Texas 2017 - 85th Regular

Texas Senate Bill SB1588 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Huffines, et al. S.B. No. 1588
2		-	(Simmons)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the elimination of regular mandatory vehicle safety
8	7		inspections and the imposition of replacement fees.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 382.0622(a), Health and Safety Code, is
11	10		amended to read as follows:
12	11		(a) Clean Air Act fees consist of:
13	12		(1) fees collected by the commission under Sections
14	13		382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
15	14		by law;
16	15		(2) [$2 from the portion of] each fee collected under
17	16		Section 502.360 [for inspections of vehicles other than mopeds and
18	17		remitted to the state under Sections 548.501 and 548.503],
19	18		Transportation Code; and
20	19		(3) fees collected that are required under Section 185
21	20		of the federal Clean Air Act (42 U.S.C. Section 7511d).
22	21		SECTION 2. Section 382.202, Health and Safety Code, is
23	22		amended by amending Subsection (d) and adding Subsection (e-1) to
24	23		read as follows:
25	24		(d) On adoption of a resolution by the commission and after
26	25		proper notice, the Department of Public Safety of the State of Texas
27	26		shall implement a system that requires, [as a condition of
28	27		obtaining a passing vehicle inspection report issued under
29	28		Subchapter C, Chapter 548, Transportation Code,] in a county that
30	29		is included in a vehicle emissions inspection and maintenance
31	30		program under Subchapter F, Chapter 548, Transportation Code [of
32	31		that chapter], that a motor vehicle registered in this state [the
33	32		vehicle], unless the vehicle is not covered by the system, be
34	33		annually or biennially inspected under the vehicle emissions
35	34		inspection and maintenance program as required by the state's air
36	35		quality state implementation plan. The Department of Public Safety
37	36		shall implement such a system when it is required by any provision
38	37		of federal or state law, including any provision of the state's air
39	38		quality state implementation plan.
40	39		(e-1) The portion of a fee imposed under Subsection (e) that
41	40		is not authorized to be retained by an inspection station must be
42	41		collected as provided by Section 502.361.
43	42		SECTION 3. Section 382.203(c), Health and Safety Code, is
44	43		amended to read as follows:
45	44		(c) The Department of Public Safety of the State of Texas by
46	45		rule may waive program requirements, in accordance with standards
47	46		adopted by the commission, for certain vehicles and vehicle owners,
48	47		including:
49	48		(1) the registered owner of a vehicle who cannot
50	49		afford to comply with the program, based on reasonable income
51	50		standards;
52	51		(2) a vehicle that cannot be brought into compliance
53	52		with emissions standards by performing repairs;
54	53		(3) a vehicle:
55	54		(A) on which at least $100 has been spent to bring
56	55		the vehicle into compliance; and
57	56		(B) that the department[:
58	57		[(i)] can verify is driven an average of
59	58		fewer than 5,000 miles each year [was driven fewer than 5,000 miles
60	59		since the last safety inspection; and
61	60		[(ii) reasonably determines will be driven
62	61		fewer than 5,000 miles during the period before the next safety
63	62		inspection is required]; and
64	63		(4) a vehicle for which parts are not readily
65	64		available.
66	65		SECTION 4. Section 386.251(c), Health and Safety Code, is
67	66		amended to read as follows:
68	67		(c) The fund consists of:
69	68		(1) the amount of money deposited to the credit of the
70	69		fund under:
71	70		(A) Section 386.056;
72	71		(B) Sections 151.0515 and 152.0215, Tax Code; and
73	72		(C) Sections 501.138 and[,] 502.358[, and
74	73		548.5055], Transportation Code; and
75	74		(2) grant money recaptured under Section 386.111(d)
76	75		and Chapter 391.
77	76		SECTION 5. Section 502.092(c), Transportation Code, is
78	77		amended to read as follows:
79	78		(c) A person may obtain a permit under this section by:
80	79		(1) applying to the department in a manner prescribed
81	80		by the department;
82	81		(2) paying a fee equal to 1/12 the registration fee
83	82		prescribed by this chapter for the vehicle;
84	83		(3) furnishing satisfactory evidence that the motor
85	84		vehicle is insured under an insurance policy that complies with
86	85		Section 601.072 and that is written by:
87	86		(A) an insurance company or surety company
88	87		authorized to write motor vehicle liability insurance in this
89	88		state; or
90	89		(B) with the department's approval, a surplus
91	90		lines insurer that meets the requirements of Chapter 981, Insurance
92	91		Code, and rules adopted by the commissioner of insurance under that
93	92		chapter, if the applicant is unable to obtain insurance from an
94	93		insurer described by Paragraph (A); and
95	94		(4) furnishing evidence that the vehicle has been
96	95		inspected if [as] required under Chapter 548.
