Texas 2019 - 86th Regular

Texas Senate Bill SB87 Compare Versions

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

Old	New	Differences
1	1	86R1729 AJZ/JXC-D
2	2	By: Hall S.B. No. 87
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the repeal of the driver responsibility program and the
8	8	vehicle safety inspection program for certain vehicles; imposing
9	9	replacement fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. DRIVER RESPONSIBILITY PROGRAM
12	12	SECTION 1.01. Article 102.022(a), Code of Criminal
13	13	Procedure, is amended to read as follows:
14	14	(a) In this article, "moving violation" means an offense
15	15	that:
16	16	(1) involves the operation of a motor vehicle; and
17	17	(2) is classified as a moving violation by the
18	18	Department of Public Safety under Section 542.304 [708.052],
19	19	Transportation Code.
20	20	SECTION 1.02. Section 1001.112, Education Code, is amended
21	21	by amending Subsection (a-1) and adding Subsection (a-2) to read as
22	22	follows:
23	23	(a-1) The rules must provide that the student driver spend a
24	24	minimum number of hours in classroom and behind-the-wheel
25	25	instruction.
26	26	(a-2) The rules must provide [and] that the person
27	27	conducting the course:
28	28	(1) possess a valid license for the preceding three
29	29	years that has not been suspended, revoked, or forfeited in the past
30	30	three years for an offense that involves the operation of a motor
31	31	vehicle;
32	32	(2) has not been convicted of:
33	33	(A) criminally negligent homicide; or
34	34	(B) driving while intoxicated in the past seven
35	35	years; and
36	36	(3) has not been convicted during the preceding three
37	37	years of:
38	38	(A) three or more moving violations described by
39	39	Section 542.304, Transportation Code, including violations that
40	40	resulted in an accident; or
41	41	(B) two or more moving violations described by
42	42	Section 542.304, Transportation Code, that resulted in an accident
43	43	[does not have six or more points assigned to the person's driver's
44	44	license under Subchapter B, Chapter 708, Transportation Code, at
45	45	the time the person begins conducting the course].
46	46	SECTION 1.03. Section 411.110(f), Government Code, is
47	47	amended to read as follows:
48	48	(f) The Department of State Health Services may not consider
49	49	offenses described by [for which points are assessed under] Section
50	50	542.304 [708.052], Transportation Code, to determine whether to
51	51	hire or retain an employee or to contract with a person on whom
52	52	criminal history record information is obtained under this section.
53	53	SECTION 1.04. Section 773.0614(b), Health and Safety Code,
54	54	is amended to read as follows:
55	55	(b) For purposes of Subsection (a), the department may not
56	56	consider offenses described by [for which points are assessed
57	57	under] Section 542.304 [708.052], Transportation Code.
58	58	SECTION 1.05. Section 773.06141(a), Health and Safety Code,
59	59	is amended to read as follows:
60	60	(a) The department may suspend, revoke, or deny an emergency
61	61	medical services provider license on the grounds that the
62	62	provider's administrator of record, employee, or other
63	63	representative:
64	64	(1) has been convicted of, or placed on deferred
65	65	adjudication community supervision or deferred disposition for, an
66	66	offense that directly relates to the duties and responsibilities of
67	67	the administrator, employee, or representative, other than an
68	68	offense described by [for which points are assigned under] Section
69	69	542.304 [708.052], Transportation Code;
70	70	(2) has been convicted of or placed on deferred
71	71	adjudication community supervision or deferred disposition for an
72	72	offense, including:
73	73	(A) an offense listed in Article 42A.054(a)(2),
74	74	(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
75	75	or
76	76	(B) an offense, other than an offense described
77	77	by Subdivision (1), for which the person is subject to registration
78	78	under Chapter 62, Code of Criminal Procedure; or
79	79	(3) has been convicted of Medicare or Medicaid fraud,
80	80	has been excluded from participation in the state Medicaid program,
81	81	or has a hold on payment for reimbursement under the state Medicaid
82	82	program under Subchapter C, Chapter 531, Government Code.
