88R20429 BEE-F
By: Raney H.B. No. 4127
Substitute the following for H.B. No. 4127:
By: Canales C.S.H.B. No. 4127
A BILL TO BE ENTITLED
AN ACT
relating to the initial registration and inspection period for
certain rental vehicles; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0622(a), Health and Safety Code, is
amended to read as follows:
(a) Clean Air Act fees consist of:
(1) fees collected by the commission under Sections
382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
by law;
(2) $2 from the portion of each fee collected for
inspections of vehicles other than mopeds and remitted to the state
under Sections 548.501 and 548.503, Transportation Code;
(3) $6 from the portion of each fee collected for an
inspection of a vehicle and remitted to the state under Section
548.5035, Transportation Code; and
(4) [(3)] fees collected that are required under
Section 185 of the federal Clean Air Act (42 U.S.C. Section 7511d).
SECTION 2. Section 382.202, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsection (d-2) to
read as follows:
(d) Except as provided by Subsection (d-2), on [On] adoption
of a resolution by the commission and after proper notice, the
Department of Public Safety of the State of Texas shall implement a
system that requires, as a condition of obtaining a passing vehicle
inspection report issued under Subchapter C, Chapter 548,
Transportation Code, in a county that is included in a vehicle
emissions inspection and maintenance program under Subchapter F of
that chapter, that the vehicle, unless the vehicle is not covered by
the system, be annually or biennially inspected under the vehicle
emissions inspection and maintenance program as required by the
state's air quality state implementation plan. The Department of
Public Safety shall implement such a system when it is required by
any provision of federal or state law, including any provision of
the state's air quality state implementation plan.
(d-2) If the state's air quality state implementation plan
provides for a three-year emissions inspection period for a vehicle
described by Section 548.1025(a), Transportation Code:
(1) the system implemented by the Department of Public
Safety of the State of Texas under Subsection (d) shall provide for
a three-year emissions inspection period for a vehicle described by
Section 548.1025(a), Transportation Code; and
(2) the commission shall establish and assess fees for
the emissions inspection of a vehicle described by Section
548.1025(a), Transportation Code, in amounts calculated to provide
the same revenue that would be provided if the vehicle was inspected
annually or biennially.
SECTION 3. Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.0026 to read as follows:
Sec. 502.0026. EXTENDED REGISTRATION OF CERTAIN RENTAL
VEHICLES. (a) Notwithstanding Section 502.044, the initial
registration period is three years for a passenger car or light
truck:
(1) that is sold in this state or purchased by a
commercial fleet buyer described by Section 501.0234(b)(4) for use
in this state;
(2) that has not been previously registered in this or
another state;
(3) that on the date of sale is of the current or
preceding model year; and
(4) for which a rental certificate has been furnished
as described by Section 152.061(b), Tax Code.
(b) Payment for all applicable fees, including any optional
fee imposed under Subchapter H and other registration fees and the
fee required by Section 548.5035, for the entire registration
period is due at the time of registration.
SECTION 4. Subchapter C, Chapter 548, Transportation Code,
is amended by adding Section 548.1025 to read as follows:
Sec. 548.1025. THREE-YEAR INITIAL INSPECTION PERIOD FOR
CERTAIN RENTAL VEHICLES. (a) Notwithstanding any other law, the
initial inspection period is three years for a passenger car or
light truck:
(1) that is sold in this state or purchased by a
commercial fleet buyer described by Section 501.0234(b)(4) for use
in this state;
(2) that has not been previously registered in this or
another state;
(3) that on the date of sale is of the current or
preceding model year; and
(4) for which a rental certificate has been furnished
as described by Section 152.061(b), Tax Code.
(b) This section does not affect a requirement that a motor
vehicle emissions inspection be conducted in a county covered by an
inspection and maintenance program approved by the United States
Environmental Protection Agency under Section 548.301 and the Clean
Air Act (42 U.S.C. Section 7401 et seq.).
SECTION 5. Section 548.501(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Sections 548.503, 548.5035, and
548.504, the fee for inspection of a motor vehicle other than a
moped is $12.50. The fee for inspection of a moped is $5.75.
SECTION 6. Subchapter H, Chapter 548, Transportation Code,
is amended by adding Section 548.5035 to read as follows:
Sec. 548.5035. INITIAL THREE-YEAR INSPECTION OF CERTAIN
RENTAL VEHICLES. (a) The fee for inspection of a passenger car or
light truck under Section 548.1025 shall be set by the department by
rule on or before September 1 of each year.
(b) A fee set by the department under this section must:
(1) be based on the costs of providing inspections and
administering the program; and
(2) be calculated to ensure that the state receives at
least the same amount of revenue from the fee over a three-year
period that the state would have received if the vehicle was subject
to Section 548.102.
(c) The department by rule shall establish the amount of the
fee for an inspection under this section that shall be remitted to
the state under Section 548.509.
SECTION 7. (a) As soon as practicable in the Texas
Commission on Environmental Quality's ordinary course of business,
the commission shall submit for the approval of the United States
Environmental Protection Agency a revision of the state's air
quality state implementation plan to provide for a three-year
emissions inspection period for a vehicle described by Section
548.1025(a), Transportation Code, as added by this Act.
(b) On the approval of a revision to the state's air quality
state implementation plan described by Subsection (a) of this
section, rules and processes necessary to implement and administer
the revised plan shall be adopted by:
(1) the Texas Commission on Environmental Quality; and
(2) the Public Safety Commission.
SECTION 8. This Act takes effect September 1, 2023.