97	96		SECTION 6. Section 502.094(e), Transportation Code, is
98	97		amended to read as follows:
99	98		(e) A vehicle issued a permit under this section is subject
100	99		to [Subchapters B and F,] Chapter 548, unless the vehicle:
101	100		(1) is registered in another state of the United
102	101		States, in a province of Canada, or in a state of the United Mexican
103	102		States; or
104	103		(2) is mobile drilling or servicing equipment used in
105	104		the production of gas, crude petroleum, or oil, including a mobile
106	105		crane or hoisting equipment, mobile lift equipment, forklift, or
107	106		tug.
108	107		SECTION 7. Section 502.146(d), Transportation Code, is
109	108		amended to read as follows:
110	109		(d) A vehicle described by Subsection (b) is exempt from the
111	110		inspection requirements of Subchapter [Subchapters B and] F,
112	111		Chapter 548.
113	112		SECTION 8. Subchapter G, Chapter 502, Transportation Code,
114	113		is amended by adding Sections 502.360 and 502.361 to read as
115	114		follows:
116	115		Sec. 502.360. INSPECTION PROGRAM REPLACEMENT FEES. (a) In
117	116		addition to other fees imposed at the time of registration of a
118	117		motor vehicle, at the time of application for registration or
119	118		renewal of registration of a motor vehicle, the applicant shall pay
120	119		an annual fee of:
121	120		(1) $9.25 for a noncommercial motor vehicle that:
122	121		(A) is sold in this state or purchased by a
123	122		commercial fleet buyer described by Section 501.0234(b)(4) for use
124	123		in this state;
125	124		(B) has not been previously registered in this or
126	125		another state; and
127	126		(C) on the date of sale is of the current model
128	127		year or preceding model year;
129	128		(2) $5.50 for a noncommercial motor vehicle that is
130	129		not a vehicle described by Subdivision (1); and
131	130		(3) $20 for a commercial motor vehicle.
132	131		(b) The department or the county tax assessor-collector, as
133	132		applicable, shall remit the fee collected under Subsection (a) to
134	133		the comptroller at the time and in the manner prescribed by the
135	134		comptroller.
136	135		(c) The comptroller shall deposit fees received under
137	136		Subsection (a)(1) to the credit of the Texas mobility fund.
138	137		(d) Out of fees received under Subsection (a)(2), the
139	138		comptroller shall deposit:
140	139		(1) $1.85 of each fee to the credit of the clean air
141	140		account;
142	141		(2) 15 cents of each fee to the credit of the state
143	142		highway fund to be used only by the Texas Department of
144	143		Transportation for safety initiatives; and
145	144		(3) the remainder of each fee to the credit of the
146	145		Texas mobility fund.
147	146		(e) Out of fees received under Subsection (a)(3), the
148	147		comptroller shall deposit:
149	148		(1) $10 of each fee to the credit of the Texas mobility
150	149		fund; and
151	150		(2) $10 of each fee to the credit of the Texas
152	151		emissions reduction plan fund.
153	152		Sec. 502.361. COLLECTION OF EMISSIONS-RELATED INSPECTION
154	153		FEE. The department or a county tax assessor-collector, as
155	154		applicable, that registers a motor vehicle that is subject to an
156	155		emissions-related inspection fee under Section 382.202, Health and
157	156		Safety Code, or Section 548.505 of this code shall collect the fee
158	157		at the time of registration of the motor vehicle. The department or
159	158		county tax assessor-collector shall remit the fee to the
160	159		comptroller at the time and in the manner prescribed by the
161	160		comptroller.