83	83	SECTION 1.06. Section 780.002, Health and Safety Code, is
84	84	amended to read as follows:
85	85	Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT. The comptroller
86	86	shall deposit any gifts, grants, donations, and legislative
87	87	appropriations made for the purposes of the designated trauma
88	88	facility and emergency medical services account established under
89	89	Section 780.003 to the credit of the account. [(a) On the first
90	90	Monday of each month, the Department of Public Safety shall remit
91	91	the surcharges collected during the previous month under the driver
92	92	responsibility program operated by that department under Chapter
93	93	708, Transportation Code, to the comptroller.
94	94	[(b) The comptroller shall deposit 49.5 percent of the money
95	95	received under Subsection (a) to the credit of the account
96	96	established under this chapter and 49.5 percent of the money to the
97	97	general revenue fund. The remaining one percent of the amount of
98	98	the surcharges shall be deposited to the general revenue fund and
99	99	may be appropriated only to the Department of Public Safety for
100	100	administration of the driver responsibility program operated by
101	101	that department under Chapter 708, Transportation Code.
102	102	[(c) Notwithstanding Subsection (b), in any state fiscal
103	103	year the comptroller shall deposit 49.5 percent of the surcharges
104	104	collected under Chapter 708, Transportation Code, to the credit of
105	105	the general revenue fund only until the total amount of the
106	106	surcharges deposited to the credit of the general revenue fund
107	107	under Subsection (b), and the state traffic fines deposited to the
108	108	credit of that fund under Section 542.4031(g)(1), Transportation
109	109	Code, equals $250 million for that year. If in any state fiscal
110	110	year the amount received by the comptroller under those laws for
111	111	deposit to the credit of the general revenue fund exceeds $250
112	112	million, the comptroller shall deposit the additional amount to the
113	113	credit of the Texas mobility fund.]
114	114	SECTION 1.07. Section 502.357(b), Transportation Code, is
115	115	amended to read as follows:
116	116	(b) Fees collected under this section shall be deposited to
117	117	the credit of the state highway fund except that the comptroller
118	118	shall provide for a portion of the fees to be deposited first to the
119	119	credit of a special fund in the state treasury outside the general
120	120	revenue fund to be known as the TexasSure Fund in a total amount
121	121	that is necessary to cover the total amount appropriated to the
122	122	Texas Department of Insurance from that fund and for the remaining
123	123	fees to be deposited to the state highway fund. Subject to
124	124	appropriations, the money deposited to the credit of the state
125	125	highway fund under this section may be used by the Department of
126	126	Public Safety to:
127	127	(1) support the Department of Public Safety's
128	128	reengineering of the driver's license system to provide for the
129	129	issuance by the Department of Public Safety of a driver's license or
130	130	personal identification certificate, to include use of image
131	131	comparison technology; and
132	132	(2) [establish and maintain a system to support the
133	133	driver responsibility program under Chapter 708; and
134	134	[(3)] make lease payments to the master lease purchase
135	135	program for the financing of the driver's license reengineering
136	136	project.
137	137	SECTION 1.08. Subchapter C, Chapter 542, Transportation
138	138	Code, is amended by adding Section 542.304 to read as follows:
139	139	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
140	140	The department by rule shall designate the offenses involving the
141	141	operation of a motor vehicle that constitute a moving violation of
142	142	the traffic law for the purposes of:
143	143	(1) Article 102.022(a), Code of Criminal Procedure;
144	144	(2) Section 1001.112(a-2), Education Code;
145	145	(3) Section 411.110(f), Government Code; and
146	146	(4) Sections 773.0614(b) and 773.06141(a), Health and
147	147	Safety Code.
