Texas 2021 - 87th Regular

Texas Senate Bill SB1713 Compare Versions

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

Old	New	Differences
1	1	By: Hall S.B. No. 1713
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the elimination of regular mandatory vehicle safety
7	7	inspections and the imposition of replacement fees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 382.0622(a), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(a) Clean Air Act fees consist of:
12	12	(1) fees collected by the commission under Sections
13	13	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
14	14	by law;
15	15	(2) [$2 from the portion of] each fee collected under
16	16	Section 502.360 [for inspections of vehicles other than mopeds and
17	17	remitted to the state under Sections 548.501 and 548.503],
18	18	Transportation Code; and
19	19	(3) fees collected that are required under Section 185
20	20	of the federal Clean Air Act (42 U.S.C. Section 7511d).
21	21	SECTION 2. Section 382.202, Health and Safety Code, is
22	22	amended by amending Subsection (d) and adding Subsection (e-1) to
23	23	read as follows:
24	24	(d) On adoption of a resolution by the commission and after
25	25	proper notice, the Department of Public Safety of the State of Texas
26	26	shall implement a system that requires, [as a condition of
27	27	obtaining a passing vehicle inspection report issued under
28	28	Subchapter C, Chapter 548, Transportation Code,] in a county that
29	29	is included in a vehicle emissions inspection and maintenance
30	30	program under Subchapter F, Chapter 548, Transportation Code [of
31	31	that chapter], that a motor vehicle registered in this state [the
32	32	vehicle], unless the vehicle is not covered by the system, be
33	33	annually or biennially inspected under the vehicle emissions
34	34	inspection and maintenance program as required by the state's air
35	35	quality state implementation plan. The Department of Public Safety
36	36	shall implement such a system when it is required by any provision
37	37	of federal or state law, including any provision of the state's air
38	38	quality state implementation plan.
39	39	(e-1) The portion of a fee imposed under Subsection (e) that
40	40	is not authorized to be retained by an inspection station must be
41	41	collected as provided by Section 502.361.
42	42	SECTION 3. Section 382.203(c), Health and Safety Code, is
43	43	amended to read as follows:
44	44	(c) The Department of Public Safety of the State of Texas by
45	45	rule may waive program requirements, in accordance with standards
46	46	adopted by the commission, for certain vehicles and vehicle owners,
47	47	including:
48	48	(1) the registered owner of a vehicle who cannot
49	49	afford to comply with the program, based on reasonable income
50	50	standards;
51	51	(2) a vehicle that cannot be brought into compliance
52	52	with emissions standards by performing repairs;
53	53	(3) a vehicle:
54	54	(A) on which at least $100 has been spent to bring
55	55	the vehicle into compliance; and
56	56	(B) that the department[:
57	57	[(i)] can verify is driven an average of
58	58	fewer than 5,000 miles each year [was driven fewer than 5,000 miles
59	59	since the last safety inspection; and
60	60	[(ii) reasonably determines will be driven
61	61	fewer than 5,000 miles during the period before the next safety
62	62	inspection is required]; and
63	63	(4) a vehicle for which parts are not readily
64	64	available.
65	65	SECTION 4. Section 386.251(c), Health and Safety Code, is
66	66	amended to read as follows:
67	67	(c) The fund consists of:
68	68	(1) the amount of money deposited to the credit of the
69	69	fund under:
70	70	(A) Section 386.056;
71	71	(B) Sections 151.0515 and 152.0215, Tax Code; and
72	72	(C) Sections 501.138 and[,] 502.358[, and
73	73	548.5055], Transportation Code; and
74	74	(2) grant money recaptured under Section 386.111(d)
75	75	and Chapter 391.
76	76	SECTION 5. Section 502.092(c), Transportation Code, is
77	77	amended to read as follows:
78	78	(c) A person may obtain a permit under this section by:
79	79	(1) applying to the department in a manner prescribed
80	80	by the department;
81	81	(2) paying a fee equal to 1/12 the registration fee
82	82	prescribed by this chapter for the vehicle;
83	83	(3) furnishing satisfactory evidence that the motor
84	84	vehicle is insured under an insurance policy that complies with
85	85	Section 601.072 and that is written by:
86	86	(A) an insurance company or surety company
87	87	authorized to write motor vehicle liability insurance in this
88	88	state; or
89	89	(B) with the department's approval, a surplus
90	90	lines insurer that meets the requirements of Chapter 981, Insurance
91	91	Code, and rules adopted by the commissioner of insurance under that
92	92	chapter, if the applicant is unable to obtain insurance from an
93	93	insurer described by Paragraph (A); and
94	94	(4) furnishing evidence that the vehicle has been
95	95	inspected if [as] required under Chapter 548.
