Texas 2023 - 88th Regular

Texas House Bill HB3297 Compare Versions

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1	1	H.B. No. 3297
2	2
3	3
4	4	AN ACT
5	5	relating to the elimination of regular mandatory vehicle safety
6	6	inspections for noncommercial vehicles and the imposition of
7	7	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) each amount described by Sections 548.510(d)(3)
16	16	and (e)(3) [$2 from the portion of each fee collected for
17	17	inspections of vehicles other than mopeds and remitted to the state
18	18	under Sections 548.501 and 548.503], 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 548.509, Transportation Code.
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	less 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 502.0024, Transportation Code, is
66	66	amended to read as follows:
67	67	Sec. 502.0024. EXTENDED REGISTRATION OF CERTAIN TRAILERS
68	68	[VEHICLES NOT SUBJECT TO INSPECTION]. (a) Notwithstanding Section
69	69	502.044(c), the department shall develop and implement a system of
70	70	registration to allow an owner of a trailer, semitrailer, or pole
71	71	trailer having an actual gross weight or registered gross weight of
72	72	7,500 pounds or less [vehicle described by Section 548.052(3) other
73	73	than a mobile home] to register the vehicle for an extended
74	74	registration period of not more than five years. The owner may
75	75	select the number of years for registration under this section
76	76	within that range and register the vehicle for that period. Payment
77	77	for all applicable fees, including any optional fee imposed under
78	78	Subchapter H and other registration fees and the fee required by
79	79	Section 548.510, for the entire registration period selected is due
80	80	at the time of registration.
81	81	(b) The fee required by Section 548.510 shall be remitted to
82	82	the comptroller for deposit in the Texas mobility fund, the general
83	83	revenue fund, and the clean air account in amounts proportionate to
84	84	the allocation prescribed by Subsection (d) [(b)] of that section.
85	85	(c) The fees imposed under Subchapter H shall be collected
86	86	and remitted as prescribed by that subchapter.
87	87	SECTION 5. Sections 502.0025(d) and (e), Transportation
88	88	Code, are amended to read as follows:
89	89	(d) A motor vehicle, semitrailer, or trailer registered
90	90	under this section is subject to any applicable [the] inspection
91	91	requirements of Chapter 548 as if the vehicle, semitrailer, or
92	92	trailer were registered without an extended registration period.
93	93	(e) The department shall adopt rules to implement this
94	94	section, including rules:
95	95	(1) regarding the suspension of an exempt county
96	96	fleet's registration under this section if the owner of the exempt
97	97	county fleet fails to comply with this section or rules adopted
98	98	under this section; and
99	99	(2) establishing a method to enforce applicable [the]
100	100	inspection requirements of Chapter 548 for motor vehicles,
101	101	semitrailers, and trailers registered under this section.
102	102	SECTION 6. Section 502.047(a), Transportation Code, is
103	103	amended to read as follows:
104	104	(a) Except as provided by Chapter 548, the department and
105	105	the Department of Public Safety shall ensure compliance with [the]
106	106	motor vehicle inspection requirements under Chapter 548[,
107	107	including compliance with the motor vehicle emissions inspection
108	108	and maintenance program under Subchapter F of that chapter,]
109	109	through a vehicle registration-based enforcement system.
110	110	SECTION 7. Section 502.092(c), Transportation Code, is
111	111	amended to read as follows:
112	112	(c) A person may obtain a permit under this section by:
113	113	(1) applying to the department in a manner prescribed
114	114	by the department;
115	115	(2) paying a fee equal to 1/12 the registration fee
116	116	prescribed by this chapter for the vehicle;
117	117	(3) furnishing satisfactory evidence that the motor
118	118	vehicle is insured under an insurance policy that complies with
119	119	Section 601.072 and that is written by:
120	120	(A) an insurance company or surety company
121	121	authorized to write motor vehicle liability insurance in this
122	122	state; or
123	123	(B) with the department's approval, a surplus
124	124	lines insurer that meets the requirements of Chapter 981, Insurance
125	125	Code, and rules adopted by the commissioner of insurance under that
126	126	chapter, if the applicant is unable to obtain insurance from an
127	127	insurer described by Paragraph (A); and
128	128	(4) furnishing evidence that the vehicle has been
129	129	inspected if [as] required under Chapter 548.
