Texas 2019 - 86th Regular

Texas House Bill HB3665 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13950 JXC-D
2	2	By: Toth H.B. No. 3665
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the elimination of regular mandatory vehicle safety
8	8	inspections for noncommercial vehicles and the imposition of
9	9	replacement fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 382.0622(a), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(a) Clean Air Act fees consist of:
14	14	(1) fees collected by the commission under Sections
15	15	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
16	16	by law;
17	17	(2) the amount described by Section 548.510(c)(3) [$2
18	18	from the portion of each fee collected for inspections of vehicles
19	19	other than mopeds and remitted to the state under Sections 548.501
20	20	and 548.503], Transportation Code; and
21	21	(3) fees collected that are required under Section 185
22	22	of the federal Clean Air Act (42 U.S.C. Section 7511d).
23	23	SECTION 2. Section 382.202, Health and Safety Code, is
24	24	amended by amending Subsection (d) and adding Subsection (e-1) to
25	25	read as follows:
26	26	(d) On adoption of a resolution by the commission and after
27	27	proper notice, the Department of Public Safety of the State of Texas
28	28	shall implement a system that requires, [as a condition of
29	29	obtaining a passing vehicle inspection report issued under
30	30	Subchapter C, Chapter 548, Transportation Code,] in a county that
31	31	is included in a vehicle emissions inspection and maintenance
32	32	program under Subchapter F, Chapter 548, Transportation Code [of
33	33	that chapter], that a motor vehicle registered in this state [the
34	34	vehicle], unless the vehicle is not covered by the system, be
35	35	annually or biennially inspected under the vehicle emissions
36	36	inspection and maintenance program as required by the state's air
37	37	quality state implementation plan. The Department of Public Safety
38	38	shall implement such a system when it is required by any provision
39	39	of federal or state law, including any provision of the state's air
40	40	quality state implementation plan.
41	41	(e-1) The portion of a fee imposed under Subsection (e) that
42	42	is not authorized to be retained by an inspection station must be
43	43	collected as provided by Section 548.509, Transportation Code.
44	44	SECTION 3. Section 382.203(c), Health and Safety Code, is
45	45	amended to read as follows:
46	46	(c) The Department of Public Safety of the State of Texas by
47	47	rule may waive program requirements, in accordance with standards
48	48	adopted by the commission, for certain vehicles and vehicle owners,
49	49	including:
50	50	(1) the registered owner of a vehicle who cannot
51	51	afford to comply with the program, based on reasonable income
52	52	standards;
53	53	(2) a vehicle that cannot be brought into compliance
54	54	with emissions standards by performing repairs;
55	55	(3) a vehicle:
56	56	(A) on which at least $100 has been spent to bring
57	57	the vehicle into compliance; and
58	58	(B) that the department[:
59	59	[(i)] can verify is driven an average of
60	60	less than 5,000 miles each year [was driven fewer than 5,000 miles
61	61	since the last safety inspection; and
62	62	[(ii) reasonably determines will be driven
63	63	fewer than 5,000 miles during the period before the next safety
64	64	inspection is required]; and
65	65	(4) a vehicle for which parts are not readily
66	66	available.
67	67	SECTION 4. Section 502.047(a), Transportation Code, is
68	68	amended to read as follows:
69	69	(a) Except as provided by Chapter 548, the department and
70	70	the Department of Public Safety shall ensure compliance with [the]
71	71	motor vehicle inspection requirements under Chapter 548[,
72	72	including compliance with the motor vehicle emissions inspection
73	73	and maintenance program under Subchapter F of that chapter,]
74	74	through a vehicle registration-based enforcement system.
