Texas 2023 - 88th Regular

Texas Senate Bill SB1708 Compare Versions

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1	1	88R7045 BEE-F
2	2	By: Middleton S.B. No. 1708
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the elimination of regular mandatory vehicle safety
8	8	inspections for noncommercial vehicles and the imposition of
9	9	replacement fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 382.0622(a), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(a) Clean Air Act fees consist of:
14	14	(1) fees collected by the commission under Sections
15	15	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
16	16	by law;
17	17	(2) each amount described by Sections 548.510(d)(3)
18	18	and (e)(3) [$2 from the portion of each fee collected for
19	19	inspections of vehicles other than mopeds and remitted to the state
20	20	under Sections 548.501 and 548.503], Transportation Code; and
21	21	(3) fees collected that are required under Section 185
22	22	of the federal Clean Air Act (42 U.S.C. Section 7511d).
23	23	SECTION 2. Section 382.202, Health and Safety Code, is
24	24	amended by amending Subsection (d) and adding Subsection (e-1) to
25	25	read as follows:
26	26	(d) On adoption of a resolution by the commission and after
27	27	proper notice, the Department of Public Safety of the State of Texas
28	28	shall implement a system that requires, [as a condition of
29	29	obtaining a passing vehicle inspection report issued under
30	30	Subchapter C, Chapter 548, Transportation Code,] in a county that
31	31	is included in a vehicle emissions inspection and maintenance
32	32	program under Subchapter F, Chapter 548, Transportation Code [of
33	33	that chapter], that a motor vehicle registered in this state [the
34	34	vehicle], unless the vehicle is not covered by the system, be
35	35	annually or biennially inspected under the vehicle emissions
36	36	inspection and maintenance program as required by the state's air
37	37	quality state implementation plan. The Department of Public Safety
38	38	shall implement such a system when it is required by any provision
39	39	of federal or state law, including any provision of the state's air
40	40	quality state implementation plan.
41	41	(e-1) The portion of a fee imposed under Subsection (e) that
42	42	is not authorized to be retained by an inspection station must be
43	43	collected as provided by Section 548.509, Transportation Code.
44	44	SECTION 3. Section 382.203(c), Health and Safety Code, is
45	45	amended to read as follows:
46	46	(c) The Department of Public Safety of the State of Texas by
47	47	rule may waive program requirements, in accordance with standards
48	48	adopted by the commission, for certain vehicles and vehicle owners,
49	49	including:
50	50	(1) the registered owner of a vehicle who cannot
51	51	afford to comply with the program, based on reasonable income
52	52	standards;
53	53	(2) a vehicle that cannot be brought into compliance
54	54	with emissions standards by performing repairs;
55	55	(3) a vehicle:
56	56	(A) on which at least $100 has been spent to bring
57	57	the vehicle into compliance; and
58	58	(B) that the department[:
59	59	[(i)] can verify is driven an average of
60	60	less than 5,000 miles each year [was driven fewer than 5,000 miles
61	61	since the last safety inspection; and
62	62	[(ii) reasonably determines will be driven
63	63	fewer than 5,000 miles during the period before the next safety
64	64	inspection is required]; and
65	65	(4) a vehicle for which parts are not readily
66	66	available.
67	67	SECTION 4. Section 502.0024, Transportation Code, is
68	68	amended to read as follows:
69	69	Sec. 502.0024. EXTENDED REGISTRATION OF CERTAIN TRAILERS
70	70	[VEHICLES NOT SUBJECT TO INSPECTION]. (a) Notwithstanding Section
71	71	502.044(c), the department shall develop and implement a system of
72	72	registration to allow an owner of a trailer, semitrailer, or pole
73	73	trailer having an actual gross weight or registered gross weight of
74	74	7,500 pounds or less [vehicle described by Section 548.052(3) other
75	75	than a mobile home] to register the vehicle for an extended
76	76	registration period of not more than five years. The owner may
77	77	select the number of years for registration under this section
78	78	within that range and register the vehicle for that period. Payment
79	79	for all applicable fees, including any optional fee imposed under
80	80	Subchapter H and other registration fees and the fee required by
81	81	Section 548.510, for the entire registration period selected is due
82	82	at the time of registration.
