | |
| 27 | 24 | (d) On adoption of a resolution by the commission and after | |
| 28 | 25 | proper notice, the Department of Public Safety of the State of Texas | |
| 29 | 26 | shall implement a system that requires, [as a condition of | |
| 30 | 27 | obtaining a passing vehicle inspection report issued under | |
| 31 | 28 | Subchapter C, Chapter 548, Transportation Code,] in a county that | |
| 32 | 29 | is included in a vehicle emissions inspection and maintenance | |
| 33 | 30 | program under Subchapter F, Chapter 548, Transportation Code [of | |
| 34 | 31 | that chapter], that a motor vehicle registered in this state [the | |
| 35 | 32 | vehicle], unless the vehicle is not covered by the system, be | |
| 36 | 33 | annually or biennially inspected under the vehicle emissions | |
| 37 | 34 | inspection and maintenance program as required by the state's air | |
| 38 | 35 | quality state implementation plan. The Department of Public Safety | |
| 39 | 36 | shall implement such a system when it is required by any provision | |
| 40 | 37 | of federal or state law, including any provision of the state's air | |
| 41 | 38 | quality state implementation plan. | |
| 42 | 39 | (e-1) The portion of a fee imposed under Subsection (e) that | |
| 43 | 40 | is not authorized to be retained by an inspection station must be | |
| 44 | 41 | collected as provided by Section 502.361. | |
| 45 | 42 | SECTION 3. Section 382.203(c), Health and Safety Code, is | |
| 46 | 43 | amended to read as follows: | |
| 47 | 44 | (c) The Department of Public Safety of the State of Texas by | |
| 48 | 45 | rule may waive program requirements, in accordance with standards | |
| 49 | 46 | adopted by the commission, for certain vehicles and vehicle owners, | |
| 50 | 47 | including: | |
| 51 | 48 | (1) the registered owner of a vehicle who cannot | |
| 52 | 49 | afford to comply with the program, based on reasonable income | |
| 53 | 50 | standards; | |
| 54 | 51 | (2) a vehicle that cannot be brought into compliance | |
| 55 | 52 | with emissions standards by performing repairs; | |
| 56 | 53 | (3) a vehicle: | |
| 57 | 54 | (A) on which at least $100 has been spent to bring | |
| 58 | 55 | the vehicle into compliance; and | |
| 59 | 56 | (B) that the department[: | |
| 60 | 57 | [(i)] can verify is driven an average of | |
| 61 | 58 | fewer than 5,000 miles each year [was driven fewer than 5,000 miles | |
| 62 | 59 | since the last safety inspection; and | |
| 63 | 60 | [(ii) reasonably determines will be driven | |
| 64 | 61 | fewer than 5,000 miles during the period before the next safety | |
| 65 | 62 | inspection is required]; and | |
| 66 | 63 | (4) a vehicle for which parts are not readily | |
| 67 | 64 | available. | |
| 68 | 65 | SECTION 4. Section 386.251(c), Health and Safety Code, is | |
| 69 | 66 | amended to read as follows: | |
| 70 | 67 | (c) The fund consists of: | |
| 71 | 68 | (1) the amount of money deposited to the credit of the | |
| 72 | 69 | fund under: | |
| 73 | 70 | (A) Section 386.056; | |
| 74 | 71 | (B) Sections 151.0515 and 152.0215, Tax Code; and | |
| 75 | 72 | (C) Sections 501.138 and [,] 502.358[, and | |
| 76 | 73 | 548.5055], Transportation Code; and | |
| 77 | 74 | (2) grant money recaptured under Section 386.111(d) | |
| 78 | 75 | and Chapter 391. | |
| 79 | 76 | SECTION 5. Section 502.092(c), Transportation Code, is | |
| 80 | 77 | amended to read as follows: | |
| 81 | 78 | (c) A person may obtain a permit under this section by: | |
| 82 | 79 | (1) applying to the department in a manner prescribed | |
| 83 | 80 | by the department; | |
| 84 | 81 | (2) paying a fee equal to 1/12 the registration fee | |
| 85 | 82 | prescribed by this chapter for the vehicle; | |
| 86 | 83 | (3) furnishing satisfactory evidence that the motor | |
| 87 | 84 | vehicle is insured under an insurance policy that complies with | |
| 88 | 85 | Section 601.072 and that is written by: | |
| 89 | 86 | (A) an insurance company or surety company | |
| 90 | 87 | authorized to write motor vehicle liability insurance in this | |