148	148	(b) The rules must provide that for the purposes of the
149	149	provisions described in Subsection (a), moving violations:
150	150	(1) include:
151	151	(A) a violation of the traffic law of this state,
152	152	another state, or a political subdivision of this or another state;
153	153	and
154	154	(B) an offense under Section 545.412; and
155	155	(2) do not include:
156	156	(A) an offense committed before September 1,
157	157	2003;
158	158	(B) the offense of speeding when the person
159	159	convicted was at the time of the offense driving less than 10
160	160	percent faster than the posted speed limit, unless the person
161	161	committed the offense in a school crossing zone;
162	162	(C) an offense adjudicated under Article 45.051
163	163	or 45.0511, Code of Criminal Procedure; or
164	164	(D) an offense under Section 545.4251.
165	165	SECTION 1.09. Section 601.233(a), Transportation Code, is
166	166	amended to read as follows:
167	167	(a) A citation for an offense under Section 601.191 issued
168	168	as a result of Section 601.053 must include, in type larger than
169	169	other type on the citation, [except for the type of the statement
170	170	required by Section 708.105,] the following statement:
171	171	"A second or subsequent conviction of an offense under the Texas
172	172	Motor Vehicle Safety Responsibility Act will result in the
173	173	suspension of your driver's license and motor vehicle registration
174	174	unless you file and maintain evidence of financial responsibility
175	175	with the Department of Public Safety for two years from the date of
176	176	conviction. The department may waive the requirement to file
177	177	evidence of financial responsibility if you file satisfactory
178	178	evidence with the department showing that at the time this citation
179	179	was issued, the vehicle was covered by a motor vehicle liability
180	180	insurance policy or that you were otherwise exempt from the
181	181	requirements to provide evidence of financial responsibility."
182	182	SECTION 1.10. Chapter 708, Transportation Code, is
183	183	repealed.
184	184	SECTION 1.11. The repeal by this Act of Chapter 708,
185	185	Transportation Code, applies to any surcharge pending on the
186	186	effective date of this Act, regardless of whether the surcharge was
187	187	imposed before that date.
188	188	ARTICLE 2. VEHICLE SAFETY INSPECTION PROGRAM
189	189	SECTION 2.01. Section 382.0622(a), Health and Safety Code,
190	190	is amended to read as follows:
191	191	(a) Clean Air Act fees consist of:
192	192	(1) fees collected by the commission under Sections
193	193	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
194	194	by law;
195	195	(2) each amount described by Sections 548.510(d)(3)
196	196	and (f)(2) [$2 from the portion of each fee collected for
197	197	inspections of vehicles other than mopeds and remitted to the state
198	198	under Sections 548.501 and 548.503], Transportation Code; and
199	199	(3) fees collected that are required under Section 185
200	200	of the federal Clean Air Act (42 U.S.C. Section 7511d).
201	201	SECTION 2.02. Section 382.202, Health and Safety Code, is
202	202	amended by amending Subsection (d) and adding Subsection (e-1) to
203	203	read as follows:
204	204	(d) On adoption of a resolution by the commission and after
205	205	proper notice, the Department of Public Safety of the State of Texas
206	206	shall implement a system that requires, [as a condition of
207	207	obtaining a passing vehicle inspection report issued under
208	208	Subchapter C, Chapter 548, Transportation Code,] in a county that
209	209	is included in a vehicle emissions inspection and maintenance
210	210	program under Subchapter F, Chapter 548, Transportation Code [of
211	211	that chapter], that a motor vehicle registered in this state [the
212	212	vehicle], unless the vehicle is not covered by the system, be
213	213	annually or biennially inspected under the vehicle emissions
214	214	inspection and maintenance program as required by the state's air
215	215	quality state implementation plan. The Department of Public Safety
216	216	shall implement such a system when it is required by any provision
217	217	of federal or state law, including any provision of the state's air
218	218	quality state implementation plan.
219	219	(e-1) The portion of a fee imposed under Subsection (e) that
220	220	is not authorized to be retained by an inspection station must be
221	221	collected as provided by Section 548.509, Transportation Code.
