Texas 2019 - 86th Regular

Texas Senate Bill SB1599 Compare Versions

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

Old	New	Differences
1	1	86R7095 JXC-F
2	2	By: Hall S.B. No. 1599
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) each amount described by Sections 548.510(c)(3)
18	18	and (d)(3) [$2 from the portion of each fee collected for
19	19	inspections of vehicles other than mopeds and remitted to the state
20	20	under Sections 548.501 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 780.003(b), Health and Safety Code, is
68	68	amended to read as follows:
69	69	(b) The account is composed of money deposited to the credit
70	70	of the account under Sections 542.406, 548.510, and 707.008,
71	71	Transportation Code, and under Section 780.002 of this code.
72	72	SECTION 5. Section 502.047(a), Transportation Code, is
73	73	amended to read as follows:
74	74	(a) Except as provided by Chapter 548, the department and
75	75	the Department of Public Safety shall ensure compliance with [the]
76	76	motor vehicle inspection requirements under Chapter 548[,
77	77	including compliance with the motor vehicle emissions inspection
78	78	and maintenance program under Subchapter F of that chapter,]
79	79	through a vehicle registration-based enforcement system.
80	80	SECTION 6. Section 502.092(c), Transportation Code, is
81	81	amended to read as follows:
82	82	(c) A person may obtain a permit under this section by:
83	83	(1) applying to the department in a manner prescribed
84	84	by the department;
85	85	(2) paying a fee equal to 1/12 the registration fee
86	86	prescribed by this chapter for the vehicle;
87	87	(3) furnishing satisfactory evidence that the motor
88	88	vehicle is insured under an insurance policy that complies with
89	89	Section 601.072 and that is written by:
90	90	(A) an insurance company or surety company
91	91	authorized to write motor vehicle liability insurance in this
92	92	state; or
93	93	(B) with the department's approval, a surplus
94	94	lines insurer that meets the requirements of Chapter 981, Insurance
95	95	Code, and rules adopted by the commissioner of insurance under that
96	96	chapter, if the applicant is unable to obtain insurance from an
97	97	insurer described by Paragraph (A); and
98	98	(4) furnishing evidence that the vehicle has been
99	99	inspected if [as] required under Chapter 548.
100	100	SECTION 7. Section 502.094(e), Transportation Code, is
101	101	amended to read as follows:
102	102	(e) A vehicle issued a permit under this section is subject
103	103	to [Subchapters B and F,] Chapter 548, unless the vehicle:
104	104	(1) is registered in another state of the United
105	105	States, in a province of Canada, or in a state of the United Mexican
106	106	States; or
107	107	(2) is mobile drilling or servicing equipment used in
108	108	the production of gas, crude petroleum, or oil, including a mobile
109	109	crane or hoisting equipment, mobile lift equipment, forklift, or
110	110	tug.
111	111	SECTION 8. Section 502.146(d), Transportation Code, is
112	112	amended to read as follows:
113	113	(d) A vehicle described by Subsection (b) is exempt from the
114	114	inspection requirements of Subchapter [Subchapters B and] F,
115	115	Chapter 548.
116	116	SECTION 9. Section 547.601, Transportation Code, is amended
117	117	to read as follows:
118	118	Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
119	119	[required by Chapter 548 to be inspected] shall be equipped with
120	120	front safety belts if safety belt anchorages were part of the
121	121	manufacturer's original equipment on the vehicle.
122	122	SECTION 10. The heading to Chapter 548, Transportation
123	123	Code, is amended to read as follows:
124	124	CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
125	125	SECTION 11. Section 548.001(10), Transportation Code, is
126	126	amended to read as follows:
127	127	(10) "Vehicle inspection report" means a report issued
128	128	by an inspector or an inspection station for a vehicle that
129	129	indicates whether the vehicle has passed an inspection [the safety
130	130	and, if applicable, emissions inspections] required by this
131	131	chapter.
132	132	SECTION 12. Section 548.006(b), Transportation Code, is
133	133	amended to read as follows:
134	134	(b) The members of the commission shall appoint seven
135	135	members of the committee as follows:
136	136	(1) four persons to represent inspection station
137	137	owners and operators[, with two of those persons from counties
138	138	conducting vehicle emissions testing under Subchapter F and two of
139	139	those persons from counties conducting safety only inspections];
140	140	(2) one person to represent manufacturers of motor
141	141	vehicle emissions inspection devices;
142	142	(3) one person to represent independent vehicle
143	143	equipment repair technicians; and
144	144	(4) one person to represent the public interest.