| 91 | 88 | state; or | |
| 92 | 89 | (B) with the department's approval, a surplus | |
| 93 | 90 | lines insurer that meets the requirements of Chapter 981, Insurance | |
| 94 | 91 | Code, and rules adopted by the commissioner of insurance under that | |
| 95 | 92 | chapter, if the applicant is unable to obtain insurance from an | |
| 96 | 93 | insurer described by Paragraph (A); and | |
| 97 | 94 | (4) furnishing evidence that the vehicle has been | |
| 98 | 95 | inspected if [as] required under Chapter 548. | |
| 99 | 96 | SECTION 6. Section 502.094(e), Transportation Code, is | |
| 100 | 97 | amended to read as follows: | |
| 101 | 98 | (e) A vehicle issued a permit under this section is subject | |
| 102 | 99 | to [Subchapters B and F,] Chapter 548, unless the vehicle: | |
| 103 | 100 | (1) is registered in another state of the United | |
| 104 | 101 | States, in a province of Canada, or in a state of the United Mexican | |
| 105 | 102 | States; or | |
| 106 | 103 | (2) is mobile drilling or servicing equipment used in | |
| 107 | 104 | the production of gas, crude petroleum, or oil, including a mobile | |
| 108 | 105 | crane or hoisting equipment, mobile lift equipment, forklift, or | |
| 109 | 106 | tug. | |
| 110 | 107 | SECTION 7. Section 502.146(d), Transportation Code, is | |
| 111 | 108 | amended to read as follows: | |
| 112 | 109 | (d) A vehicle described by Subsection (b) is exempt from the | |
| 113 | 110 | inspection requirements of Subchapter [Subchapters B and] F, | |
| 114 | 111 | Chapter 548. | |
| 115 | 112 | SECTION 8. Subchapter G, Chapter 502, Transportation Code, | |
| 116 | 113 | is amended by adding Sections 502.360 and 502.361 to read as | |
| 117 | 114 | follows: | |
| 118 | - | Sec. 502.360. INSPECTION PROGRAM | |
| 119 | - | addition to other fees imposed at the time of registration | |
| 120 | - | motor vehicle, at the time of application for registration or | |
| 115 | + | Sec. 502.360. FEES RELATED TO FORMER INSPECTION PROGRAM. | |
| 116 | + | (a) In addition to other fees imposed at the time of registration | |
| 117 | + | of a motor vehicle, at the time of application for registration or | |
| 121 | 118 | renewal of registration of a motor vehicle, the applicant shall pay | |
| 122 | - | an annual fee of: | |
| 123 | - | (1) $9.25 for a noncommercial motor vehicle that: | |
| 124 | - | (A) is sold in this state or purchased by a | |
| 125 | - | commercial fleet buyer described by Section 501.0234(b)(4) for use | |
| 126 | - | in this state; | |
| 127 | - | (B) has not been previously registered in this or | |
| 128 | - | another state; and | |
| 129 | - | (C) on the date of sale is of the current model | |
| 130 | - | year or preceding model year; | |
| 131 | - | (2) $5.50 for a noncommercial motor vehicle that is | |
| 132 | - | not a vehicle described by Subdivision (1); and | |
| 133 | - | (3) $20 for a commercial motor vehicle. | |
| 119 | + | a fee of: | |
| 120 | + | (1) $5.50 for each noncommercial motor vehicle; and | |
| 121 | + | (2) $10 for each commercial motor vehicle. | |
| 134 | 122 | (b) The department or the county tax assessor-collector, as | |
| 135 | 123 | applicable, shall remit the fee collected under Subsection (a) to | |
| 136 | 124 | the comptroller at the time and in the manner prescribed by the | |
| 137 | 125 | comptroller. | |
| 138 | - | (c) The comptroller shall deposit fees received under | |
| 139 | - | Subsection (a)(1) to the credit of the Texas mobility fund. | |
| 140 | - | (d) Out of fees received under Subsection (a)(2), the | |
| 126 | + | (c) Out of fees received under Subsection (a), the | |
| 141 | 127 | comptroller shall deposit: | |
| 142 | - | (1) $1. | |
| 128 | + | (1) $1.50 of each fee to the credit of the clean air | |
| 143 | 129 | account; | |
| 144 | - | (2) | |
| 145 | - | highway fund to be used only by the | |
| 146 | - | | |
| 130 | + | (2) 50 cents of each fee to the credit of the state | |
| 131 | + | highway fund to be used only by the Department of Public Safety for | |