96	96	SECTION 6. Section 502.094(e), Transportation Code, is
97	97	amended to read as follows:
98	98	(e) A vehicle issued a permit under this section is subject
99	99	to [Subchapters B and F,] Chapter 548, unless the vehicle:
100	100	(1) is registered in another state of the United
101	101	States, in a province of Canada, or in a state of the United Mexican
102	102	States; or
103	103	(2) is mobile drilling or servicing equipment used in
104	104	the production of gas, crude petroleum, or oil, including a mobile
105	105	crane or hoisting equipment, mobile lift equipment, forklift, or
106	106	tug.
107	107	SECTION 7. Section 502.146(d), Transportation Code, is
108	108	amended to read as follows:
109	109	(d) A vehicle described by Subsection (b) is exempt from the
110	110	inspection requirements of Subchapter [Subchapters B and] F,
111	111	Chapter 548.
112	112	SECTION 8. Subchapter G, Chapter 502, Transportation Code,
113	113	is amended by adding Sections 502.360 and 502.361 to read as
114	114	follows:
115	115	Sec. 502.360. INSPECTION PROGRAM REPLACEMENT FEES. (a) In
116	116	addition to other fees imposed at the time of registration of a
117	117	motor vehicle, at the time of application for registration or
118	118	renewal of registration of a motor vehicle, the applicant shall pay
119	119	an annual fee of:
120	120	(1) $9.25 for a noncommercial motor vehicle that:
121	121	(A) is sold in this state or purchased by a
122	122	commercial fleet buyer described by Section 501.0234(b)(4) for use
123	123	in this state;
124	124	(B) has not been previously registered in this or
125	125	another state; and
126	126	(C) on the date of sale is of the current model
127	127	year or preceding model year;
128	128	(2) $5.50 for a noncommercial motor vehicle that is
129	129	not a vehicle described by Subdivision (1); and
130	130	(3) $20 for a commercial motor vehicle.
131	131	(b) The department or the county tax assessor-collector, as
132	132	applicable, shall remit the fee collected under Subsection (a) to
133	133	the comptroller at the time and in the manner prescribed by the
134	134	comptroller.
135	135	(c) The comptroller shall deposit fees received under
136	136	Subsection (a)(1) to the credit of the Texas mobility fund.
137	137	(d) Out of fees received under Subsection (a)(2), the
138	138	comptroller shall deposit:
139	139	(1) $1.85 of each fee to the credit of the clean air
140	140	account;
141	141	(2) 15 cents of each fee to the credit of the state
142	142	highway fund to be used only by the Texas Department of
143	143	Transportation for safety initiatives; and
144	144	(3) the remainder of each fee to the credit of the
145	145	Texas mobility fund.
146	146	(e) Out of fees received under Subsection (a)(3), the
147	147	comptroller shall deposit:
148	148	(1) $10 of each fee to the credit of the Texas mobility
149	149	fund; and
150	150	(2) $10 of each fee to the credit of the Texas
151	151	emissions reduction plan fund.
152	152	Sec. 502.361. COLLECTION OF EMISSIONS-RELATED INSPECTION
153	153	FEE. The department or a county tax assessor-collector, as
154	154	applicable, that registers a motor vehicle that is subject to an
155	155	emissions-related inspection fee under Section 382.202, Health and
156	156	Safety Code, or Section 548.505 of this code shall collect the fee
157	157	at the time of registration of the motor vehicle. The department or
158	158	county tax assessor-collector shall remit the fee to the
159	159	comptroller at the time and in the manner prescribed by the
160	160	comptroller.