75	75	SECTION 5. Section 502.092(c), Transportation Code, is
76	76	amended to read as follows:
77	77	(c) A person may obtain a permit under this section by:
78	78	(1) applying to the department in a manner prescribed
79	79	by the department;
80	80	(2) paying a fee equal to 1/12 the registration fee
81	81	prescribed by this chapter for the vehicle;
82	82	(3) furnishing satisfactory evidence that the motor
83	83	vehicle is insured under an insurance policy that complies with
84	84	Section 601.072 and that is written by:
85	85	(A) an insurance company or surety company
86	86	authorized to write motor vehicle liability insurance in this
87	87	state; or
88	88	(B) with the department's approval, a surplus
89	89	lines insurer that meets the requirements of Chapter 981, Insurance
90	90	Code, and rules adopted by the commissioner of insurance under that
91	91	chapter, if the applicant is unable to obtain insurance from an
92	92	insurer described by Paragraph (A); and
93	93	(4) furnishing evidence that the vehicle has been
94	94	inspected if [as] required under Chapter 548.
95	95	SECTION 6. Section 502.094(e), Transportation Code, is
96	96	amended to read as follows:
97	97	(e) A vehicle issued a permit under this section is subject
98	98	to [Subchapters B and F,] Chapter 548, unless the vehicle:
99	99	(1) is registered in another state of the United
100	100	States, in a province of Canada, or in a state of the United Mexican
101	101	States; or
102	102	(2) is mobile drilling or servicing equipment used in
103	103	the production of gas, crude petroleum, or oil, including a mobile
104	104	crane or hoisting equipment, mobile lift equipment, forklift, or
105	105	tug.
106	106	SECTION 7. Section 502.146(d), Transportation Code, is
107	107	amended to read as follows:
108	108	(d) A vehicle described by Subsection (b) is exempt from the
109	109	inspection requirements of Subchapter [Subchapters B and] F,
110	110	Chapter 548.
111	111	SECTION 8. Section 547.601, Transportation Code, is amended
112	112	to read as follows:
113	113	Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
114	114	[required by Chapter 548 to be inspected] shall be equipped with
115	115	front safety belts if safety belt anchorages were part of the
116	116	manufacturer's original equipment on the vehicle.
117	117	SECTION 9. The heading to Chapter 548, Transportation Code,
118	118	is amended to read as follows:
119	119	CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
120	120	SECTION 10. Section 548.001(10), Transportation Code, is
121	121	amended to read as follows:
122	122	(10) "Vehicle inspection report" means a report issued
123	123	by an inspector or an inspection station for a vehicle that
124	124	indicates whether the vehicle has passed an inspection [the safety
125	125	and, if applicable, emissions inspections] required by this
126	126	chapter.
127	127	SECTION 11. Section 548.006(b), Transportation Code, is
128	128	amended to read as follows:
129	129	(b) The members of the commission shall appoint seven
130	130	members of the committee as follows:
131	131	(1) four persons to represent inspection station
132	132	owners and operators[, with two of those persons from counties
133	133	conducting vehicle emissions testing under Subchapter F and two of
134	134	those persons from counties conducting safety only inspections];
135	135	(2) one person to represent manufacturers of motor
136	136	vehicle emissions inspection devices;
137	137	(3) one person to represent independent vehicle
138	138	equipment repair technicians; and
139	139	(4) one person to represent the public interest.
140	140	SECTION 12. Section 548.053, Transportation Code, is
141	141	transferred to Subchapter E, Chapter 548, Transportation Code,
142	142	redesignated as Section 548.255, Transportation Code, and amended
143	143	to read as follows:
144	144	Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING
145	145	ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection
146	146	discloses the necessity for adjustment, correction, or repair, an
147	147	inspection station or inspector may not issue a passing vehicle
148	148	inspection report until the adjustment, correction, or repair is
149	149	made. The owner of the vehicle may have the adjustment, correction,
150	150	or repair made by a qualified person of the owner's choice, subject
151	151	to reinspection. The vehicle shall be reinspected once free of
152	152	charge within 15 days after the date of the original inspection, not
153	153	including the date the original inspection is made, at the same
154	154	inspection station after the adjustment, correction, or repair is
155	155	made.