| 132 | + | the mobile safety inspection program under Section 547.006; and | |
| 147 | 133 | (3) the remainder of each fee to the credit of the | |
| 148 | 134 | Texas mobility fund. | |
| 149 | - | (e) Out of fees received under Subsection (a)(3), the | |
| 150 | - | comptroller shall deposit: | |
| 151 | - | (1) $10 of each fee to the credit of the Texas mobility | |
| 152 | - | fund; and | |
| 153 | - | (2) $10 of each fee to the credit of the Texas | |
| 154 | - | emissions reduction plan fund. | |
| 155 | 135 | Sec. 502.361. COLLECTION OF EMISSIONS-RELATED INSPECTION | |
| 156 | 136 | FEE. The department or a county tax assessor-collector, as | |
| 157 | 137 | applicable, that registers a motor vehicle that is subject to an | |
| 158 | 138 | emissions-related inspection fee under Section 382.202, Health and | |
| 159 | 139 | Safety Code, or Section 548.505 of this code shall collect the fee | |
| 160 | 140 | at the time of registration of the motor vehicle. The department or | |
| 161 | 141 | county tax assessor-collector shall remit the fee to the | |
| 162 | 142 | comptroller at the time and in the manner prescribed by the | |
| 163 | 143 | comptroller. | |
| 164 | 144 | SECTION 9. Section 545.352(b), Transportation Code, is | |
| 165 | 145 | amended to read as follows: | |
| 166 | 146 | (b) Unless a special hazard exists that requires a slower | |
| 167 | 147 | speed for compliance with Section 545.351(b), the following speeds | |
| 168 | 148 | are lawful: | |
| 169 | 149 | (1) 30 miles per hour in an urban district on a street | |
| 170 | 150 | other than an alley and 15 miles per hour in an alley; | |
| 171 | 151 | (2) except as provided by Subdivision (4), 70 miles | |
| 172 | 152 | per hour on a highway numbered by this state or the United States | |
| 173 | 153 | outside an urban district, including a farm-to-market or | |
| 174 | 154 | ranch-to-market road; | |
| 175 | 155 | (3) except as provided by Subdivision (4), 60 miles | |
| 176 | 156 | per hour on a highway that is outside an urban district and not a | |
| 177 | 157 | highway numbered by this state or the United States; | |
| 178 | 158 | (4) outside an urban district: | |
| 179 | 159 | (A) 60 miles per hour if the vehicle is a school | |
| 180 | 160 | bus that [has passed a commercial motor vehicle inspection under | |
| 181 | 161 | Section 548.201 and] is on a highway numbered by the United States | |
| 182 | 162 | or this state, including a farm-to-market road; or | |
| 183 | 163 | (B) 50 miles per hour if the vehicle is a school | |
| 184 | 164 | bus that[: | |
| 185 | 165 | [(i) has not passed a commercial motor | |
| 186 | 166 | vehicle inspection under Section 548.201; or | |
| 187 | 167 | [(ii)] is traveling on a highway not | |
| 188 | 168 | numbered by the United States or this state; | |
| 189 | 169 | (5) on a beach, 15 miles per hour; or | |
| 190 | 170 | (6) on a county road adjacent to a public beach, 15 | |
| 191 | 171 | miles per hour, if declared by the commissioners court of the | |
| 192 | 172 | county. | |
| 193 | - | SECTION 10. Section 547.601, Transportation Code, is | |
| 173 | + | SECTION 10. Subchapter A, Chapter 547, Transportation Code, | |
| 174 | + | is amended by adding Section 547.006 to read as follows: | |
| 175 | + | Sec. 547.006. MOBILE SAFETY INSPECTION PROGRAM. The | |
| 176 | + | department shall establish a program to employ, train, and equip | |
| 177 | + | officers of the Texas Highway Patrol to detect moving motor | |
| 178 | + | vehicles that are in violation of this chapter. | |
| 179 | + | SECTION 11. Section 547.601, Transportation Code, is | |
| 194 | 180 | amended to read as follows: | |
| 195 | 181 | Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle | |
| 196 | 182 | [required by Chapter 548 to be inspected] shall be equipped with | |
| 197 | 183 | front safety belts if safety belt anchorages were part of the | |
| 198 | 184 | manufacturer's original equipment on the vehicle. | |
| 199 | - | SECTION | |
| 185 | + | SECTION 12. The heading to Chapter 548, Transportation | |