83	83	(b) The fee required by Section 548.510 shall be remitted to
84	84	the comptroller for deposit in the Texas mobility fund, the general
85	85	revenue fund, and the clean air account in amounts proportionate to
86	86	the allocation prescribed by Subsection (d) [(b)] of that section.
87	87	(c) The fees imposed under Subchapter H shall be collected
88	88	and remitted as prescribed by that subchapter.
89	89	SECTION 5. Sections 502.0025(d) and (e), Transportation
90	90	Code, are amended to read as follows:
91	91	(d) A motor vehicle, semitrailer, or trailer registered
92	92	under this section is subject to any applicable [the] inspection
93	93	requirements of Chapter 548 as if the vehicle, semitrailer, or
94	94	trailer were registered without an extended registration period.
95	95	(e) The department shall adopt rules to implement this
96	96	section, including rules:
97	97	(1) regarding the suspension of an exempt county
98	98	fleet's registration under this section if the owner of the exempt
99	99	county fleet fails to comply with this section or rules adopted
100	100	under this section; and
101	101	(2) establishing a method to enforce applicable [the]
102	102	inspection requirements of Chapter 548 for motor vehicles,
103	103	semitrailers, and trailers registered under this section.
104	104	SECTION 6. Section 502.047(a), Transportation Code, is
105	105	amended to read as follows:
106	106	(a) Except as provided by Chapter 548, the department and
107	107	the Department of Public Safety shall ensure compliance with [the]
108	108	motor vehicle inspection requirements under Chapter 548[,
109	109	including compliance with the motor vehicle emissions inspection
110	110	and maintenance program under Subchapter F of that chapter,]
111	111	through a vehicle registration-based enforcement system.
112	112	SECTION 7. Section 502.092(c), Transportation Code, is
113	113	amended to read as follows:
114	114	(c) A person may obtain a permit under this section by:
115	115	(1) applying to the department in a manner prescribed
116	116	by the department;
117	117	(2) paying a fee equal to 1/12 the registration fee
118	118	prescribed by this chapter for the vehicle;
119	119	(3) furnishing satisfactory evidence that the motor
120	120	vehicle is insured under an insurance policy that complies with
121	121	Section 601.072 and that is written by:
122	122	(A) an insurance company or surety company
123	123	authorized to write motor vehicle liability insurance in this
124	124	state; or
125	125	(B) with the department's approval, a surplus
126	126	lines insurer that meets the requirements of Chapter 981, Insurance
127	127	Code, and rules adopted by the commissioner of insurance under that
128	128	chapter, if the applicant is unable to obtain insurance from an
129	129	insurer described by Paragraph (A); and
130	130	(4) furnishing evidence that the vehicle has been
131	131	inspected if [as] required under Chapter 548.
132	132	SECTION 8. Section 502.094(e), Transportation Code, is
133	133	amended to read as follows:
134	134	(e) A vehicle issued a permit under this section is subject
135	135	to [Subchapters B and F,] Chapter 548, unless the vehicle:
136	136	(1) is registered in another state of the United
137	137	States, in a province of Canada, or in a state of the United Mexican
138	138	States; or
139	139	(2) is mobile drilling or servicing equipment used in
140	140	the production of gas, crude petroleum, or oil, including a mobile
141	141	crane or hoisting equipment, mobile lift equipment, forklift, or
142	142	tug.
143	143	SECTION 9. Section 502.146(d), Transportation Code, is
144	144	amended to read as follows:
145	145	(d) A vehicle described by Subsection (b) is exempt from the
146	146	inspection requirements of Subchapter [Subchapters B and] F,
147	147	Chapter 548.