130	130	SECTION 8. Section 502.094(e), Transportation Code, is
131	131	amended to read as follows:
132	132	(e) A vehicle issued a permit under this section is subject
133	133	to [Subchapters B and F,] Chapter 548, unless the vehicle:
134	134	(1) is registered in another state of the United
135	135	States, in a province of Canada, or in a state of the United Mexican
136	136	States; or
137	137	(2) is mobile drilling or servicing equipment used in
138	138	the production of gas, crude petroleum, or oil, including a mobile
139	139	crane or hoisting equipment, mobile lift equipment, forklift, or
140	140	tug.
141	141	SECTION 9. Section 502.146(d), Transportation Code, is
142	142	amended to read as follows:
143	143	(d) A vehicle described by Subsection (b) is exempt from the
144	144	inspection requirements of Subchapter [Subchapters B and] F,
145	145	Chapter 548.
146	146	SECTION 10. Section 547.601, Transportation Code, is
147	147	amended to read as follows:
148	148	Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
149	149	[required by Chapter 548 to be inspected] shall be equipped with:
150	150	(1) front safety belts if safety belt anchorages were
151	151	part of the manufacturer's original equipment on the vehicle; or
152	152	(2) for a motor vehicle that is an assembled vehicle,
153	153	as defined by Section 731.001, front safety belts in vehicles that
154	154	contain safety belt anchorages.
155	155	SECTION 11. The heading to Chapter 548, Transportation
156	156	Code, is amended to read as follows:
157	157	CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
158	158	SECTION 12. Section 548.001(10), Transportation Code, is
159	159	amended to read as follows:
160	160	(10) "Vehicle inspection report" means a report issued
161	161	by an inspector or an inspection station for a vehicle that
162	162	indicates whether the vehicle has passed an inspection [the safety
163	163	and, if applicable, emissions inspections] required by this
164	164	chapter.
165	165	SECTION 13. Section 548.006(b), Transportation Code, is
166	166	amended to read as follows:
167	167	(b) The members of the commission shall appoint seven
168	168	members of the committee as follows:
169	169	(1) four persons to represent inspection station
170	170	owners and operators[, with two of those persons from counties
171	171	conducting vehicle emissions testing under Subchapter F and two of
172	172	those persons from counties conducting safety only inspections];
173	173	(2) one person to represent manufacturers of motor
174	174	vehicle emissions inspection devices;
175	175	(3) one person to represent independent vehicle
176	176	equipment repair technicians; and
177	177	(4) one person to represent the public interest.
178	178	SECTION 14. Section 548.053, Transportation Code, is
179	179	transferred to Subchapter E, Chapter 548, Transportation Code,
180	180	redesignated as Section 548.255, Transportation Code, and amended
181	181	to read as follows:
182	182	Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING
183	183	ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection
184	184	discloses the necessity for adjustment, correction, or repair, an
185	185	inspection station or inspector may not issue a passing vehicle
186	186	inspection report until the adjustment, correction, or repair is
187	187	made. The owner of the vehicle may have the adjustment, correction,
188	188	or repair made by a qualified person of the owner's choice, subject
189	189	to reinspection. The vehicle shall be reinspected once free of
190	190	charge within 15 days after the date of the original inspection, not
191	191	including the date the original inspection is made, at the same
192	192	inspection station after the adjustment, correction, or repair is
193	193	made.
194	194	[(b) A vehicle that is inspected and is subsequently
195	195	involved in an accident affecting the safe operation of an item of
196	196	inspection must be reinspected following repair. The reinspection
197	197	must be at an inspection station and shall be treated and charged as
198	198	an initial inspection.]
199	199	SECTION 15. Section 548.105, Transportation Code, is
200	200	transferred to Subchapter E, Chapter 548, Transportation Code, and
201	201	redesignated as Section 548.2521, Transportation Code, to read as
202	202	follows:
203	203	Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL
204	204	RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE
205	205	INSPECTION REPORT. (a) An inspection station or inspector may not
206	206	issue a passing vehicle inspection report for a vehicle unless the
207	207	owner or operator furnishes evidence of financial responsibility at
208	208	the time of inspection. Evidence of financial responsibility may
209	209	be shown in the manner specified under Section 601.053(a). A
210	210	personal automobile insurance policy used as evidence of financial
211	211	responsibility must be written for a term of 30 days or more as
212	212	required by Section 1952.054, Insurance Code.
213	213	(b) An inspection station is not liable to a person,
214	214	including a third party, for issuing a passing vehicle inspection
215	215	report in reliance on evidence of financial responsibility
216	216	furnished to the station. An inspection station that is the seller
217	217	of a motor vehicle may rely on an oral insurance binder.