| 200 | 186 | Code, is amended to read as follows: | |
| 201 | 187 | CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES | |
| 202 | - | SECTION | |
| 188 | + | SECTION 13. Section 548.001(10), Transportation Code, is | |
| 203 | 189 | amended to read as follows: | |
| 204 | 190 | (10) "Vehicle inspection report" means a report issued | |
| 205 | 191 | by an inspector or an inspection station for a vehicle that | |
| 206 | 192 | indicates whether the vehicle has passed an [the safety and, if | |
| 207 | 193 | applicable,] emissions inspection [inspections] required by this | |
| 208 | 194 | chapter. | |
| 209 | - | SECTION | |
| 195 | + | SECTION 14. Section 548.005, Transportation Code, is | |
| 210 | 196 | amended to read as follows: | |
| 211 | - | Sec. 548.005. INSPECTION ONLY BY CERTAIN [STATE-CERTIFIED | |
| 212 | - | AND SUPERVISED] INSPECTION STATIONS [STATION]. A compulsory | |
| 213 | - | inspection under this chapter may be made only by an inspection | |
| 214 | - | station, except that the department may: | |
| 215 | - | (1) permit inspection to be made by an inspector under | |
| 216 | - | terms and conditions the department prescribes; | |
| 217 | - | (2) authorize the acceptance in this state of a | |
| 218 | - | certificate of inspection and approval issued in another state | |
| 219 | - | having a similar inspection law; [and] | |
| 220 | - | (3) authorize the acceptance in this state of a | |
| 221 | - | certificate of inspection and approval issued in compliance with 49 | |
| 222 | - | C.F.R. Part 396 to a motor bus, as defined by Section 502.001, that | |
| 223 | - | is registered in this state but is not domiciled in this state; and | |
| 224 | 197 | (4) authorize the acceptance in this state of a | |
| 225 | - | certificate of inspection and approval issued: | |
| 226 | - | (A) by an inspector qualified under 49 C.F.R. | |
| 227 | - | Part 396 acting as an employee or authorized agent of the owner of a | |
| 228 | - | commercial fleet, as defined in Section 502.001; and | |
| 229 | - | (B) to a commercial motor vehicle that is: | |
| 230 | - | (i) part of the fleet; and | |
| 231 | - | (ii) registered in this state. | |
| 232 | - | SECTION 14. Section 548.006(b), Transportation Code, is | |
| 198 | + | certificate of inspection and approval issued on vehicles specified | |
| 199 | + | in, and in compliance with, Section 548.201 by an inspector, with | |
| 200 | + | qualifications as specified in 49 C.F.R. 396.19, acting as an | |
| 201 | + | employee or authorized agent of the owner of a commercial fleet, as | |
| 202 | + | defined in Section 502.001, that is registered in this state. | |
| 203 | + | SECTION 15. Section 548.006(b), Transportation Code, is | |
| 233 | 204 | amended to read as follows: | |
| 234 | 205 | (b) The members of the commission shall appoint seven | |
| 235 | 206 | members of the committee as follows: | |
| 236 | 207 | (1) four persons to represent inspection station | |
| 237 | 208 | owners and operators[, with two of those persons from counties | |
| 238 | 209 | conducting vehicle emissions testing under Subchapter F and two of | |
| 239 | 210 | those persons from counties conducting safety only inspections]; | |
| 240 | 211 | (2) one person to represent manufacturers of motor | |
| 241 | 212 | vehicle emissions inspection devices; | |
| 242 | 213 | (3) one person to represent independent vehicle | |
| 243 | 214 | equipment repair technicians; and | |
| 244 | 215 | (4) one person to represent the public interest. | |
| 245 | - | SECTION | |
| 216 | + | SECTION 16. Section 548.052, Transportation Code, is | |
| 246 | 217 | transferred to Subchapter K, Chapter 547, Transportation Code, | |
| 247 | 218 | redesignated as Section 547.6011, Transportation Code, and amended | |
| 248 | 219 | to read as follows: | |
| 249 | 220 | Sec. 547.6011 [548.052]. VEHICLES NOT REQUIRED TO BE | |
| 250 | 221 | EQUIPPED WITH SAFETY BELTS [SUBJECT TO INSPECTION]. Section | |
| 251 | 222 | 547.601 [This chapter] does not apply to: | |
| 252 | 223 | (1) a trailer, semitrailer, pole trailer, or mobile | |