145	145	SECTION 13. Section 548.053, Transportation Code, is
146	146	transferred to Subchapter E, Chapter 548, Transportation Code,
147	147	redesignated as Section 548.255, Transportation Code, and amended
148	148	to read as follows:
149	149	Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING
150	150	ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection
151	151	discloses the necessity for adjustment, correction, or repair, an
152	152	inspection station or inspector may not issue a passing vehicle
153	153	inspection report until the adjustment, correction, or repair is
154	154	made. The owner of the vehicle may have the adjustment, correction,
155	155	or repair made by a qualified person of the owner's choice, subject
156	156	to reinspection. The vehicle shall be reinspected once free of
157	157	charge within 15 days after the date of the original inspection, not
158	158	including the date the original inspection is made, at the same
159	159	inspection station after the adjustment, correction, or repair is
160	160	made.
161	161	[(b) A vehicle that is inspected and is subsequently
162	162	involved in an accident affecting the safe operation of an item of
163	163	inspection must be reinspected following repair. The reinspection
164	164	must be at an inspection station and shall be treated and charged as
165	165	an initial inspection.]
166	166	SECTION 14. Section 548.105, Transportation Code, is
167	167	transferred to Subchapter E, Chapter 548, Transportation Code, and
168	168	redesignated as Section 548.2521, Transportation Code, to read as
169	169	follows:
170	170	Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL
171	171	RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE
172	172	INSPECTION REPORT. (a) An inspection station or inspector may not
173	173	issue a passing vehicle inspection report for a vehicle unless the
174	174	owner or operator furnishes evidence of financial responsibility at
175	175	the time of inspection. Evidence of financial responsibility may
176	176	be shown in the manner specified under Section 601.053(a). A
177	177	personal automobile insurance policy used as evidence of financial
178	178	responsibility must be written for a term of 30 days or more as
179	179	required by Section 1952.054, Insurance Code.
180	180	(b) An inspection station is not liable to a person,
181	181	including a third party, for issuing a passing vehicle inspection
182	182	report in reliance on evidence of financial responsibility
183	183	furnished to the station. An inspection station that is the seller
184	184	of a motor vehicle may rely on an oral insurance binder.
185	185	SECTION 15. Sections 548.203(a) and (b), Transportation
186	186	Code, are amended to read as follows:
187	187	(a) The commission by rule may exempt a type of commercial
188	188	motor vehicle from the application of this subchapter if the
189	189	vehicle:
190	190	(1) was manufactured before September 1, 1995;
191	191	(2) is operated only temporarily on a highway of this
192	192	state and at a speed of less than 30 miles per hour; and
193	193	(3) complies with [Section 548.051 and] each
194	194	applicable provision in Title 49, Code of Federal Regulations.
195	195	(b) A [Notwithstanding Subchapter B, a] commercial motor
196	196	vehicle is not subject to the inspection requirements of this
197	197	chapter if the vehicle:
198	198	(1) is not domiciled in this state;
199	199	(2) is registered in this state or under the
200	200	International Registration Plan as authorized by Section 502.091;
201	201	and
202	202	(3) has been issued a certificate of inspection in
203	203	compliance with federal motor carrier safety regulations.
204	204	SECTION 16. Subchapter E, Chapter 548, Transportation Code,
205	205	is amended by adding Section 548.257 to read as follows:
206	206	Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED
207	207	ENFORCEMENT. The department shall require a vehicle required to be
208	208	inspected under this chapter to pass the required inspection:
209	209	(1) for initial registration, not earlier than 90 days
210	210	before the date of registration;
211	211	(2) for a renewal of registration, not earlier than 90
212	212	days before the date of expiration of the vehicle's registration;
213	213	(3) if the vehicle is a used motor vehicle sold by a
214	214	dealer, as defined by Section 503.001, in the 180 days preceding the
215	215	date the dealer sells the vehicle; or
216	216	(4) if the vehicle is subject to the federal motor
217	217	carrier safety regulations, in a period that complies with those
218	218	regulations.
219	219	SECTION 17. Section 548.505(a), Transportation Code, is
220	220	amended to read as follows:
221	221	(a) The department by rule may impose an inspection fee for
222	222	a vehicle inspected under Section 548.301(a) in addition to a fee
223	223	adopted under Section 382.202, Health and Safety Code [the fee
224	224	provided by Section 548.501, 548.502, 548.503, or 548.504]. A fee
225	225	imposed under this subsection must be based on the costs of:
226	226	(1) providing inspections; and
227	227	(2) administering the program.