148	148	SECTION 10. Section 547.601, Transportation Code, is
149	149	amended to read as follows:
150	150	Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
151	151	[required by Chapter 548 to be inspected] shall be equipped with:
152	152	(1) front safety belts if safety belt anchorages were
153	153	part of the manufacturer's original equipment on the vehicle; or
154	154	(2) for a motor vehicle that is an assembled vehicle,
155	155	as defined by Section 731.001, front safety belts in vehicles that
156	156	contain safety belt anchorages.
157	157	SECTION 11. The heading to Chapter 548, Transportation
158	158	Code, is amended to read as follows:
159	159	CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
160	160	SECTION 12. Section 548.001(10), Transportation Code, is
161	161	amended to read as follows:
162	162	(10) "Vehicle inspection report" means a report issued
163	163	by an inspector or an inspection station for a vehicle that
164	164	indicates whether the vehicle has passed an inspection [the safety
165	165	and, if applicable, emissions inspections] required by this
166	166	chapter.
167	167	SECTION 13. Section 548.006(b), Transportation Code, is
168	168	amended to read as follows:
169	169	(b) The members of the commission shall appoint seven
170	170	members of the committee as follows:
171	171	(1) four persons to represent inspection station
172	172	owners and operators[, with two of those persons from counties
173	173	conducting vehicle emissions testing under Subchapter F and two of
174	174	those persons from counties conducting safety only inspections];
175	175	(2) one person to represent manufacturers of motor
176	176	vehicle emissions inspection devices;
177	177	(3) one person to represent independent vehicle
178	178	equipment repair technicians; and
179	179	(4) one person to represent the public interest.
180	180	SECTION 14. Section 548.053, Transportation Code, is
181	181	transferred to Subchapter E, Chapter 548, Transportation Code,
182	182	redesignated as Section 548.255, Transportation Code, and amended
183	183	to read as follows:
184	184	Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING
185	185	ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection
186	186	discloses the necessity for adjustment, correction, or repair, an
187	187	inspection station or inspector may not issue a passing vehicle
188	188	inspection report until the adjustment, correction, or repair is
189	189	made. The owner of the vehicle may have the adjustment, correction,
190	190	or repair made by a qualified person of the owner's choice, subject
191	191	to reinspection. The vehicle shall be reinspected once free of
192	192	charge within 15 days after the date of the original inspection, not
193	193	including the date the original inspection is made, at the same
194	194	inspection station after the adjustment, correction, or repair is
195	195	made.
196	196	[(b) A vehicle that is inspected and is subsequently
197	197	involved in an accident affecting the safe operation of an item of
198	198	inspection must be reinspected following repair. The reinspection
199	199	must be at an inspection station and shall be treated and charged as
200	200	an initial inspection.]
201	201	SECTION 15. Section 548.105, Transportation Code, is
202	202	transferred to Subchapter E, Chapter 548, Transportation Code, and
203	203	redesignated as Section 548.2521, Transportation Code, to read as
204	204	follows:
205	205	Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL
206	206	RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE
207	207	INSPECTION REPORT. (a) An inspection station or inspector may not
208	208	issue a passing vehicle inspection report for a vehicle unless the
209	209	owner or operator furnishes evidence of financial responsibility at
210	210	the time of inspection. Evidence of financial responsibility may
211	211	be shown in the manner specified under Section 601.053(a). A
212	212	personal automobile insurance policy used as evidence of financial
213	213	responsibility must be written for a term of 30 days or more as
214	214	required by Section 1952.054, Insurance Code.
215	215	(b) An inspection station is not liable to a person,
216	216	including a third party, for issuing a passing vehicle inspection
217	217	report in reliance on evidence of financial responsibility
218	218	furnished to the station. An inspection station that is the seller
219	219	of a motor vehicle may rely on an oral insurance binder.