156	156	[(b) A vehicle that is inspected and is subsequently
157	157	involved in an accident affecting the safe operation of an item of
158	158	inspection must be reinspected following repair. The reinspection
159	159	must be at an inspection station and shall be treated and charged as
160	160	an initial inspection.]
161	161	SECTION 13. Section 548.105, Transportation Code, is
162	162	transferred to Subchapter E, Chapter 548, Transportation Code, and
163	163	redesignated as Section 548.2521, Transportation Code, to read as
164	164	follows:
165	165	Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL
166	166	RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE
167	167	INSPECTION REPORT. (a) An inspection station or inspector may not
168	168	issue a passing vehicle inspection report for a vehicle unless the
169	169	owner or operator furnishes evidence of financial responsibility at
170	170	the time of inspection. Evidence of financial responsibility may
171	171	be shown in the manner specified under Section 601.053(a). A
172	172	personal automobile insurance policy used as evidence of financial
173	173	responsibility must be written for a term of 30 days or more as
174	174	required by Section 1952.054, Insurance Code.
175	175	(b) An inspection station is not liable to a person,
176	176	including a third party, for issuing a passing vehicle inspection
177	177	report in reliance on evidence of financial responsibility
178	178	furnished to the station. An inspection station that is the seller
179	179	of a motor vehicle may rely on an oral insurance binder.
180	180	SECTION 14. Sections 548.203(a) and (b), Transportation
181	181	Code, are amended to read as follows:
182	182	(a) The commission by rule may exempt a type of commercial
183	183	motor vehicle from the application of this subchapter if the
184	184	vehicle:
185	185	(1) was manufactured before September 1, 1995;
186	186	(2) is operated only temporarily on a highway of this
187	187	state and at a speed of less than 30 miles per hour; and
188	188	(3) complies with [Section 548.051 and] each
189	189	applicable provision in Title 49, Code of Federal Regulations.
190	190	(b) A [Notwithstanding Subchapter B, a] commercial motor
191	191	vehicle is not subject to the inspection requirements of this
192	192	chapter if the vehicle:
193	193	(1) is not domiciled in this state;
194	194	(2) is registered in this state or under the
195	195	International Registration Plan as authorized by Section 502.091;
196	196	and
197	197	(3) has been issued a certificate of inspection in
198	198	compliance with federal motor carrier safety regulations.
199	199	SECTION 15. Subchapter E, Chapter 548, Transportation Code,
200	200	is amended by adding Section 548.257 to read as follows:
201	201	Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED
202	202	ENFORCEMENT. The department shall require a vehicle required to be
203	203	inspected under this chapter to pass the required inspection:
204	204	(1) for initial registration, not earlier than 90 days
205	205	before the date of registration;
206	206	(2) for a renewal of registration, not earlier than 90
207	207	days before the date of expiration of the vehicle's registration;
208	208	(3) if the vehicle is a used motor vehicle sold by a
209	209	dealer, as defined by Section 503.001, in the 180 days preceding the
210	210	date the dealer sells the vehicle; or
211	211	(4) if the vehicle is subject to the federal motor
212	212	carrier safety regulations, in a period that complies with those
213	213	regulations.
214	214	SECTION 16. Section 548.505(a), Transportation Code, is
215	215	amended to read as follows:
216	216	(a) The department by rule may impose an inspection fee for
217	217	a vehicle inspected under Section 548.301(a) in addition to a fee
218	218	adopted under Section 382.202, Health and Safety Code [the fee
219	219	provided by Section 548.501, 548.502, 548.503, or 548.504]. A fee
220	220	imposed under this subsection must be based on the costs of:
221	221	(1) providing inspections; and
222	222	(2) administering the program.
223	223	SECTION 17. Section 548.508, Transportation Code, is
224	224	amended to read as follows:
225	225	Sec. 548.508. DISPOSITION OF FEES TO TEXAS MOBILITY FUND.
226	226	Except as provided by Sections 382.0622 and 382.202, Health and
227	227	Safety Code, and Sections [Section] 548.5055 and 548.510, each fee
228	228	remitted to the comptroller under this subchapter shall be
229	229	deposited to the credit of the Texas mobility fund.