228	228	SECTION 18. Section 548.508, Transportation Code, is
229	229	amended to read as follows:
230	230	Sec. 548.508. DISPOSITION OF FEES. Except as provided by
231	231	Sections 382.0622 and 382.202, Health and Safety Code, and Sections
232	232	[Section] 548.5055 and 548.510, each fee remitted to the
233	233	comptroller under this subchapter shall be deposited to the credit
234	234	of the Texas mobility fund.
235	235	SECTION 19. Section 548.509, Transportation Code, is
236	236	amended to read as follows:
237	237	Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. (a)
238	238	The Texas Department of Motor Vehicles or a county
239	239	assessor-collector that registers a motor vehicle that is subject
240	240	to an inspection fee under this chapter or Section 382.202, Health
241	241	and Safety Code, or a replacement fee under Section 548.510 shall
242	242	collect at the time of registration of the motor vehicle the portion
243	243	of the inspection fee that is required to be remitted to the state.
244	244	(b) The Texas Department of Motor Vehicles or the county
245	245	assessor-collector shall remit the fee to the comptroller.
246	246	SECTION 20. Section 548.510, Transportation Code, is
247	247	amended to read as follows:
248	248	Sec. 548.510. INSPECTION PROGRAM REPLACEMENT FEE [FOR
249	249	CERTAIN VEHICLES NOT SUBJECT TO INSPECTION; COLLECTION OF FEE
250	250	DURING REGISTRATION]. (a) In addition to other fees imposed at the
251	251	time of registration, at the time of application for initial
252	252	registration or renewal of registration of a motor vehicle,
253	253	trailer, semitrailer, pole trailer, or mobile home, the applicant
254	254	shall pay an annual fee of $7.50.
255	255	(b) Instead of the fee provided by Subsection (a), an
256	256	applicant shall pay a one-time fee of $9.25 if the application is
257	257	for the initial registration of a passenger car or light truck that:
258	258	(1) is sold in this state or purchased by a commercial
259	259	fleet buyer described by Section 501.0234(b)(4) for use in this
260	260	state;
261	261	(2) has not been previously registered in this or
262	262	another state; and
263	263	(3) on the date of sale is of the current model year or
264	264	preceding model year.
265	265	(c) [A vehicle described by Section 548.052(3) that has an
266	266	actual gross weight or registered gross weight of more than 4,500
267	267	pounds is subject to a fee in the amount of $7.50.
268	268	[(b) The Texas Department of Motor Vehicles or a county
269	269	assessor-collector that registers a vehicle described by
270	270	Subsection (a) shall collect at the time of registration of the
271	271	vehicle the fee prescribed by Subsection (a). The Texas Department
272	272	of Motor Vehicles or the county assessor-collector, as applicable,
273	273	shall remit the fee to the comptroller.] Each fee remitted to the
274	274	comptroller under Subsection (a) for a trailer, semitrailer, pole
275	275	trailer, or mobile home having an actual gross weight or registered
276	276	gross weight of more than 4,500 pounds and less than 7,501 pounds
277	277	[this section] shall be deposited as follows:
278	278	(1) $3.50 to the credit of the Texas mobility fund;
279	279	(2) $2 to the credit of the general revenue fund; and
280	280	(3) $2 to the credit of the clean air account.
281	281	(d) Each fee remitted to the comptroller under Subsection
282	282	(a) for a vehicle not described by Subsection (c) shall be deposited
283	283	as follows:
284	284	(1) $3.50 to the credit of the Texas mobility fund;
285	285	(2) $2 to the credit of the designated trauma facility
286	286	and emergency medical services account established under Section
287	287	780.003, Health and Safety Code; and
288	288	(3) $2 to the credit of the clean air account.
289	289	(e) Each fee remitted to the comptroller under Subsection
290	290	(b) shall be deposited to the credit of the Texas mobility fund.
291	291	(f) A [(c) The] fee collected under this section
292	292	[Subsection (a)] is not a motor vehicle registration fee and the
293	293	revenue collected from the fee is not required to be used for a
294	294	purpose specified by Section 7-a, Article VIII, Texas Constitution.