| 253 | 224 | home moving under or bearing a current factory-delivery license | |
| 254 | 225 | plate or current in-transit license plate; | |
| 255 | 226 | (2) a vehicle moving under or bearing a paper dealer | |
| 256 | 227 | in-transit tag, machinery license, disaster license, parade | |
| 257 | 228 | license, prorate tab, one-trip permit, vehicle temporary transit | |
| 258 | 229 | permit, antique license, custom vehicle license, street rod | |
| 259 | 230 | license, temporary 24-hour permit, or permit license; | |
| 260 | 231 | (3) a trailer, semitrailer, pole trailer, or mobile | |
| 261 | 232 | home having an actual gross weight or registered gross weight of | |
| 262 | 233 | 4,500 pounds or less; | |
| 263 | 234 | (4) farm machinery, road-building equipment, a farm | |
| 264 | 235 | trailer, or a vehicle required to display a slow-moving-vehicle | |
| 265 | 236 | emblem under Section 547.703; | |
| 266 | 237 | (5) a former military vehicle, as defined by Section | |
| 267 | 238 | 504.502; | |
| 268 | 239 | (6) a vehicle qualified for a tax exemption under | |
| 269 | 240 | Section 152.092, Tax Code; or | |
| 270 | 241 | (7) a vehicle for which a certificate of title has been | |
| 271 | 242 | issued but that is not required to be registered. | |
| 272 | - | SECTION | |
| 243 | + | SECTION 17. Section 548.053, Transportation Code, is | |
| 273 | 244 | transferred to Subchapter E, Chapter 548, Transportation Code, | |
| 274 | 245 | redesignated as Section 548.255, Transportation Code, and amended | |
| 275 | 246 | to read as follows: | |
| 276 | 247 | Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING | |
| 277 | 248 | ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection | |
| 278 | 249 | discloses the necessity for adjustment, correction, or repair, an | |
| 279 | 250 | inspection station or inspector may not issue a passing vehicle | |
| 280 | 251 | inspection report until the adjustment, correction, or repair is | |
| 281 | 252 | made. The owner of the vehicle may have the adjustment, correction, | |
| 282 | 253 | or repair made by a qualified person of the owner's choice, subject | |
| 283 | 254 | to reinspection. The vehicle shall be reinspected once free of | |
| 284 | 255 | charge within 15 days after the date of the original inspection, not | |
| 285 | 256 | including the date the original inspection is made, at the same | |
| 286 | 257 | inspection station after the adjustment, correction, or repair is | |
| 287 | 258 | made. | |
| 288 | 259 | [(b) A vehicle that is inspected and is subsequently | |
| 289 | 260 | involved in an accident affecting the safe operation of an item of | |
| 290 | 261 | inspection must be reinspected following repair. The reinspection | |
| 291 | 262 | must be at an inspection station and shall be treated and charged as | |
| 292 | 263 | an initial inspection.] | |
| 293 | - | SECTION | |
| 264 | + | SECTION 18. Section 548.105, Transportation Code, is | |
| 294 | 265 | transferred to Subchapter E, Chapter 548, Transportation Code, and | |
| 295 | 266 | redesignated as Section 548.2521, Transportation Code, to read as | |
| 296 | 267 | follows: | |
| 297 | 268 | Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL | |
| 298 | 269 | RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE | |
| 299 | 270 | INSPECTION REPORT. (a) An inspection station or inspector may not | |
| 300 | 271 | issue a passing vehicle inspection report for a vehicle unless the | |
| 301 | 272 | owner or operator furnishes evidence of financial responsibility at | |
| 302 | - | the time of inspection. Evidence of financial responsibility may | |
| 303 | - | ||
| 304 | - | ||
| 273 | + | the time of inspection. Evidence of financial responsibility may be | |
| 274 | + | shown in the manner specified under Section 601.053(a). A personal | |
| 275 | + | automobile insurance policy used as evidence of financial | |
| 305 | 276 | responsibility must be written for a term of 30 days or more as | |
| 306 | 277 | required by Section 1952.054, Insurance Code. | |