218	218	SECTION 16. Sections 548.203(a) and (b), Transportation
219	219	Code, are amended to read as follows:
220	220	(a) The commission by rule may exempt a type of commercial
221	221	motor vehicle from the application of this subchapter if the
222	222	vehicle:
223	223	(1) was manufactured before September 1, 1995;
224	224	(2) is operated only temporarily on a highway of this
225	225	state and at a speed of less than 30 miles per hour; and
226	226	(3) complies with [Section 548.051 and] each
227	227	applicable provision in Title 49, Code of Federal Regulations.
228	228	(b) A [Notwithstanding Subchapter B, a] commercial motor
229	229	vehicle is not subject to the inspection requirements of this
230	230	chapter if the vehicle:
231	231	(1) is not domiciled in this state;
232	232	(2) is registered in this state or under the
233	233	International Registration Plan as authorized by Section 502.091;
234	234	and
235	235	(3) has been issued a certificate of inspection in
236	236	compliance with federal motor carrier safety regulations.
237	237	SECTION 17. Subchapter E, Chapter 548, Transportation Code,
238	238	is amended by adding Section 548.257 to read as follows:
239	239	Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED
240	240	ENFORCEMENT. The department shall require a vehicle required to be
241	241	inspected under this chapter to pass the required inspection:
242	242	(1) for initial registration, not earlier than 90 days
243	243	before the date of registration;
244	244	(2) for a renewal of registration, not earlier than 90
245	245	days before the date of expiration of the vehicle's registration;
246	246	(3) if the vehicle is a used motor vehicle sold by a
247	247	dealer, as defined by Section 503.001, in the 180 days preceding the
248	248	date the dealer sells the vehicle; or
249	249	(4) if the vehicle is subject to the federal motor
250	250	carrier safety regulations, in a period that complies with those
251	251	regulations.
252	252	SECTION 18. Section 548.505(a), Transportation Code, is
253	253	amended to read as follows:
254	254	(a) The department by rule may impose an inspection fee for
255	255	a vehicle inspected under Section 548.301(a) in addition to a fee
256	256	adopted under Section 382.202, Health and Safety Code [the fee
257	257	provided by Section 548.501, 548.502, 548.503, or 548.504]. A fee
258	258	imposed under this subsection must be based on the costs of:
259	259	(1) providing inspections; and
260	260	(2) administering the program.
261	261	SECTION 19. Section 548.508, Transportation Code, is
262	262	amended to read as follows:
263	263	Sec. 548.508. DISPOSITION OF FEES. Except as provided by
264	264	Sections 382.0622 and 382.202, Health and Safety Code, and Sections
265	265	[Section] 548.5055 and 548.510 of this code, each fee remitted to
266	266	the comptroller under this subchapter shall be deposited to the
267	267	credit of the Texas mobility fund.
268	268	SECTION 20. Section 548.509, Transportation Code, is
269	269	amended to read as follows:
270	270	Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. (a)
271	271	The Texas Department of Motor Vehicles or a county
272	272	assessor-collector that registers a motor vehicle that is subject
273	273	to an inspection fee under this chapter or Section 382.202, Health
274	274	and Safety Code, or a replacement fee under Section 548.510 of this
275	275	code shall collect at the time of registration of the motor vehicle
276	276	the portion of the inspection fee that is required to be remitted to
277	277	the state.
278	278	(b) The Texas Department of Motor Vehicles or the county
279	279	assessor-collector shall remit the fee to the comptroller.
280	280	SECTION 21. Section 548.510, Transportation Code, is
281	281	amended to read as follows:
282	282	Sec. 548.510. INSPECTION PROGRAM REPLACEMENT FEE [FOR
283	283	CERTAIN VEHICLES NOT SUBJECT TO INSPECTION; COLLECTION OF FEE
284	284	DURING REGISTRATION]. (a) Except as provided by Subsections (b)
285	285	and (c), in addition to other fees imposed at the time of
286	286	registration, at the time of application for initial registration
287	287	or renewal of registration of a motor vehicle, trailer,
288	288	semitrailer, pole trailer, or mobile home, the applicant shall pay
289	289	an annual fee of $7.50.
