| 12 | | - | SECTION 1. Section 547.605, Transportation Code, is amended |
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| 13 | | - | by amending Subsection (c) and adding Subsection (f) to read as |
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| 14 | | - | follows: |
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| 9 | + | SECTION 1. Section 382.203(a), Health and Safety Code, is |
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| 10 | + | amended to read as follows: |
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| 11 | + | (a) The inspection and maintenance program applies to any |
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| 12 | + | diesel-powered passenger car or light truck or any gasoline-powered |
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| 13 | + | vehicle that is: |
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| 14 | + | (1) required to be registered in and is primarily |
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| 15 | + | operated in an affected county; and |
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| 16 | + | (2) at least two and less than 25 years old; or |
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| 17 | + | (3) subject to test-on-resale requirements under |
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| 18 | + | Section 548.3011, Transportation Code. |
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| 19 | + | SECTION 2. Section 547.605(c), Transportation Code, is |
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| 20 | + | amended to read as follows: |
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| 15 | 21 | | (c) The owner or operator of a motor vehicle or motor |
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| 16 | 22 | | vehicle engine, of a model year after 1967, that is equipped with an |
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| 17 | 23 | | exhaust emission system: |
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| 18 | 24 | | (1) shall maintain the system in good working |
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| 19 | 25 | | condition; |
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| 20 | 26 | | (2) shall use the system when the motor vehicle or |
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| 21 | 27 | | motor vehicle engine is operated; [and] |
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| 22 | 28 | | (3) may not remove the system or a part of the system |
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| 23 | 29 | | or intentionally make the system inoperable in this state, unless |
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| 24 | 30 | | the owner or operator removes the system or part to install another |
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| 25 | 31 | | system or part intended to be equally effective in reducing |
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| 26 | 32 | | atmospheric emissions; and |
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| 27 | 33 | | (4) if the motor vehicle is a diesel-powered passenger |
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| 28 | 34 | | car or light truck, may not modify or reprogram the system or a part |
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| 29 | 35 | | of the system in a manner that the owner or operator knows or should |
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| 30 | 36 | | know will increase the motor vehicle's capacity to emit soot, |
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| 31 | 37 | | smoke, or other particulate matter. |
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| 32 | | - | (f) A court shall: |
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| 33 | | - | (1) dismiss a charge for a first offense under |
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| 34 | | - | Subsection (c)(4) if the defendant: |
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| 35 | | - | (A) after the date of the citation and before the |
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| 36 | | - | defendant's first court appearance date, obtains all inspections |
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| 37 | | - | required to be conducted annually for the vehicle under Chapter |
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| 38 | | - | 548; and |
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| 39 | | - | (B) submits to the court a passing vehicle |
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| 40 | | - | inspection report from those inspections for the vehicle; and |
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| 41 | | - | (2) assess an administrative fee not to exceed $20 |
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| 42 | | - | when the charge has been remedied under Subdivision (1). |
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| 43 | | - | SECTION 2. This Act takes effect September 1, 2019. |
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| 38 | + | SECTION 3. This Act takes effect September 1, 2019. |
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