161	161	SECTION 9. Section 545.352(b), Transportation Code, is
162	162	amended to read as follows:
163	163	(b) Unless a special hazard exists that requires a slower
164	164	speed for compliance with Section 545.351(b), the following speeds
165	165	are lawful:
166	166	(1) 30 miles per hour in an urban district on a street
167	167	other than an alley and 15 miles per hour in an alley;
168	168	(2) except as provided by Subdivision (4), 70 miles
169	169	per hour on a highway numbered by this state or the United States
170	170	outside an urban district, including a farm-to-market or
171	171	ranch-to-market road;
172	172	(3) except as provided by Subdivision (4), 60 miles
173	173	per hour on a highway that is outside an urban district and not a
174	174	highway numbered by this state or the United States;
175	175	(4) outside an urban district:
176	176	(A) 60 miles per hour if the vehicle is a school
177	177	bus that [has passed a commercial motor vehicle inspection under
178	178	Section 548.201 and] is on a highway numbered by the United States
179	179	or this state, including a farm-to-market road; or
180	180	(B) 50 miles per hour if the vehicle is a school
181	181	bus that[:
182	182	[(i) has not passed a commercial motor
183	183	vehicle inspection under Section 548.201; or
184	184	[(ii)] is traveling on a highway not
185	185	numbered by the United States or this state;
186	186	(5) on a beach, 15 miles per hour; or
187	187	(6) on a county road adjacent to a public beach, 15
188	188	miles per hour, if declared by the commissioners court of the
189	189	county.
190	190	SECTION 10. Section 547.601, Transportation Code, is
191	191	amended to read as follows:
192	192	Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
193	193	[required by Chapter 548 to be inspected] shall be equipped with
194	194	front safety belts if safety belt anchorages were part of the
195	195	manufacturer's original equipment on the vehicle.
196	196	SECTION 11. The heading to Chapter 548, Transportation
197	197	Code, is amended to read as follows:
198	198	CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
199	199	SECTION 12. Section 548.001(10), Transportation Code, is
200	200	amended to read as follows:
201	201	(10) "Vehicle inspection report" means a report issued
202	202	by an inspector or an inspection station for a vehicle that
203	203	indicates whether the vehicle has passed an [the safety and, if
204	204	applicable,] emissions inspection [inspections] required by this
205	205	chapter.
206	206	SECTION 13. Section 548.005, Transportation Code, is
207	207	amended to read as follows:
208	208	Sec. 548.005. INSPECTION ONLY BY CERTAIN [STATE-CERTIFIED
209	209	AND SUPERVISED] INSPECTION STATIONS [STATION]. A compulsory
210	210	inspection under this chapter may be made only by an inspection
211	211	station, except that the department may:
212	212	(1) permit inspection to be made by an inspector under
213	213	terms and conditions the department prescribes;
214	214	(2) authorize the acceptance in this state of a
215	215	certificate of inspection and approval issued in another state
216	216	having a similar inspection law; [and]
217	217	(3) authorize the acceptance in this state of a
218	218	certificate of inspection and approval issued in compliance with 49
219	219	C.F.R. Part 396 to a motor bus, as defined by Section 502.001, that
220	220	is registered in this state but is not domiciled in this state; and
221	221	(4) authorize the acceptance in this state of a
222	222	certificate of inspection and approval issued:
223	223	(A) by an inspector qualified under 49 C.F.R.
224	224	Part 396 acting as an employee or authorized agent of the owner of a
225	225	commercial fleet, as defined in Section 502.001; and
226	226	(B) to a commercial motor vehicle that is:
227	227	(i) part of the fleet; and
228	228	(ii) registered in this state.
229	229	SECTION 14. Section 548.006(b), Transportation Code, is
230	230	amended to read as follows:
231	231	(b) The members of the commission shall appoint seven
232	232	members of the committee as follows:
233	233	(1) four persons to represent inspection station
234	234	owners and operators[, with two of those persons from counties
235	235	conducting vehicle emissions testing under Subchapter F and two of
236	236	those persons from counties conducting safety only inspections];
237	237	(2) one person to represent manufacturers of motor
238	238	vehicle emissions inspection devices;
239	239	(3) one person to represent independent vehicle
240	240	equipment repair technicians; and
241	241	(4) one person to represent the public interest.
242	242	SECTION 15. Section 548.052, Transportation Code, is
243	243	transferred to Subchapter K, Chapter 547, Transportation Code,
244	244	redesignated as Section 547.6011, Transportation Code, and amended
245	245	to read as follows:
246	246	Sec. 547.6011 [548.052]. VEHICLES NOT REQUIRED TO BE
247	247	EQUIPPED WITH SAFETY BELTS [SUBJECT TO INSPECTION]. Section
248	248	547.601 [This chapter] does not apply to:
249	249	(1) a trailer, semitrailer, pole trailer, or mobile
250	250	home moving under or bearing a current factory-delivery license
251	251	plate or current in-transit license plate;
252	252	(2) a vehicle moving under or bearing a paper dealer
253	253	in-transit tag, machinery license, disaster license, parade
254	254	license, prorate tab, one-trip permit, vehicle temporary transit
255	255	permit, antique license, custom vehicle license, street rod
256	256	license, temporary 24-hour permit, or permit license;
257	257	(3) a trailer, semitrailer, pole trailer, or mobile
258	258	home having an actual gross weight or registered gross weight of
259	259	4,500 pounds or less;
260	260	(4) farm machinery, road-building equipment, a farm
261	261	trailer, or a vehicle required to display a slow-moving-vehicle
262	262	emblem under Section 547.703;
263	263	(5) a former military vehicle, as defined by Section
264	264	504.502;
265	265	(6) a vehicle qualified for a tax exemption under
266	266	Section 152.092, Tax Code; or
267	267	(7) a vehicle for which a certificate of title has been
268	268	issued but that is not required to be registered.