290	290	(b) Instead of the fee provided by Subsection (a), an
291	291	applicant shall pay a one-time fee of $16.75 if the application is
292	292	for the initial registration of a passenger car or light truck that:
293	293	(1) is sold in this state or purchased by a commercial
294	294	fleet buyer described by Section 501.0234(b)(4) for use in this
295	295	state;
296	296	(2) has not been previously registered in this or
297	297	another state; and
298	298	(3) on the date of sale is of the current model year or
299	299	preceding model year.
300	300	(c) An applicant who pays a fee under Subsection (b) for a
301	301	registration year is not required to pay a fee under Subsection (a)
302	302	for the next registration year for the same vehicle.
303	303	(d) [A vehicle described by Section 548.052(3) that has an
304	304	actual gross weight or registered gross weight of more than 4,500
305	305	pounds is subject to a fee in the amount of $7.50.
306	306	[(b) The Texas Department of Motor Vehicles or a county
307	307	assessor-collector that registers a vehicle described by
308	308	Subsection (a) shall collect at the time of registration of the
309	309	vehicle the fee prescribed by Subsection (a). The Texas Department
310	310	of Motor Vehicles or the county assessor-collector, as applicable,
311	311	shall remit the fee to the comptroller.] Each fee paid [remitted to
312	312	the comptroller] under Subsection (a) [this section] shall be
313	313	deposited by the comptroller after receipt under Section 548.509 as
314	314	follows:
315	315	(1) $3.50 to the credit of the Texas mobility fund;
316	316	(2) $2 to the credit of the general revenue fund; and
317	317	(3) $2 to the credit of the clean air account.
318	318	(e) Each fee paid under Subsection (b) shall be deposited by
319	319	the comptroller after receipt under Section 548.509 as follows:
320	320	(1) $12.75 to the credit of the Texas mobility fund;
321	321	(2) $2 to the credit of the general revenue fund; and
322	322	(3) $2 to the credit of the clean air account.
323	323	(f) A [(c) The] fee collected under this section
324	324	[Subsection (a)] is not a motor vehicle registration fee and the
325	325	revenue collected from the fee is not required to be used for a
326	326	purpose specified by Section 7-a, Article VIII, Texas Constitution.
327	327	SECTION 22. Subchapter H, Chapter 548, Transportation Code,
328	328	is amended by adding Section 548.511 to read as follows:
329	329	Sec. 548.511. VEHICLES NOT SUBJECT TO INSPECTION PROGRAM
330	330	REPLACEMENT FEE. Section 548.510 does not apply to:
331	331	(1) a vehicle that is being registered under the
332	332	International Registration Plan as authorized by Section 502.091;
333	333	(2) a token trailer that is being registered under
334	334	Section 502.255, including a token trailer that is being registered
335	335	for an extended period under Section 502.0023;
336	336	(3) a vehicle that is issued a permit under Section
337	337	502.094 and is described by Section 502.094(e)(1) or (2);
338	338	(4) a former military vehicle that is issued a
339	339	specialty license plate under Section 504.502;
340	340	(5) a log loader vehicle that is issued a specialty
341	341	license plate under Section 504.506;
342	342	(6) farm machinery, road-building equipment, a farm
343	343	trailer, or a vehicle required to display a slow-moving-vehicle
344	344	emblem under Section 547.703;
345	345	(7) a commercial motor vehicle that is required to be
346	346	inspected under Subchapter D or that is subject to fees under
347	347	Section 548.203(c);
348	348	(8) a vehicle that is being registered under Section
349	349	548.256(b);
350	350	(9) a neighborhood electric vehicle, as defined by
351	351	Section 551.301;
352	352	(10) a trailer, semitrailer, pole trailer, or mobile
353	353	home that:
354	354	(A) has an actual gross weight or registered
355	355	gross weight of 4,500 pounds or less; or
356	356	(B) will move under or bear a factory-delivery
357	357	license plate or in-transit license plate;
358	358	(11) a vehicle that will move under or bear a paper
359	359	dealer in-transit tag, machinery license, disaster license, parade
360	360	license, prorate tab, one-trip permit, vehicle temporary transit
361	361	permit, antique license, custom vehicle license, street rod
362	362	license, temporary 24-hour permit, or permit license; or
363	363	(12) a vehicle qualified for a tax exemption under
364	364	Section 152.092, Tax Code.