230	230	SECTION 18. Section 548.509, Transportation Code, is
231	231	amended to read as follows:
232	232	Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. (a)
233	233	The Texas Department of Motor Vehicles or a county
234	234	assessor-collector that registers a motor vehicle that is subject
235	235	to an inspection fee under this chapter or Section 382.202, Health
236	236	and Safety Code, or a replacement fee under Section 548.510 shall
237	237	collect at the time of registration of the motor vehicle the portion
238	238	of the inspection fee that is required to be remitted to the state.
239	239	(b) The Texas Department of Motor Vehicles or the county
240	240	assessor-collector shall remit the fee to the comptroller.
241	241	SECTION 19. Section 548.510, Transportation Code, is
242	242	amended to read as follows:
243	243	Sec. 548.510. INSPECTION PROGRAM REPLACEMENT FEE [FOR
244	244	CERTAIN VEHICLES NOT SUBJECT TO INSPECTION; COLLECTION OF FEE
245	245	DURING REGISTRATION]. (a) In addition to other fees imposed at the
246	246	time of registration, at the time of application for initial
247	247	registration or renewal of registration of a motor vehicle,
248	248	trailer, semitrailer, pole trailer, or mobile home, the applicant
249	249	shall pay an annual fee of $7.50.
250	250	(b) Instead of the fee provided by Subsection (a), an
251	251	applicant shall pay a one-time fee of $9.25 if the application is
252	252	for the initial registration of a passenger car or light truck that:
253	253	(1) is sold in this state or purchased by a commercial
254	254	fleet buyer described by Section 501.0234(b)(4) for use in this
255	255	state;
256	256	(2) has not been previously registered in this or
257	257	another state; and
258	258	(3) on the date of sale is of the current model year or
259	259	preceding model year.
260	260	(c) [A vehicle described by Section 548.052(3) that has an
261	261	actual gross weight or registered gross weight of more than 4,500
262	262	pounds is subject to a fee in the amount of $7.50.
263	263	[(b) The Texas Department of Motor Vehicles or a county
264	264	assessor-collector that registers a vehicle described by
265	265	Subsection (a) shall collect at the time of registration of the
266	266	vehicle the fee prescribed by Subsection (a). The Texas Department
267	267	of Motor Vehicles or the county assessor-collector, as applicable,
268	268	shall remit the fee to the comptroller.] Each fee remitted to the
269	269	comptroller under Subsection (a) [this section] shall be deposited
270	270	as follows:
271	271	(1) $3.50 to the credit of the Texas mobility fund;
272	272	(2) $2 to the credit of the general revenue fund; and
273	273	(3) $2 to the credit of the clean air account.
274	274	(d) Each fee remitted to the comptroller under Subsection
275	275	(b) shall be deposited to the credit of the Texas mobility fund.
276	276	(e) A [(c) The] fee collected under this section
277	277	[Subsection (a)] is not a motor vehicle registration fee and the
278	278	revenue collected from the fee is not required to be used for a
279	279	purpose specified by Section 7-a, Article VIII, Texas Constitution.