269	269	SECTION 16. Section 548.053, Transportation Code, is
270	270	transferred to Subchapter E, Chapter 548, Transportation Code,
271	271	redesignated as Section 548.255, Transportation Code, and amended
272	272	to read as follows:
273	273	Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING
274	274	ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection
275	275	discloses the necessity for adjustment, correction, or repair, an
276	276	inspection station or inspector may not issue a passing vehicle
277	277	inspection report until the adjustment, correction, or repair is
278	278	made. The owner of the vehicle may have the adjustment, correction,
279	279	or repair made by a qualified person of the owner's choice, subject
280	280	to reinspection. The vehicle shall be reinspected once free of
281	281	charge within 15 days after the date of the original inspection, not
282	282	including the date the original inspection is made, at the same
283	283	inspection station after the adjustment, correction, or repair is
284	284	made.
285	285	[(b) A vehicle that is inspected and is subsequently
286	286	involved in an accident affecting the safe operation of an item of
287	287	inspection must be reinspected following repair. The reinspection
288	288	must be at an inspection station and shall be treated and charged as
289	289	an initial inspection.]
290	290	SECTION 17. Section 548.105, Transportation Code, is
291	291	transferred to Subchapter E, Chapter 548, Transportation Code, and
292	292	redesignated as Section 548.2521, Transportation Code, to read as
293	293	follows:
294	294	Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL
295	295	RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE
296	296	INSPECTION REPORT. (a) An inspection station or inspector may not
297	297	issue a passing vehicle inspection report for a vehicle unless the
298	298	owner or operator furnishes evidence of financial responsibility at
299	299	the time of inspection. Evidence of financial responsibility may
300	300	be shown in the manner specified under Section 601.053(a). A
301	301	personal automobile insurance policy used as evidence of financial
302	302	responsibility must be written for a term of 30 days or more as
303	303	required by Section 1952.054, Insurance Code.
304	304	(b) An inspection station is not liable to a person,
305	305	including a third party, for issuing a passing vehicle inspection
306	306	report in reliance on evidence of financial responsibility
307	307	furnished to the station. An inspection station that is the seller
308	308	of a motor vehicle may rely on an oral insurance binder.
309	309	SECTION 18. Section 548.201, Transportation Code, is
310	310	amended to read as follows:
311	311	Sec. 548.201. COMMERCIAL MOTOR VEHICLE INSPECTION PROGRAM.
312	312	[(a)] The commission may [shall] establish an inspection program
313	313	for commercial motor vehicles only if necessary to comply with
314	314	[that:
315	315	[(1) meets] the requirements of federal motor carrier
316	316	safety regulations[; and
317	317	[(2) requires a commercial motor vehicle registered in
318	318	this state to pass an annual inspection of all safety equipment
319	319	required by the federal motor carrier safety regulations].
320	320	[(b) A program under this section also applies to any:
321	321	[(1) vehicle or combination of vehicles with a gross
322	322	weight rating of more than 10,000 pounds that is operated in
323	323	interstate commerce and registered in this state;
324	324	[(2) school activity bus, as defined in Section
325	325	541.201, that has a gross weight, registered weight, or gross
326	326	weight rating of more than 26,000 pounds, or is designed to
327	327	transport more than 15 passengers, including the driver; and
328	328	[(3) school bus that will operate at a speed
329	329	authorized by Section 545.352(b)(5)(A).]
330	330	SECTION 19. Subchapter E, Chapter 548, Transportation Code,
331	331	is amended by adding Section 548.257 to read as follows:
332	332	Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED
333	333	ENFORCEMENT. The commission shall require a vehicle required to be
334	334	inspected under this chapter to pass the required inspection:
335	335	(1) not earlier than 90 days before the date of
336	336	expiration of the vehicle's registration; or
337	337	(2) if the vehicle is a used motor vehicle sold by a
338	338	dealer, as defined by Section 503.001, in the 180 days preceding the
339	339	date the dealer sells the vehicle.