222	222	SECTION 2.03. Section 382.203(c), Health and Safety Code,
223	223	is amended to read as follows:
224	224	(c) The Department of Public Safety of the State of Texas by
225	225	rule may waive program requirements, in accordance with standards
226	226	adopted by the commission, for certain vehicles and vehicle owners,
227	227	including:
228	228	(1) the registered owner of a vehicle who cannot
229	229	afford to comply with the program, based on reasonable income
230	230	standards;
231	231	(2) a vehicle that cannot be brought into compliance
232	232	with emissions standards by performing repairs;
233	233	(3) a vehicle:
234	234	(A) on which at least $100 has been spent to bring
235	235	the vehicle into compliance; and
236	236	(B) that the department[:
237	237	[(i)] can verify is driven an average of
238	238	less than 5,000 miles each year [was driven fewer than 5,000 miles
239	239	since the last safety inspection; and
240	240	[(ii) reasonably determines will be driven
241	241	fewer than 5,000 miles during the period before the next safety
242	242	inspection is required]; and
243	243	(4) a vehicle for which parts are not readily
244	244	available.
245	245	SECTION 2.04. Section 780.003(b), Health and Safety Code,
246	246	is amended to read as follows:
247	247	(b) The account is composed of money deposited to the credit
248	248	of the account under Sections 542.406, 548.510, and 707.008,
249	249	Transportation Code, and under Section 780.002 of this code.
250	250	SECTION 2.05. Section 502.047(a), Transportation Code, is
251	251	amended to read as follows:
252	252	(a) Except as provided by Chapter 548, the department and
253	253	the Department of Public Safety shall ensure compliance with [the]
254	254	motor vehicle inspection requirements under Chapter 548[,
255	255	including compliance with the motor vehicle emissions inspection
256	256	and maintenance program under Subchapter F of that chapter,]
257	257	through a vehicle registration-based enforcement system.
258	258	SECTION 2.06. Section 502.092(c), Transportation Code, is
259	259	amended to read as follows:
260	260	(c) A person may obtain a permit under this section by:
261	261	(1) applying to the department in a manner prescribed
262	262	by the department;
263	263	(2) paying a fee equal to 1/12 the registration fee
264	264	prescribed by this chapter for the vehicle;
265	265	(3) furnishing satisfactory evidence that the motor
266	266	vehicle is insured under an insurance policy that complies with
267	267	Section 601.072 and that is written by:
268	268	(A) an insurance company or surety company
269	269	authorized to write motor vehicle liability insurance in this
270	270	state; or
271	271	(B) with the department's approval, a surplus
272	272	lines insurer that meets the requirements of Chapter 981, Insurance
273	273	Code, and rules adopted by the commissioner of insurance under that
274	274	chapter, if the applicant is unable to obtain insurance from an
275	275	insurer described by Paragraph (A); and
276	276	(4) furnishing evidence that the vehicle has been
277	277	inspected if [as] required under Chapter 548.
278	278	SECTION 2.07. Section 502.094(e), Transportation Code, is
279	279	amended to read as follows:
280	280	(e) A vehicle issued a permit under this section is subject
281	281	to [Subchapters B and F,] Chapter 548, unless the vehicle:
282	282	(1) is registered in another state of the United
283	283	States, in a province of Canada, or in a state of the United Mexican
284	284	States; or
285	285	(2) is mobile drilling or servicing equipment used in
286	286	the production of gas, crude petroleum, or oil, including a mobile
287	287	crane or hoisting equipment, mobile lift equipment, forklift, or
288	288	tug.
289	289	SECTION 2.08. Section 502.146(d), Transportation Code, is
290	290	amended to read as follows:
291	291	(d) A vehicle described by Subsection (b) is exempt from the
292	292	inspection requirements of Subchapter [Subchapters B and] F,
293	293	Chapter 548.