220	220	SECTION 16. Sections 548.203(a) and (b), Transportation
221	221	Code, are amended to read as follows:
222	222	(a) The commission by rule may exempt a type of commercial
223	223	motor vehicle from the application of this subchapter if the
224	224	vehicle:
225	225	(1) was manufactured before September 1, 1995;
226	226	(2) is operated only temporarily on a highway of this
227	227	state and at a speed of less than 30 miles per hour; and
228	228	(3) complies with [Section 548.051 and] each
229	229	applicable provision in Title 49, Code of Federal Regulations.
230	230	(b) A [Notwithstanding Subchapter B, a] commercial motor
231	231	vehicle is not subject to the inspection requirements of this
232	232	chapter if the vehicle:
233	233	(1) is not domiciled in this state;
234	234	(2) is registered in this state or under the
235	235	International Registration Plan as authorized by Section 502.091;
236	236	and
237	237	(3) has been issued a certificate of inspection in
238	238	compliance with federal motor carrier safety regulations.
239	239	SECTION 17. Subchapter E, Chapter 548, Transportation Code,
240	240	is amended by adding Section 548.257 to read as follows:
241	241	Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED
242	242	ENFORCEMENT. The department shall require a vehicle required to be
243	243	inspected under this chapter to pass the required inspection:
244	244	(1) for initial registration, not earlier than 90 days
245	245	before the date of registration;
246	246	(2) for a renewal of registration, not earlier than 90
247	247	days before the date of expiration of the vehicle's registration;
248	248	(3) if the vehicle is a used motor vehicle sold by a
249	249	dealer, as defined by Section 503.001, in the 180 days preceding the
250	250	date the dealer sells the vehicle; or
251	251	(4) if the vehicle is subject to the federal motor
252	252	carrier safety regulations, in a period that complies with those
253	253	regulations.
254	254	SECTION 18. Section 548.505(a), Transportation Code, is
255	255	amended to read as follows:
256	256	(a) The department by rule may impose an inspection fee for
257	257	a vehicle inspected under Section 548.301(a) in addition to a fee
258	258	adopted under Section 382.202, Health and Safety Code [the fee
259	259	provided by Section 548.501, 548.502, 548.503, or 548.504]. A fee
260	260	imposed under this subsection must be based on the costs of:
261	261	(1) providing inspections; and
262	262	(2) administering the program.
263	263	SECTION 19. Section 548.508, Transportation Code, is
264	264	amended to read as follows:
265	265	Sec. 548.508. DISPOSITION OF FEES. Except as provided by
266	266	Sections 382.0622 and 382.202, Health and Safety Code, and Sections
267	267	[Section] 548.5055 and 548.510 of this code, each fee remitted to
268	268	the comptroller under this subchapter shall be deposited to the
269	269	credit of the Texas mobility fund.
270	270	SECTION 20. Section 548.509, Transportation Code, is
271	271	amended to read as follows:
272	272	Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. (a)
273	273	The Texas Department of Motor Vehicles or a county
274	274	assessor-collector that registers a motor vehicle that is subject
275	275	to an inspection fee under this chapter or Section 382.202, Health
276	276	and Safety Code, or a replacement fee under Section 548.510 of this
277	277	code shall collect at the time of registration of the motor vehicle
278	278	the portion of the inspection fee that is required to be remitted to
279	279	the state.
280	280	(b) The Texas Department of Motor Vehicles or the county
281	281	assessor-collector shall remit the fee to the comptroller.
282	282	SECTION 21. Section 548.510, Transportation Code, is
283	283	amended to read as follows:
284	284	Sec. 548.510. INSPECTION PROGRAM REPLACEMENT FEE [FOR
285	285	CERTAIN VEHICLES NOT SUBJECT TO INSPECTION; COLLECTION OF FEE
286	286	DURING REGISTRATION]. (a) Except as provided by Subsections (b)
287	287	and (c), in addition to other fees imposed at the time of
288	288	registration, at the time of application for initial registration
289	289	or renewal of registration of a motor vehicle, trailer,
290	290	semitrailer, pole trailer, or mobile home, the applicant shall pay
291	291	an annual fee of $7.50.