162	161		SECTION 9. Section 545.352(b), Transportation Code, is
163	162		amended to read as follows:
164	163		(b) Unless a special hazard exists that requires a slower
165	164		speed for compliance with Section 545.351(b), the following speeds
166	165		are lawful:
167	166		(1) 30 miles per hour in an urban district on a street
168	167		other than an alley and 15 miles per hour in an alley;
169	168		(2) except as provided by Subdivision (4), 70 miles
170	169		per hour on a highway numbered by this state or the United States
171	170		outside an urban district, including a farm-to-market or
172	171		ranch-to-market road;
173	172		(3) except as provided by Subdivision (4), 60 miles
174	173		per hour on a highway that is outside an urban district and not a
175	174		highway numbered by this state or the United States;
176	175		(4) outside an urban district:
177	176		(A) 60 miles per hour if the vehicle is a school
178	177		bus that [has passed a commercial motor vehicle inspection under
179	178		Section 548.201 and] is on a highway numbered by the United States
180	179		or this state, including a farm-to-market road; or
181	180		(B) 50 miles per hour if the vehicle is a school
182	181		bus that[:
183	182		[(i) has not passed a commercial motor
184	183		vehicle inspection under Section 548.201; or
185	184		[(ii)] is traveling on a highway not
186	185		numbered by the United States or this state;
187	186		(5) on a beach, 15 miles per hour; or
188	187		(6) on a county road adjacent to a public beach, 15
189	188		miles per hour, if declared by the commissioners court of the
190	189		county.
191	190		SECTION 10. Section 547.601, Transportation Code, is
192	191		amended to read as follows:
193	192		Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
194	193		[required by Chapter 548 to be inspected] shall be equipped with
195	194		front safety belts if safety belt anchorages were part of the
196	195		manufacturer's original equipment on the vehicle.
197	196		SECTION 11. The heading to Chapter 548, Transportation
198	197		Code, is amended to read as follows:
199	198		CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
200	199		SECTION 12. Section 548.001(10), Transportation Code, is
201	200		amended to read as follows:
202	201		(10) "Vehicle inspection report" means a report issued
203	202		by an inspector or an inspection station for a vehicle that
204	203		indicates whether the vehicle has passed an [the safety and, if
205	204		applicable,] emissions inspection [inspections] required by this
206	205		chapter.
207	206		SECTION 13. Section 548.005, Transportation Code, is
208	207		amended to read as follows:
209	208		Sec. 548.005. INSPECTION ONLY BY CERTAIN [STATE-CERTIFIED
210	209		AND SUPERVISED] INSPECTION STATIONS [STATION]. A compulsory
211	210		inspection under this chapter may be made only by an inspection
212	211		station, except that the department may:
213	212		(1) permit inspection to be made by an inspector under
214	213		terms and conditions the department prescribes;
215	214		(2) authorize the acceptance in this state of a
216	215		certificate of inspection and approval issued in another state
217	216		having a similar inspection law; [and]
218	217		(3) authorize the acceptance in this state of a
219	218		certificate of inspection and approval issued in compliance with 49
220	219		C.F.R. Part 396 to a motor bus, as defined by Section 502.001, that
221	220		is registered in this state but is not domiciled in this state; and
222	221		(4) authorize the acceptance in this state of a
223	222		certificate of inspection and approval issued:
224	223		(A) by an inspector qualified under 49 C.F.R.
225	224		Part 396 acting as an employee or authorized agent of the owner of a
226	225		commercial fleet, as defined in Section 502.001; and
227	226		(B) to a commercial motor vehicle that is:
228	227		(i) part of the fleet; and
229	228		(ii) registered in this state.
230	229		SECTION 14. Section 548.006(b), Transportation Code, is
231	230		amended to read as follows:
232	231		(b) The members of the commission shall appoint seven
233	232		members of the committee as follows:
234	233		(1) four persons to represent inspection station
235	234		owners and operators[, with two of those persons from counties
236	235		conducting vehicle emissions testing under Subchapter F and two of
237	236		those persons from counties conducting safety only inspections];
238	237		(2) one person to represent manufacturers of motor
239	238		vehicle emissions inspection devices;
240	239		(3) one person to represent independent vehicle
241	240		equipment repair technicians; and
242	241		(4) one person to represent the public interest.