| 307 | 278 | (b) An inspection station is not liable to a person, | |
| 308 | 279 | including a third party, for issuing a passing vehicle inspection | |
| 309 | 280 | report in reliance on evidence of financial responsibility | |
| 310 | 281 | furnished to the station. An inspection station that is the seller | |
| 311 | 282 | of a motor vehicle may rely on an oral insurance binder. | |
| 312 | - | SECTION | |
| 283 | + | SECTION 19. Section 548.201, Transportation Code, is | |
| 313 | 284 | amended to read as follows: | |
| 314 | 285 | Sec. 548.201. COMMERCIAL MOTOR VEHICLE INSPECTION PROGRAM. | |
| 315 | 286 | [(a)] The commission may [shall] establish an inspection program | |
| 316 | - | for commercial motor vehicles | |
| 317 | - | [ | |
| 318 | - | ||
| 319 | - | | |
| 320 | - | ||
| 321 | - | | |
| 322 | - | ||
| 287 | + | for commercial motor vehicles if necessary to comply with [that: | |
| 288 | + | [(1) meets] the requirements of federal motor | |
| 289 | + | carrier safety regulations[; and | |
| 290 | + | [(2) requires a commercial motor vehicle | |
| 291 | + | registered in this state to pass an annual inspection of all safety | |
| 292 | + | equipment required by the federal motor carrier safety | |
| 293 | + | regulations]. | |
| 323 | 294 | [(b) A program under this section also applies to any: | |
| 324 | - | [(1) vehicle or combination of vehicles with a | |
| 325 | - | weight rating of more than 10,000 pounds that is operated in | |
| 295 | + | [(1) vehicle or combination of vehicles with a | |
| 296 | + | gross weight rating of more than 10,000 pounds that is operated in | |
| 326 | 297 | interstate commerce and registered in this state; | |
| 327 | 298 | [(2) school activity bus, as defined in Section | |
| 328 | 299 | 541.201, that has a gross weight, registered weight, or gross | |
| 329 | 300 | weight rating of more than 26,000 pounds, or is designed to | |
| 330 | 301 | transport more than 15 passengers, including the driver; and | |
| 331 | 302 | [(3) school bus that will operate at a speed | |
| 332 | 303 | authorized by Section 545.352(b)(5)(A).] | |
| 333 | - | SECTION | |
| 304 | + | SECTION 20. Subchapter E, Chapter 548, Transportation Code, | |
| 334 | 305 | is amended by adding Section 548.257 to read as follows: | |
| 335 | 306 | Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED | |
| 336 | 307 | ENFORCEMENT. The commission shall require a vehicle required to be | |
| 337 | 308 | inspected under this chapter to pass the required inspection: | |
| 338 | 309 | (1) not earlier than 90 days before the date of | |
| 339 | 310 | expiration of the vehicle's registration; or | |
| 340 | 311 | (2) if the vehicle is a used motor vehicle sold by a | |
| 341 | 312 | dealer, as defined by Section 503.001, in the 180 days preceding the | |
| 342 | 313 | date the dealer sells the vehicle. | |
| 343 | - | SECTION | |
| 314 | + | SECTION 21. Section 548.505, Transportation Code, is | |
| 344 | 315 | amended to read as follows: | |
| 345 | 316 | Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The | |
| 346 | 317 | department by rule may impose an inspection fee for a vehicle | |
| 347 | 318 | inspected under Section 548.301(a) in addition to a fee adopted | |
| 348 | 319 | under Section 382.202, Health and Safety Code [the fee provided by | |
| 349 | 320 | Section 548.501, 548.502, 548.503, or 548.504]. A fee imposed | |
| 350 | 321 | under this subsection must be based on the costs of: | |
| 351 | 322 | (1) providing inspections; and | |
| 352 | 323 | (2) administering the program. | |
| 353 | 324 | (b) A fee described by Subsection (a) must be collected as | |
| 354 | 325 | provided by Section 502.361. [The department may provide a maximum | |
| 355 | 326 | fee for an inspection under this subchapter. The department may not | |
| 356 | 327 | set a minimum fee for an inspection under this subchapter.] | |
| 357 | - | SECTION | |
| 328 | + | SECTION 22. Section 548.603(a), Transportation Code, is | |
| 358 | 329 | amended to read as follows: | |