294	294	SECTION 2.09. Section 547.601, Transportation Code, is
295	295	amended to read as follows:
296	296	Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
297	297	[required by Chapter 548 to be inspected] shall be equipped with
298	298	front safety belts if safety belt anchorages were part of the
299	299	manufacturer's original equipment on the vehicle.
300	300	SECTION 2.10. The heading to Chapter 548, Transportation
301	301	Code, is amended to read as follows:
302	302	CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
303	303	SECTION 2.11. Section 548.001(10), Transportation Code, is
304	304	amended to read as follows:
305	305	(10) "Vehicle inspection report" means a report issued
306	306	by an inspector or an inspection station for a vehicle that
307	307	indicates whether the vehicle has passed an inspection [the safety
308	308	and, if applicable, emissions inspections] required by this
309	309	chapter.
310	310	SECTION 2.12. Section 548.006(b), Transportation Code, is
311	311	amended to read as follows:
312	312	(b) The members of the commission shall appoint seven
313	313	members of the committee as follows:
314	314	(1) four persons to represent inspection station
315	315	owners and operators[, with two of those persons from counties
316	316	conducting vehicle emissions testing under Subchapter F and two of
317	317	those persons from counties conducting safety only inspections];
318	318	(2) one person to represent manufacturers of motor
319	319	vehicle emissions inspection devices;
320	320	(3) one person to represent independent vehicle
321	321	equipment repair technicians; and
322	322	(4) one person to represent the public interest.
323	323	SECTION 2.13. Section 548.053, Transportation Code, is
324	324	transferred to Subchapter E, Chapter 548, Transportation Code,
325	325	redesignated as Section 548.255, Transportation Code, and amended
326	326	to read as follows:
327	327	Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING
328	328	ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection
329	329	discloses the necessity for adjustment, correction, or repair, an
330	330	inspection station or inspector may not issue a passing vehicle
331	331	inspection report until the adjustment, correction, or repair is
332	332	made. The owner of the vehicle may have the adjustment, correction,
333	333	or repair made by a qualified person of the owner's choice, subject
334	334	to reinspection. The vehicle shall be reinspected once free of
335	335	charge within 15 days after the date of the original inspection, not
336	336	including the date the original inspection is made, at the same
337	337	inspection station after the adjustment, correction, or repair is
338	338	made.
339	339	[(b) A vehicle that is inspected and is subsequently
340	340	involved in an accident affecting the safe operation of an item of
341	341	inspection must be reinspected following repair. The reinspection
342	342	must be at an inspection station and shall be treated and charged as
343	343	an initial inspection.]
344	344	SECTION 2.14. Section 548.105, Transportation Code, is
345	345	transferred to Subchapter E, Chapter 548, Transportation Code, and
346	346	redesignated as Section 548.2521, Transportation Code, to read as
347	347	follows:
348	348	Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL
349	349	RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE
350	350	INSPECTION REPORT. (a) An inspection station or inspector may not
351	351	issue a passing vehicle inspection report for a vehicle unless the
352	352	owner or operator furnishes evidence of financial responsibility at
353	353	the time of inspection. Evidence of financial responsibility may
354	354	be shown in the manner specified under Section 601.053(a). A
355	355	personal automobile insurance policy used as evidence of financial
356	356	responsibility must be written for a term of 30 days or more as
357	357	required by Section 1952.054, Insurance Code.
358	358	(b) An inspection station is not liable to a person,
359	359	including a third party, for issuing a passing vehicle inspection
360	360	report in reliance on evidence of financial responsibility
361	361	furnished to the station. An inspection station that is the seller
362	362	of a motor vehicle may rely on an oral insurance binder.
363	363	SECTION 2.15. Sections 548.203(a) and (b), Transportation
364	364	Code, are amended to read as follows:
365	365	(a) The commission by rule may exempt a type of commercial
366	366	motor vehicle from the application of this subchapter if the
367	367	vehicle:
368	368	(1) was manufactured before September 1, 1995;
369	369	(2) is operated only temporarily on a highway of this
370	370	state and at a speed of less than 30 miles per hour; and
371	371	(3) complies with [Section 548.051 and] each
372	372	applicable provision in Title 49, Code of Federal Regulations.