243	242		SECTION 15. Section 548.052, Transportation Code, is
244	243		transferred to Subchapter K, Chapter 547, Transportation Code,
245	244		redesignated as Section 547.6011, Transportation Code, and amended
246	245		to read as follows:
247	246		Sec. 547.6011 [548.052]. VEHICLES NOT REQUIRED TO BE
248	247		EQUIPPED WITH SAFETY BELTS [SUBJECT TO INSPECTION]. Section
249	248		547.601 [This chapter] does not apply to:
250	249		(1) a trailer, semitrailer, pole trailer, or mobile
251	250		home moving under or bearing a current factory-delivery license
252	251		plate or current in-transit license plate;
253	252		(2) a vehicle moving under or bearing a paper dealer
254	253		in-transit tag, machinery license, disaster license, parade
255	254		license, prorate tab, one-trip permit, vehicle temporary transit
256	255		permit, antique license, custom vehicle license, street rod
257	256		license, temporary 24-hour permit, or permit license;
258	257		(3) a trailer, semitrailer, pole trailer, or mobile
259	258		home having an actual gross weight or registered gross weight of
260	259		4,500 pounds or less;
261	260		(4) farm machinery, road-building equipment, a farm
262	261		trailer, or a vehicle required to display a slow-moving-vehicle
263	262		emblem under Section 547.703;
264	263		(5) a former military vehicle, as defined by Section
265	264		504.502;
266	265		(6) a vehicle qualified for a tax exemption under
267	266		Section 152.092, Tax Code; or
268	267		(7) a vehicle for which a certificate of title has been
269	268		issued but that is not required to be registered.
270	269		SECTION 16. Section 548.053, Transportation Code, is
271	270		transferred to Subchapter E, Chapter 548, Transportation Code,
272	271		redesignated as Section 548.255, Transportation Code, and amended
273	272		to read as follows:
274	273		Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING
275	274		ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection
276	275		discloses the necessity for adjustment, correction, or repair, an
277	276		inspection station or inspector may not issue a passing vehicle
278	277		inspection report until the adjustment, correction, or repair is
279	278		made. The owner of the vehicle may have the adjustment, correction,
280	279		or repair made by a qualified person of the owner's choice, subject
281	280		to reinspection. The vehicle shall be reinspected once free of
282	281		charge within 15 days after the date of the original inspection, not
283	282		including the date the original inspection is made, at the same
284	283		inspection station after the adjustment, correction, or repair is
285	284		made.
286	285		[(b) A vehicle that is inspected and is subsequently
287	286		involved in an accident affecting the safe operation of an item of
288	287		inspection must be reinspected following repair. The reinspection
289	288		must be at an inspection station and shall be treated and charged as
290	289		an initial inspection.]
291	290		SECTION 17. Section 548.105, Transportation Code, is
292	291		transferred to Subchapter E, Chapter 548, Transportation Code, and
293	292		redesignated as Section 548.2521, Transportation Code, to read as
294	293		follows:
295	294		Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL
296	295		RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE
297	296		INSPECTION REPORT. (a) An inspection station or inspector may not
298	297		issue a passing vehicle inspection report for a vehicle unless the
299	298		owner or operator furnishes evidence of financial responsibility at
300	299		the time of inspection. Evidence of financial responsibility may
301	300		be shown in the manner specified under Section 601.053(a). A
302	301		personal automobile insurance policy used as evidence of financial
303	302		responsibility must be written for a term of 30 days or more as
304	303		required by Section 1952.054, Insurance Code.
305	304		(b) An inspection station is not liable to a person,
306	305		including a third party, for issuing a passing vehicle inspection
307	306		report in reliance on evidence of financial responsibility
308	307		furnished to the station. An inspection station that is the seller
309	308		of a motor vehicle may rely on an oral insurance binder.
310	309		SECTION 18. Section 548.201, Transportation Code, is
311	310		amended to read as follows:
312	311		Sec. 548.201. COMMERCIAL MOTOR VEHICLE INSPECTION PROGRAM.
313	312		[(a)] The commission may [shall] establish an inspection program
314	313		for commercial motor vehicles only if necessary to comply with
315	314		[that:
316	315		[(1) meets] the requirements of federal motor carrier
317	316		safety regulations[; and
318	317		[(2) requires a commercial motor vehicle registered in
319	318		this state to pass an annual inspection of all safety equipment
320	319		required by the federal motor carrier safety regulations].
321	320		[(b) A program under this section also applies to any:
322	321		[(1) vehicle or combination of vehicles with a gross
323	322		weight rating of more than 10,000 pounds that is operated in
324	323		interstate commerce and registered in this state;
325	324		[(2) school activity bus, as defined in Section
326	325		541.201, that has a gross weight, registered weight, or gross
327	326		weight rating of more than 26,000 pounds, or is designed to
328	327		transport more than 15 passengers, including the driver; and
329	328		[(3) school bus that will operate at a speed
330	329		authorized by Section 545.352(b)(5)(A).]