295	295	SECTION 21. Subchapter H, Chapter 548, Transportation Code,
296	296	is amended by adding Section 548.511 to read as follows:
297	297	Sec. 548.511. VEHICLES NOT SUBJECT TO INSPECTION PROGRAM
298	298	REPLACEMENT FEE. Section 548.510 does not apply to:
299	299	(1) a vehicle that is being registered under the
300	300	International Registration Plan as authorized by Section 502.091;
301	301	(2) a token trailer that is being registered under
302	302	Section 502.255, including a token trailer that is being registered
303	303	for an extended period under Section 502.0023;
304	304	(3) a vehicle that is issued a permit under Section
305	305	502.094 and is described by Section 502.094(e)(1) or (2);
306	306	(4) a former military vehicle that is issued a
307	307	specialty license plate under Section 504.502;
308	308	(5) a log loader vehicle that is issued a specialty
309	309	license plate under Section 504.506;
310	310	(6) farm machinery, road-building equipment, a farm
311	311	trailer, or a vehicle required to display a slow-moving-vehicle
312	312	emblem under Section 547.703;
313	313	(7) a commercial motor vehicle that is required to be
314	314	inspected under Subchapter D or that is subject to fees under
315	315	Section 548.203(c);
316	316	(8) a vehicle that is being registered under Section
317	317	548.256(b);
318	318	(9) a neighborhood electric vehicle, as defined by
319	319	Section 551.301;
320	320	(10) a trailer, semitrailer, pole trailer, or mobile
321	321	home that:
322	322	(A) has an actual gross weight or registered
323	323	gross weight of 4,500 pounds or less; or
324	324	(B) will move under or bear a factory-delivery
325	325	license plate or in-transit license plate;
326	326	(11) a vehicle that will move under or bear a paper
327	327	dealer in-transit tag, machinery license, disaster license, parade
328	328	license, prorate tab, one-trip permit, vehicle temporary transit
329	329	permit, antique license, custom vehicle license, street rod
330	330	license, temporary 24-hour permit, or permit license; or
331	331	(12) a vehicle qualified for a tax exemption under
332	332	Section 152.092, Tax Code.
333	333	SECTION 22. Section 548.603(a), Transportation Code, is
334	334	amended to read as follows:
335	335	(a) A person commits an offense if the person:
336	336	(1) presents to an official of this state or a
337	337	political subdivision of this state a vehicle inspection report or
338	338	insurance document knowing that the report or document is
339	339	counterfeit, tampered with, altered, fictitious, issued for
340	340	another vehicle, issued for a vehicle failing to meet all emissions
341	341	inspection requirements, or issued in violation of:
342	342	(A) this chapter, rules adopted under this
343	343	chapter, or other law of this state; or
344	344	(B) a law of another state, the United States,
345	345	the United Mexican States, a state of the United Mexican States,
346	346	Canada, or a province of Canada; or
347	347	(2) [with intent to circumvent the emissions
348	348	inspection requirements seeks an inspection of a vehicle at a
349	349	station not certified to perform an emissions inspection if the
350	350	person knows that the vehicle is required to be inspected under
351	351	Section 548.301; or
352	352	[(3)] knowingly does not comply with an emissions
353	353	inspection requirement for a vehicle.
354	354	SECTION 23. Section 548.604(a), Transportation Code, is
355	355	amended to read as follows:
356	356	(a) A person commits an offense if the person operates or
357	357	moves a motor vehicle, trailer, semitrailer, pole trailer, or
358	358	mobile home, or a combination of those vehicles, that is[:
359	359	[(1)] equipped in violation of this chapter or a rule
360	360	adopted under this chapter[; or
361	361	[(2) in a mechanical condition that endangers a
362	362	person, including the operator or an occupant, or property].
363	363	SECTION 24. The following provisions of the Transportation
364	364	Code are repealed:
365	365	(1) the heading to Subchapter B, Chapter 548;
366	366	(2) Sections 548.051 and 548.052;
367	367	(3) the heading to Subchapter C, Chapter 548;
368	368	(4) Sections 548.101, 548.102, 548.103, and 548.104;
369	369	(5) Sections 548.301(d) and 548.3045(b); and
370	370	(6) Sections 548.501, 548.502, and 548.503.
371	371	SECTION 25. The change in law made by this Act applies only
372	372	to an offense committed on or after the effective date of this Act.
373	373	An offense committed before the effective date of this Act is
374	374	governed by the law in effect on the date the offense was committed,
375	375	and the former law is continued in effect for that purpose. For
376	376	purposes of this section, an offense was committed before the
377	377	effective date of this Act if any element of the offense occurred
378	378	before that date.
379	379	SECTION 26. This Act takes effect January 1, 2020.