373	373	(b) A [Notwithstanding Subchapter B, a] commercial motor
374	374	vehicle is not subject to the inspection requirements of this
375	375	chapter if the vehicle:
376	376	(1) is not domiciled in this state;
377	377	(2) is registered in this state or under the
378	378	International Registration Plan as authorized by Section 502.091;
379	379	and
380	380	(3) has been issued a certificate of inspection in
381	381	compliance with federal motor carrier safety regulations.
382	382	SECTION 2.16. Subchapter E, Chapter 548, Transportation
383	383	Code, is amended by adding Section 548.257 to read as follows:
384	384	Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED
385	385	ENFORCEMENT. The commission shall require a vehicle required to be
386	386	inspected under this chapter to pass the required inspection:
387	387	(1) for initial registration, not earlier than 90 days
388	388	before the date of registration;
389	389	(2) for a renewal of registration, not earlier than 90
390	390	days before the date of expiration of the vehicle's registration;
391	391	(3) if the vehicle is a used motor vehicle sold by a
392	392	dealer, as defined by Section 503.001, in the 180 days preceding the
393	393	date the dealer sells the vehicle; or
394	394	(4) if the vehicle is subject to the federal motor
395	395	carrier safety regulations, in a period that complies with those
396	396	regulations.
397	397	SECTION 2.17. Section 548.505, Transportation Code, is
398	398	amended to read as follows:
399	399	Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The
400	400	department by rule may impose an inspection fee for a vehicle
401	401	inspected under Section 548.301(a) in addition to a fee adopted
402	402	under Section 382.202, Health and Safety Code [the fee provided by
403	403	Section 548.501, 548.502, 548.503, or 548.504]. A fee imposed
404	404	under this subsection must be based on the costs of:
405	405	(1) providing inspections; and
406	406	(2) administering the program.
407	407	(b) The department may provide a maximum fee for an
408	408	inspection under this section [subchapter]. The department may not
409	409	set a minimum fee for an inspection under this section
410	410	[subchapter].
411	411	SECTION 2.18. Section 548.5055(c), Transportation Code, is
412	412	amended to read as follows:
413	413	(c) This section expires on the date Chapter 386, Health and
414	414	Safety Code, expires as provided by Section 386.002, Health and
415	415	Safety Code [August 31, 2019].
416	416	SECTION 2.19. Section 548.508, Transportation Code, is
417	417	amended to read as follows:
418	418	Sec. 548.508. DISPOSITION OF FEES. Except as provided by
419	419	Sections 382.0622 and 382.202, Health and Safety Code, and Sections
420	420	[Section] 548.5055 and 548.510, each fee remitted to the
421	421	comptroller under this subchapter shall be deposited to the credit
422	422	of the Texas mobility fund.
423	423	SECTION 2.20. Section 548.509, Transportation Code, is
424	424	amended to read as follows:
425	425	Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. (a)
426	426	The Texas Department of Motor Vehicles or a county
427	427	assessor-collector that registers a motor vehicle that is subject
428	428	to an inspection fee under this chapter or Section 382.202, Health
429	429	and Safety Code, shall collect at the time of registration of the
430	430	motor vehicle the portion of the inspection fee that is required to
431	431	be remitted to the state.
432	432	(b) The Texas Department of Motor Vehicles or the county
433	433	assessor-collector shall remit the fee to the comptroller.