331	330		SECTION 19. Subchapter E, Chapter 548, Transportation Code,
332	331		is amended by adding Section 548.257 to read as follows:
333	332		Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED
334	333		ENFORCEMENT. The commission shall require a vehicle required to be
335	334		inspected under this chapter to pass the required inspection:
336	335		(1) not earlier than 90 days before the date of
337	336		expiration of the vehicle's registration; or
338	337		(2) if the vehicle is a used motor vehicle sold by a
339	338		dealer, as defined by Section 503.001, in the 180 days preceding the
340	339		date the dealer sells the vehicle.
341	340		SECTION 20. Section 548.505, Transportation Code, is
342	341		amended to read as follows:
343	342		Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The
344	343		department by rule may impose an inspection fee for a vehicle
345	344		inspected under Section 548.301(a) in addition to a fee adopted
346	345		under Section 382.202, Health and Safety Code [the fee provided by
347	346		Section 548.501, 548.502, 548.503, or 548.504]. A fee imposed
348	347		under this subsection must be based on the costs of:
349	348		(1) providing inspections; and
350	349		(2) administering the program.
351	350		(b) A fee described by Subsection (a) must be collected as
352	351		provided by Section 502.361. [The department may provide a maximum
353	352		fee for an inspection under this subchapter. The department may not
354	353		set a minimum fee for an inspection under this subchapter.]
355	354		SECTION 21. Section 548.603(a), Transportation Code, is
356	355		amended to read as follows:
357	356		(a) A person commits an offense if the person:
358	357		(1) presents to an official of this state or a
359	358		political subdivision of this state a vehicle inspection report or
360	359		insurance document knowing that the report or document is
361	360		counterfeit, tampered with, altered, fictitious, issued for
362	361		another vehicle, issued for a vehicle failing to meet all emissions
363	362		inspection requirements, or issued in violation of:
364	363		(A) this chapter, rules adopted under this
365	364		chapter, or other law of this state; or
366	365		(B) a law of another state, the United States,
367	366		the United Mexican States, a state of the United Mexican States,
368	367		Canada, or a province of Canada; or
369	368		(2) [with intent to circumvent the emissions
370	369		inspection requirements seeks an inspection of a vehicle at a
371	370		station not certified to perform an emissions inspection if the
372	371		person knows that the vehicle is required to be inspected under
373	372		Section 548.301; or
374	373		[(3)] knowingly does not comply with an emissions
375	374		inspection requirement for a vehicle.
376	375		SECTION 22. Section 548.604(a), Transportation Code, is
377	376		amended to read as follows:
378	377		(a) A person commits an offense if the person operates or
379	378		moves a motor vehicle, trailer, semitrailer, pole trailer, or
380	379		mobile home, or a combination of those vehicles, that is[:
381	380		[(1)] equipped in violation of this chapter or a rule
382	381		adopted under this chapter[; or
383	382		[(2) in a mechanical condition that endangers a
384	383		person, including the operator or an occupant, or property].
385	384		SECTION 23. The following provisions of the Transportation
386	385		Code are repealed:
387	386		(1) the heading to Subchapter B, Chapter 548;
388	387		(2) Section 548.051;
389	388		(3) the heading to Subchapter C, Chapter 548;
390	389		(4) Sections 548.101, 548.102, 548.103, and 548.104;
391	390		(5) Sections 548.202 and 548.203;
392	391		(6) Sections 548.301(d) and 548.3045(b); and
393	392		(7) Sections 548.501, 548.502, 548.503, 548.504,
394	393		548.5055, 548.508, and 548.509.
395	394		SECTION 24. Not later than January 1, 2019, the Department
396	395		of Public Safety shall submit to the lieutenant governor and the
397	396		speaker of the house of representatives a report on changes in the
398	397		department's expenses and income that result from implementing the
399	398		changes in law required by this Act, including the increase or
400	399		decrease, if any, of the number of full-time equivalent employees
401	400		needed to administer Chapters 547 and 548, Transportation Code,
402	401		between September 1, 2017, and the date the report is prepared.
403	402		SECTION 25. The change in law made by this Act applies only
404	403		to an offense committed on or after the effective date of this Act.
405	404		An offense committed before the effective date of this Act is
406	405		governed by the law in effect on the date the offense was committed,
407	406		and the former law is continued in effect for that purpose. For
408	407		purposes of this section, an offense was committed before the
409	408		effective date of this Act if any element of the offense occurred
410	409		before that date.
411	410		SECTION 26. This Act takes effect March 1, 2018.