340	340	SECTION 20. Section 548.505, Transportation Code, is
341	341	amended to read as follows:
342	342	Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The
343	343	department by rule may impose an inspection fee for a vehicle
344	344	inspected under Section 548.301(a) in addition to a fee adopted
345	345	under Section 382.202, Health and Safety Code [the fee provided by
346	346	Section 548.501, 548.502, 548.503, or 548.504]. A fee imposed
347	347	under this subsection must be based on the costs of:
348	348	(1) providing inspections; and
349	349	(2) administering the program.
350	350	(b) A fee described by Subsection (a) must be collected as
351	351	provided by Section 502.361. [The department may provide a maximum
352	352	fee for an inspection under this subchapter. The department may not
353	353	set a minimum fee for an inspection under this subchapter.]
354	354	SECTION 21. Section 548.603(a), Transportation Code, is
355	355	amended to read as follows:
356	356	(a) A person commits an offense if the person:
357	357	(1) presents to an official of this state or a
358	358	political subdivision of this state a vehicle inspection report or
359	359	insurance document knowing that the report or document is
360	360	counterfeit, tampered with, altered, fictitious, issued for
361	361	another vehicle, issued for a vehicle failing to meet all emissions
362	362	inspection requirements, or issued in violation of:
363	363	(A) this chapter, rules adopted under this
364	364	chapter, or other law of this state; or
365	365	(B) a law of another state, the United States,
366	366	the United Mexican States, a state of the United Mexican States,
367	367	Canada, or a province of Canada; or
368	368	(2) [with intent to circumvent the emissions
369	369	inspection requirements seeks an inspection of a vehicle at a
370	370	station not certified to perform an emissions inspection if the
371	371	person knows that the vehicle is required to be inspected under
372	372	Section 548.301; or
373	373	[(3)] knowingly does not comply with an emissions
374	374	inspection requirement for a vehicle.
375	375	SECTION 22. Section 548.604(a), Transportation Code, is
376	376	amended to read as follows:
377	377	(a) A person commits an offense if the person operates or
378	378	moves a motor vehicle, trailer, semitrailer, pole trailer, or
379	379	mobile home, or a combination of those vehicles, that is[:
380	380	[(1)] equipped in violation of this chapter or a rule
381	381	adopted under this chapter[; or
382	382	[(2) in a mechanical condition that endangers a
383	383	person, including the operator or an occupant, or property].
384	384	SECTION 23. The following provisions of the Transportation
385	385	Code are repealed:
386	386	(1) the heading to Subchapter B, Chapter 548;
387	387	(2) Section 548.051;
388	388	(3) the heading to Subchapter C, Chapter 548;
389	389	(4) Sections 548.101, 548.102, 548.103, and 548.104;
390	390	(5) Sections 548.202 and 548.203;
391	391	(6) Sections 548.301(d) and 548.3045(b); and
392	392	(7) Sections 548.501, 548.502, 548.503, 548.504,
393	393	548.5055, 548.508, and 548.509.
394	394	SECTION 24. Not later than January 1, 2023, the Department
395	395	of Public Safety shall submit to the lieutenant governor and the
396	396	speaker of the house of representatives a report on changes in the
397	397	department's expenses and income that result from implementing the
398	398	changes in law required by this Act, including the increase or
399	399	decrease, if any, of the number of full-time equivalent employees
400	400	needed to administer Chapters 547 and 548, Transportation Code,
401	401	between September 1, 2021, and the date the report is prepared.
402	402	SECTION 25. The change in law made by this Act applies only
403	403	to an offense committed on or after the effective date of this Act.
404	404	An offense committed before the effective date of this Act is
405	405	governed by the law in effect on the date the offense was committed,
406	406	and the former law is continued in effect for that purpose. For
407	407	purposes of this section, an offense was committed before the
408	408	effective date of this Act if any element of the offense occurred
409	409	before that date.
410	410	SECTION 26. This Act takes effect immediately if it
411	411	receives a vote of two-thirds of all the members elected to each
412	412	house, as provided by Section 39. Article III, Texas Constitution.
413	413	If this Act does not receive the vote necessary for immediate
414	414	effect, this Act takes effect September 1, 2021.