292	292	(b) Instead of the fee provided by Subsection (a), an
293	293	applicant shall pay a one-time fee of $16.75 if the application is
294	294	for the initial registration of a passenger car or light truck that:
295	295	(1) is sold in this state or purchased by a commercial
296	296	fleet buyer described by Section 501.0234(b)(4) for use in this
297	297	state;
298	298	(2) has not been previously registered in this or
299	299	another state; and
300	300	(3) on the date of sale is of the current model year or
301	301	preceding model year.
302	302	(c) An applicant who pays a fee under Subsection (b) for a
303	303	registration year is not required to pay a fee under Subsection (a)
304	304	for the next registration year for the same vehicle.
305	305	(d) [A vehicle described by Section 548.052(3) that has an
306	306	actual gross weight or registered gross weight of more than 4,500
307	307	pounds is subject to a fee in the amount of $7.50.
308	308	[(b) The Texas Department of Motor Vehicles or a county
309	309	assessor-collector that registers a vehicle described by
310	310	Subsection (a) shall collect at the time of registration of the
311	311	vehicle the fee prescribed by Subsection (a). The Texas Department
312	312	of Motor Vehicles or the county assessor-collector, as applicable,
313	313	shall remit the fee to the comptroller.] Each fee paid [remitted to
314	314	the comptroller] under Subsection (a) [this section] shall be
315	315	deposited by the comptroller after receipt under Section 548.509 as
316	316	follows:
317	317	(1) $3.50 to the credit of the Texas mobility fund;
318	318	(2) $2 to the credit of the general revenue fund; and
319	319	(3) $2 to the credit of the clean air account.
320	320	(e) Each fee paid under Subsection (b) shall be deposited by
321	321	the comptroller after receipt under Section 548.509 as follows:
322	322	(1) $12.75 to the credit of the Texas mobility fund;
323	323	(2) $2 to the credit of the general revenue fund; and
324	324	(3) $2 to the credit of the clean air account.
325	325	(f) A [(c) The] fee collected under this section
326	326	[Subsection (a)] is not a motor vehicle registration fee and the
327	327	revenue collected from the fee is not required to be used for a
328	328	purpose specified by Section 7-a, Article VIII, Texas Constitution.
329	329	SECTION 22. Subchapter H, Chapter 548, Transportation Code,
330	330	is amended by adding Section 548.511 to read as follows:
331	331	Sec. 548.511. VEHICLES NOT SUBJECT TO INSPECTION PROGRAM
332	332	REPLACEMENT FEE. Section 548.510 does not apply to:
333	333	(1) a vehicle that is being registered under the
334	334	International Registration Plan as authorized by Section 502.091;
335	335	(2) a token trailer that is being registered under
336	336	Section 502.255, including a token trailer that is being registered
337	337	for an extended period under Section 502.0023;
338	338	(3) a vehicle that is issued a permit under Section
339	339	502.094 and is described by Section 502.094(e)(1) or (2);
340	340	(4) a former military vehicle that is issued a
341	341	specialty license plate under Section 504.502;
342	342	(5) a log loader vehicle that is issued a specialty
343	343	license plate under Section 504.506;
344	344	(6) farm machinery, road-building equipment, a farm
345	345	trailer, or a vehicle required to display a slow-moving-vehicle
346	346	emblem under Section 547.703;
347	347	(7) a commercial motor vehicle that is required to be
348	348	inspected under Subchapter D or that is subject to fees under
349	349	Section 548.203(c);
350	350	(8) a vehicle that is being registered under Section
351	351	548.256(b);
352	352	(9) a neighborhood electric vehicle, as defined by
353	353	Section 551.301;
354	354	(10) a trailer, semitrailer, pole trailer, or mobile
355	355	home that:
356	356	(A) has an actual gross weight or registered
357	357	gross weight of 4,500 pounds or less; or
358	358	(B) will move under or bear a factory-delivery
359	359	license plate or in-transit license plate;
360	360	(11) a vehicle that will move under or bear a paper
361	361	dealer in-transit tag, machinery license, disaster license, parade
362	362	license, prorate tab, one-trip permit, vehicle temporary transit
363	363	permit, antique license, custom vehicle license, street rod
364	364	license, temporary 24-hour permit, or permit license; or
365	365	(12) a vehicle qualified for a tax exemption under
366	366	Section 152.092, Tax Code.