365	365	SECTION 23. Section 548.603(a), Transportation Code, is
366	366	amended to read as follows:
367	367	(a) A person commits an offense if the person:
368	368	(1) presents to an official of this state or a
369	369	political subdivision of this state a vehicle inspection report or
370	370	insurance document knowing that the report or document is
371	371	counterfeit, tampered with, altered, fictitious, issued for
372	372	another vehicle, issued for a vehicle failing to meet all emissions
373	373	inspection requirements, or issued in violation of:
374	374	(A) this chapter, rules adopted under this
375	375	chapter, or other law of this state; or
376	376	(B) a law of another state, the United States,
377	377	the United Mexican States, a state of the United Mexican States,
378	378	Canada, or a province of Canada; or
379	379	(2) [with intent to circumvent the emissions
380	380	inspection requirements seeks an inspection of a vehicle at a
381	381	station not certified to perform an emissions inspection if the
382	382	person knows that the vehicle is required to be inspected under
383	383	Section 548.301; or
384	384	[(3)] knowingly does not comply with an emissions
385	385	inspection requirement for a vehicle.
386	386	SECTION 24. Section 548.604(a), Transportation Code, is
387	387	amended to read as follows:
388	388	(a) A person commits an offense if the person operates or
389	389	moves a motor vehicle, trailer, semitrailer, pole trailer, or
390	390	mobile home, or a combination of those vehicles, that is[:
391	391	[(1)] equipped in violation of this chapter or a rule
392	392	adopted under this chapter[; or
393	393	[(2) in a mechanical condition that endangers a
394	394	person, including the operator or an occupant, or property].
395	395	SECTION 25. Section 731.101(a), Transportation Code, is
396	396	amended to read as follows:
397	397	(a) In addition to any [the] inspection required under
398	398	Chapter 548, an assembled vehicle must pass an inspection conducted
399	399	by a master technician for the type of assembled vehicle being
400	400	inspected. The inspection must be conducted before issuance of a
401	401	title for the assembled vehicle.
402	402	SECTION 26. The following provisions of the Transportation
403	403	Code are repealed:
404	404	(1) the heading to Subchapter B, Chapter 548;
405	405	(2) Sections 548.051 and 548.052;
406	406	(3) the heading to Subchapter C, Chapter 548;
407	407	(4) Sections 548.101, 548.102, 548.103, and 548.104;
408	408	(5) Sections 548.301(d) and 548.3045(b); and
409	409	(6) Sections 548.501, 548.502, and 548.503.
410	410	SECTION 27. Not later than January 1, 2025, the Department
411	411	of Public Safety shall submit to the lieutenant governor and the
412	412	speaker of the house of representatives a report on changes in the
413	413	department's expenses and income that result from implementing the
414	414	changes in law required by this Act, including the increase or
415	415	decrease, if any, of the number of full-time equivalent employees
416	416	needed to administer Chapters 547 and 548, Transportation Code,
417	417	between September 1, 2023, and the date the report is prepared.
418	418	SECTION 28. The change in law made by this Act applies only
419	419	to an offense committed on or after the effective date of this Act.
420	420	An offense committed before the effective date of this Act is
421	421	governed by the law in effect on the date the offense was committed,
422	422	and the former law is continued in effect for that purpose. For
423	423	purposes of this section, an offense was committed before the
424	424	effective date of this Act if any element of the offense occurred
425	425	before that date.
426	426	SECTION 29. This Act takes effect January 1, 2025.
427	427	______________________________ ______________________________
428	428	President of the Senate Speaker of the House
429	429	I certify that H.B. No. 3297 was passed by the House on May 5,
430	430	2023, by the following vote: Yeas 105, Nays 40, 1 present, not
431	431	voting; that the House refused to concur in Senate amendments to
432	432	H.B. No. 3297 on May 25, 2023, and requested the appointment of a
433	433	conference committee to consider the differences between the two
434	434	houses; and that the House adopted the conference committee report
435	435	on H.B. No. 3297 on May 28, 2023, by the following vote: Yeas 109,
436	436	Nays 32, 2 present, not voting.
437	437	______________________________
438	438	Chief Clerk of the House
439	439	I certify that H.B. No. 3297 was passed by the Senate, with
440	440	amendments, on May 21, 2023, by the following vote: Yeas 20, Nays
441	441	11; at the request of the House, the Senate appointed a conference
442	442	committee to consider the differences between the two houses; and
443	443	that the Senate adopted the conference committee report on H.B. No.
444	444	3297 on May 28, 2023, by the following vote: Yeas 20, Nays 11.
445	445	______________________________
446	446	Secretary of the Senate
447	447	APPROVED: __________________
448	448	Date
449	449	__________________
450	450	Governor