280	280	SECTION 20. Subchapter H, Chapter 548, Transportation Code,
281	281	is amended by adding Section 548.511 to read as follows:
282	282	Sec. 548.511. VEHICLES NOT SUBJECT TO INSPECTION PROGRAM
283	283	REPLACEMENT FEE. Section 548.510 does not apply to:
284	284	(1) a vehicle that is being registered under the
285	285	International Registration Plan as authorized by Section 502.091;
286	286	(2) a token trailer that is being registered under
287	287	Section 502.255, including a token trailer that is being registered
288	288	for an extended period under Section 502.0023;
289	289	(3) a vehicle that is issued a permit under Section
290	290	502.094 and is described by Section 502.094(e)(1) or (2);
291	291	(4) a former military vehicle that is issued a
292	292	specialty license plate under Section 504.502;
293	293	(5) a log loader vehicle that is issued a specialty
294	294	license plate under Section 504.506;
295	295	(6) farm machinery, road-building equipment, a farm
296	296	trailer, or a vehicle required to display a slow-moving-vehicle
297	297	emblem under Section 547.703;
298	298	(7) a commercial motor vehicle that is required to be
299	299	inspected under Subchapter D or that is subject to fees under
300	300	Section 548.203(c);
301	301	(8) a vehicle that is being registered under Section
302	302	548.256(b);
303	303	(9) a neighborhood electric vehicle, as defined by
304	304	Section 551.301;
305	305	(10) a trailer, semitrailer, pole trailer, or mobile
306	306	home that:
307	307	(A) has an actual gross weight or registered
308	308	gross weight of 4,500 pounds or less; or
309	309	(B) will move under or bear a factory-delivery
310	310	license plate or in-transit license plate;
311	311	(11) a vehicle that will move under or bear a paper
312	312	dealer in-transit tag, machinery license, disaster license, parade
313	313	license, prorate tab, one-trip permit, vehicle temporary transit
314	314	permit, antique license, custom vehicle license, street rod
315	315	license, temporary 24-hour permit, or permit license; or
316	316	(12) a vehicle qualified for a tax exemption under
317	317	Section 152.092, Tax Code.
318	318	SECTION 21. Section 548.603(a), Transportation Code, is
319	319	amended to read as follows:
320	320	(a) A person commits an offense if the person:
321	321	(1) presents to an official of this state or a
322	322	political subdivision of this state a vehicle inspection report or
323	323	insurance document knowing that the report or document is
324	324	counterfeit, tampered with, altered, fictitious, issued for
325	325	another vehicle, issued for a vehicle failing to meet all emissions
326	326	inspection requirements, or issued in violation of:
327	327	(A) this chapter, rules adopted under this
328	328	chapter, or other law of this state; or
329	329	(B) a law of another state, the United States,
330	330	the United Mexican States, a state of the United Mexican States,
331	331	Canada, or a province of Canada; or
332	332	(2) [with intent to circumvent the emissions
333	333	inspection requirements seeks an inspection of a vehicle at a
334	334	station not certified to perform an emissions inspection if the
335	335	person knows that the vehicle is required to be inspected under
336	336	Section 548.301; or
337	337	[(3)] knowingly does not comply with an emissions
338	338	inspection requirement for a vehicle.
339	339	SECTION 22. Section 548.604(a), Transportation Code, is
340	340	amended to read as follows:
341	341	(a) A person commits an offense if the person operates or
342	342	moves a motor vehicle, trailer, semitrailer, pole trailer, or
343	343	mobile home, or a combination of those vehicles, that is[:
344	344	[(1)] equipped in violation of this chapter or a rule
345	345	adopted under this chapter[; or
346	346	[(2) in a mechanical condition that endangers a
347	347	person, including the operator or an occupant, or property].
348	348	SECTION 23. The following provisions of the Transportation
349	349	Code are repealed:
350	350	(1) the heading to Subchapter B, Chapter 548;
351	351	(2) Sections 548.051 and 548.052;
352	352	(3) the heading to Subchapter C, Chapter 548;
353	353	(4) Sections 548.101, 548.102, 548.103, and 548.104;
354	354	(5) Sections 548.301(d) and 548.3045(b); and
355	355	(6) Sections 548.501, 548.502, and 548.503.
356	356	SECTION 24. The change in law made by this Act applies only
357	357	to an offense committed on or after the effective date of this Act.
358	358	An offense committed before the effective date of this Act is
359	359	governed by the law in effect on the date the offense was committed,
360	360	and the former law is continued in effect for that purpose. For
361	361	purposes of this section, an offense was committed before the
362	362	effective date of this Act if any element of the offense occurred
363	363	before that date.
364	364	SECTION 25. This Act takes effect January 1, 2020.