367	367	SECTION 23. Section 548.603(a), Transportation Code, is
368	368	amended to read as follows:
369	369	(a) A person commits an offense if the person:
370	370	(1) presents to an official of this state or a
371	371	political subdivision of this state a vehicle inspection report or
372	372	insurance document knowing that the report or document is
373	373	counterfeit, tampered with, altered, fictitious, issued for
374	374	another vehicle, issued for a vehicle failing to meet all emissions
375	375	inspection requirements, or issued in violation of:
376	376	(A) this chapter, rules adopted under this
377	377	chapter, or other law of this state; or
378	378	(B) a law of another state, the United States,
379	379	the United Mexican States, a state of the United Mexican States,
380	380	Canada, or a province of Canada; or
381	381	(2) [with intent to circumvent the emissions
382	382	inspection requirements seeks an inspection of a vehicle at a
383	383	station not certified to perform an emissions inspection if the
384	384	person knows that the vehicle is required to be inspected under
385	385	Section 548.301; or
386	386	[(3)] knowingly does not comply with an emissions
387	387	inspection requirement for a vehicle.
388	388	SECTION 24. Section 548.604(a), Transportation Code, is
389	389	amended to read as follows:
390	390	(a) A person commits an offense if the person operates or
391	391	moves a motor vehicle, trailer, semitrailer, pole trailer, or
392	392	mobile home, or a combination of those vehicles, that is[:
393	393	[(1)] equipped in violation of this chapter or a rule
394	394	adopted under this chapter[; or
395	395	[(2) in a mechanical condition that endangers a
396	396	person, including the operator or an occupant, or property].
397	397	SECTION 25. Section 731.101(a), Transportation Code, is
398	398	amended to read as follows:
399	399	(a) In addition to any [the] inspection required under
400	400	Chapter 548, an assembled vehicle must pass an inspection conducted
401	401	by a master technician for the type of assembled vehicle being
402	402	inspected. The inspection must be conducted before issuance of a
403	403	title for the assembled vehicle.
404	404	SECTION 26. The following provisions of the Transportation
405	405	Code are repealed:
406	406	(1) the heading to Subchapter B, Chapter 548;
407	407	(2) Sections 548.051 and 548.052;
408	408	(3) the heading to Subchapter C, Chapter 548;
409	409	(4) Sections 548.101, 548.102, 548.103, and 548.104;
410	410	(5) Sections 548.301(d) and 548.3045(b); and
411	411	(6) Sections 548.501, 548.502, and 548.503.
412	412	SECTION 27. Not later than January 1, 2025, the Department
413	413	of Public Safety shall submit to the lieutenant governor and the
414	414	speaker of the house of representatives a report on changes in the
415	415	department's expenses and income that result from implementing the
416	416	changes in law required by this Act, including the increase or
417	417	decrease, if any, of the number of full-time equivalent employees
418	418	needed to administer Chapters 547 and 548, Transportation Code,
419	419	between September 1, 2023, and the date the report is prepared.
420	420	SECTION 28. The change in law made by this Act applies only
421	421	to an offense committed on or after the effective date of this Act.
422	422	An offense committed before the effective date of this Act is
423	423	governed by the law in effect on the date the offense was committed,
424	424	and the former law is continued in effect for that purpose. For
425	425	purposes of this section, an offense was committed before the
426	426	effective date of this Act if any element of the offense occurred
427	427	before that date.
428	428	SECTION 29. This Act takes effect September 1, 2023.