Texas 2019 - 86th Regular

Texas Senate Bill SB892 Latest Draft

Bill / Comm Sub Version Filed 05/15/2019

                            86R31939 JXC-D
 By: Menéndez S.B. No. 892
 (Israel)
 Substitute the following for S.B. No. 892:  No.


 A BILL TO BE ENTITLED
 AN ACT
 relating to the exhaust emission systems of certain diesel-powered
 motor vehicles.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 547.605, Transportation Code, is amended
 by amending Subsection (c) and adding Subsection (f) to read as
 follows:
 (c)  The owner or operator of a motor vehicle or motor
 vehicle engine, of a model year after 1967, that is equipped with an
 exhaust emission system:
 (1)  shall maintain the system in good working
 condition;
 (2)  shall use the system when the motor vehicle or
 motor vehicle engine is operated; [and]
 (3)  may not remove the system or a part of the system
 or intentionally make the system inoperable in this state, unless
 the owner or operator removes the system or part to install another
 system or part intended to be equally effective in reducing
 atmospheric emissions; and
 (4)  if the motor vehicle is a diesel-powered passenger
 car or light truck, may not modify or reprogram the system or a part
 of the system in a manner that the owner or operator knows or should
 know will increase the motor vehicle's capacity to emit soot,
 smoke, or other particulate matter.
 (f)  A court shall:
 (1)  dismiss a charge for a first offense under
 Subsection (c)(4) if the defendant:
 (A)  after the date of the citation and before the
 defendant's first court appearance date, obtains all inspections
 required to be conducted annually for the vehicle under Chapter
 548; and
 (B)  submits to the court a passing vehicle
 inspection report from those inspections for the vehicle; and
 (2)  assess an administrative fee not to exceed $20
 when the charge has been remedied under Subdivision (1).
 SECTION 2.  This Act takes effect September 1, 2019.