| 359 | 330 | (a) A person commits an offense if the person: | |
| 360 | 331 | (1) presents to an official of this state or a | |
| 361 | 332 | political subdivision of this state a vehicle inspection report or | |
| 362 | 333 | insurance document knowing that the report or document is | |
| 363 | 334 | counterfeit, tampered with, altered, fictitious, issued for | |
| 364 | 335 | another vehicle, issued for a vehicle failing to meet all emissions | |
| 365 | 336 | inspection requirements, or issued in violation of: | |
| 366 | 337 | (A) this chapter, rules adopted under this | |
| 367 | 338 | chapter, or other law of this state; or | |
| 368 | 339 | (B) a law of another state, the United States, | |
| 369 | 340 | the United Mexican States, a state of the United Mexican States, | |
| 370 | 341 | Canada, or a province of Canada; or | |
| 371 | 342 | (2) [with intent to circumvent the emissions | |
| 372 | 343 | inspection requirements seeks an inspection of a vehicle at a | |
| 373 | 344 | station not certified to perform an emissions inspection if the | |
| 374 | 345 | person knows that the vehicle is required to be inspected under | |
| 375 | 346 | Section 548.301; or | |
| 376 | 347 | [(3)] knowingly does not comply with an emissions | |
| 377 | 348 | inspection requirement for a vehicle. | |
| 378 | - | SECTION | |
| 349 | + | SECTION 23. Section 548.604(a), Transportation Code, is | |
| 379 | 350 | amended to read as follows: | |
| 380 | 351 | (a) A person commits an offense if the person operates or | |
| 381 | 352 | moves a motor vehicle, trailer, semitrailer, pole trailer, or | |
| 382 | 353 | mobile home, or a combination of those vehicles, that is[: | |
| 383 | 354 | [(1)] equipped in violation of this chapter or a rule | |
| 384 | 355 | adopted under this chapter[; or | |
| 385 | - | [(2) in a mechanical condition that endangers a | |
| 386 | - | including the operator or an occupant, or property]. | |
| 387 | - | SECTION | |
| 356 | + | [(2) in a mechanical condition that endangers a | |
| 357 | + | person, including the operator or an occupant, or property]. | |
| 358 | + | SECTION 24. The following provisions of the Transportation | |
| 388 | 359 | Code are repealed: | |
| 389 | 360 | (1) the heading to Subchapter B, Chapter 548; | |
| 390 | 361 | (2) Section 548.051; | |
| 391 | 362 | (3) the heading to Subchapter C, Chapter 548; | |
| 392 | 363 | (4) Sections 548.101, 548.102, 548.103, and 548.104; | |
| 393 | 364 | (5) Sections 548.202 and 548.203; | |
| 394 | 365 | (6) Sections 548.301(d) and 548.3045(b); and | |
| 395 | 366 | (7) Sections 548.501, 548.502, 548.503, 548.504, | |
| 396 | 367 | 548.5055, 548.508, and 548.509. | |
| 397 | - | SECTION | |
| 368 | + | SECTION 25Not later than January 1, 2019, the Department of | |
| 398 | 369 | Public Safety shall submit to the lieutenant governor and the | |
| 399 | 370 | speaker of the house of representatives a report on changes in the | |
| 400 | 371 | department's expenses and income that result from implementing the | |
| 401 | 372 | changes in law required by this Act, including the increase or | |
| 402 | 373 | decrease, if any, of the number of full-time equivalent employees | |
| 403 | 374 | needed to administer Chapters 547 and 548, Transportation Code, | |
| 404 | 375 | between September 1, 2017, and the date the report is prepared. | |
| 405 | - | SECTION | |
| 376 | + | SECTION 26. The change in law made by this Act applies only | |
| 406 | 377 | to an offense committed on or after the effective date of this Act. | |
| 407 | 378 | An offense committed before the effective date of this Act is | |
| 408 | 379 | governed by the law in effect on the date the offense was committed, | |
| 409 | 380 | and the former law is continued in effect for that purpose. For | |
| 410 | 381 | purposes of this section, an offense was committed before the | |
| 411 | 382 | effective date of this Act if any element of the offense occurred | |
| 412 | 383 | before that date. | |
| 413 | - | SECTION | |
| 384 | + | SECTION 27. This Act takes effect September 1, 2017. |