434	434	SECTION 2.21. Section 548.510, Transportation Code, is
435	435	amended to read as follows:
436	436	Sec. 548.510. INSPECTION PROGRAM REPLACEMENT AND TRAUMA
437	437	CARE FEES [FEE FOR CERTAIN VEHICLES NOT SUBJECT TO INSPECTION];
438	438	COLLECTION OF FEE DURING REGISTRATION. (a) In addition to other
439	439	fees imposed at the time of registration of a vehicle, at the time
440	440	of application for registration or renewal of registration of a
441	441	vehicle, the applicant shall pay an annual fee of:
442	442	(1) $9.25 for a passenger car or light truck that:
443	443	(A) is sold in this state or purchased by a
444	444	commercial fleet buyer described by Section 501.0234(b)(4) for use
445	445	in this state;
446	446	(B) has not been previously registered in this or
447	447	another state; and
448	448	(C) on the date of sale is of the current model
449	449	year or preceding model year;
450	450	(2) $7.50 for a trailer, semitrailer, pole trailer, or
451	451	mobile home [A vehicle described by Section 548.052(3)] that has an
452	452	actual gross weight or registered gross weight of more than 4,500
453	453	pounds and less than 7,501 pounds;
454	454	(3) $0.25 for a moped; and
455	455	(4) $12.50 for a motor vehicle that is not subject to a
456	456	fee under Subdivision (1) or (2) [is subject to a fee in the amount
457	457	of $7.50].
458	458	(b) The Texas Department of Motor Vehicles or a county
459	459	assessor-collector that registers a vehicle described by this
460	460	section [Subsection (a)] shall collect at the time of registration
461	461	of the vehicle the fee prescribed by this section [Subsection (a)].
462	462	The Texas Department of Motor Vehicles or the county
463	463	assessor-collector, as applicable, shall remit the fee to the
464	464	comptroller.
465	465	(c) Each fee remitted to the comptroller under Subsection
466	466	(a)(1) shall be deposited to the credit of the Texas mobility fund.
467	467	(d) Each fee remitted to the comptroller under Subsection
468	468	(a)(2) [this section] shall be deposited as follows:
469	469	(1) $3.50 to the credit of the Texas mobility fund;
470	470	(2) $2 to the credit of the general revenue fund; and
471	471	(3) $2 to the credit of the clean air account.
472	472	(e) Each fee remitted to the comptroller under Subsection
473	473	(a)(3) shall be deposited to the credit of the designated trauma
474	474	facility and emergency medical services account established under
475	475	Section 780.003, Health and Safety Code.
476	476	(f) Each fee remitted to the comptroller under Subsection
477	477	(a)(4) shall be deposited as follows:
478	478	(1) $3.50 of each fee to the credit of the Texas
479	479	mobility fund;
480	480	(2) $2 of each fee to the credit of the clean air
481	481	account; and
482	482	(3) $7 to the credit of the designated trauma facility
483	483	and emergency medical services account established under Section
484	484	780.003, Health and Safety Code.
485	485	(g) A [(c) The] fee collected under this section
486	486	[Subsection (a)] is not a motor vehicle registration fee and the
487	487	revenue collected from the fee is not required to be used for a
488	488	purpose specified by Section 7-a, Article VIII, Texas Constitution.
489	489	SECTION 2.22. Subchapter H, Chapter 548, Transportation
490	490	Code, is amended by adding Section 548.511 to read as follows:
491	491	Sec. 548.511. VEHICLES NOT SUBJECT TO INSPECTION PROGRAM
492	492	REPLACEMENT OR TRAUMA CARE FEE. Section 548.510 does not apply to:
493	493	(1) a vehicle that is being registered under the
494	494	International Registration Plan as authorized by Section 502.091;
495	495	(2) a token trailer that is being registered under
496	496	Section 502.255, including a token trailer that is being registered
497	497	for an extended period under Section 502.0023;
498	498	(3) a vehicle that is issued a permit under Section
499	499	502.094 and is described by Section 502.094(e)(1) or (2);
500	500	(4) an antique, custom, or street rod vehicle that is
501	501	issued a specialty license plate under Section 504.501;
502	502	(5) a former military vehicle that is issued a
503	503	specialty license plate under Section 504.502;
504	504	(6) a log loader vehicle that is issued a specialty
505	505	license plate under Section 504.506;
506	506	(7) farm machinery, road-building equipment, a farm
507	507	trailer, or a vehicle required to display a slow-moving-vehicle
508	508	emblem under Section 547.703;
509	509	(8) a commercial motor vehicle that is required to be
510	510	inspected under Subchapter D or that is subject to fees under
511	511	Section 548.203(c);
512	512	(9) a vehicle that is being registered under Section
513	513	548.256(b);
514	514	(10) a neighborhood electric vehicle, as defined by
515	515	Section 551.301;
516	516	(11) a trailer, semitrailer, pole trailer, or mobile
517	517	home that will move under or bear a factory-delivery license plate
518	518	or in-transit license plate;
519	519	(12) a vehicle that will move under or bear a paper
520	520	dealer in-transit tag, machinery license, disaster license, parade
521	521	license, prorate tab, one-trip permit, vehicle temporary transit
522	522	permit, antique license, custom vehicle license, street rod
523	523	license, temporary 24-hour permit, or permit license; or
524	524	(13) a vehicle qualified for a tax exemption under
525	525	Section 152.092, Tax Code.
526	526	SECTION 2.23. Section 548.603(a), Transportation Code, is
527	527	amended to read as follows:
528	528	(a) A person commits an offense if the person:
529	529	(1) presents to an official of this state or a
530	530	political subdivision of this state a vehicle inspection report or
531	531	insurance document knowing that the report or document is
532	532	counterfeit, tampered with, altered, fictitious, issued for
533	533	another vehicle, issued for a vehicle failing to meet all emissions
534	534	inspection requirements, or issued in violation of:
535	535	(A) this chapter, rules adopted under this
536	536	chapter, or other law of this state; or
537	537	(B) a law of another state, the United States,
538	538	the United Mexican States, a state of the United Mexican States,
539	539	Canada, or a province of Canada; or
540	540	(2) [with intent to circumvent the emissions
541	541	inspection requirements seeks an inspection of a vehicle at a
542	542	station not certified to perform an emissions inspection if the
543	543	person knows that the vehicle is required to be inspected under
544	544	Section 548.301; or
545	545	[(3)] knowingly does not comply with an emissions
546	546	inspection requirement for a vehicle.
547	547	SECTION 2.24. Section 548.604(a), Transportation Code, is
548	548	amended to read as follows:
549	549	(a) A person commits an offense if the person operates or
550	550	moves a motor vehicle, trailer, semitrailer, pole trailer, or
551	551	mobile home, or a combination of those vehicles, that is[:
552	552	[(1)] equipped in violation of this chapter or a rule
553	553	adopted under this chapter[; or
554	554	[(2) in a mechanical condition that endangers a
555	555	person, including the operator or an occupant, or property].
556	556	SECTION 2.25. The following provisions of the
557	557	Transportation Code are repealed:
558	558	(1) the heading to Subchapter B, Chapter 548;
559	559	(2) Sections 548.051 and 548.052;
560	560	(3) the heading to Subchapter C, Chapter 548;
561	561	(4) Sections 548.101, 548.102, 548.103, and 548.104;
562	562	(5) Sections 548.301(d) and 548.3045(b); and
563	563	(6) Sections 548.501, 548.502, and 548.503.
564	564	ARTICLE 3. TRANSITION
565	565	SECTION 3.01. The change in law made by this Act applies
566	566	only to an offense committed on or after the effective date of this
567	567	Act. An offense committed before the effective date of this Act is
568	568	governed by the law in effect on the date the offense was committed,
569	569	and the former law is continued in effect for that purpose. For
570	570	purposes of this section, an offense was committed before the
571	571	effective date of this Act if any element of the offense occurred
572	572	before that date.
573	573	ARTICLE 4. EFFECTIVE DATE
574	574	SECTION 4.01. This Act takes effect January 1, 2020.