88R1515 BEE-F
By: Hall S.B. No. 684
A BILL TO BE ENTITLED
AN ACT
relating to the inspection periods for certain motor vehicles;
increasing certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.202(d), Health and Safety Code, is
amended to read as follows:
(d) 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, Chapter 548, Transportation Code [of
that chapter], that a motor vehicle registered in this state [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.
SECTION 2. Section 548.101, Transportation Code, is amended
to read as follows:
Sec. 548.101. GENERAL FIVE-YEAR [ONE-YEAR] INSPECTION
PERIOD. Except as provided by Section 548.102, the department
shall require an [annual] inspection every five years. The
department shall set the periods of inspection and may make rules
with respect to those periods. [The rules must provide that:
[(1) a vehicle owner may obtain an inspection not
earlier than 90 days before the date of expiration of the vehicle's
registration; and
[(2) a used motor vehicle sold by a dealer, as defined
by Section 503.001, must be inspected in the 180 days preceding the
date the dealer sells the vehicle.]
SECTION 3. The heading to Section 548.102, Transportation
Code, is amended to read as follows:
Sec. 548.102. FIVE-YEAR [TWO-YEAR] INITIAL INSPECTION
PERIOD FOR PASSENGER CAR OR LIGHT TRUCK.
SECTION 4. Section 548.102(a), Transportation Code, is
amended to read as follows:
(a) The initial inspection period is five [two] years for a
passenger car or light truck that:
(1) 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) has not been previously registered in this or
another state; and
(3) on the date of sale is of the current or preceding
model year.
SECTION 5. Subchapter C, Chapter 548, Transportation Code,
is amended by adding Section 548.106 to read as follows:
Sec. 548.106. TIMING OF INSPECTION FOR REGISTRATION-BASED
ENFORCEMENT. The department shall require a vehicle required to be
inspected under this chapter to pass the required inspection:
(1) for initial registration, not earlier than 90 days
before the date of registration;
(2) for a renewal of registration, not earlier than 90
days before the date of expiration of the vehicle's registration;
(3) if the vehicle is a used motor vehicle sold by a
dealer, as defined by Section 503.001, in the 180 days preceding the
date the dealer sells the vehicle; or
(4) if the vehicle is subject to the federal motor
carrier safety regulations, in a period that complies with those
regulations.
SECTION 6. Section 548.254, Transportation Code, is amended
to read as follows:
Sec. 548.254. VALIDITY OF VEHICLE INSPECTION REPORT. The
department, and the conservation commission if necessary, by rule
shall establish the length of time a [A] vehicle inspection report
required by this chapter is valid [invalid after the end of the 12th
month following the month in which the report is issued].
SECTION 7. Sections 548.501(a) and (b), Transportation
Code, are amended to read as follows:
(a) Except as provided by Sections 548.503 and 548.504, the
fee for inspection of a [motor] vehicle other than a moped is $26.50
[$12.50]. The fee for inspection of a moped is $19.75 [$5.75].
(b) Out of each fee for an inspection, $19.50 [$5.50] shall
be remitted to the state under Section 548.509.
SECTION 8. Section 548.502, Transportation Code, is amended
to read as follows:
Sec. 548.502. INSPECTION BY POLITICAL SUBDIVISION OR STATE
AGENCY. A political subdivision or state agency for which the
department certifies an inspection station under Section 548.004:
(1) shall pay to the state $27.50 [$5.50] for each
inspection under Section 548.509; and
(2) may not be required to pay the remainder of the
inspection fee.
SECTION 9. Section 548.503, Transportation Code, is amended
to read as follows:
Sec. 548.503. INITIAL FIVE-YEAR [TWO-YEAR] INSPECTION OF
PASSENGER CAR OR LIGHT TRUCK. (a) The fee for inspection of a
passenger car or light truck under Section 548.102 shall be set by
the department by rule on or before September 1 of each year. A fee
set by the department under this subsection must be based on the
costs of providing inspections and administering the program, but
may not be less than $32.25 [$21.75].
(b) Out of each fee for an inspection under this section,
$25.25 [$14.75] shall be remitted to the state under Section
548.509.
SECTION 10. Section 548.505, Transportation Code, is
amended to read as follows:
Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The
department by rule may impose an emissions-related inspection fee
for a vehicle inspected under Section 548.301(a) [in addition to
the fee provided by Section 548.501, 548.502, 548.503, or 548.504].
A fee imposed under this subsection must be based on the costs of:
(1) providing inspections; and
(2) administering the program.
(b) The department may provide a maximum fee for an
inspection under this section [subchapter]. The department may not
set a minimum fee for an inspection under this section
[subchapter].
SECTION 11. Section 548.508, Transportation Code, is
amended to read as follows:
Sec. 548.508. DISPOSITION OF FEES. Except as provided by
Sections 382.0622 and 382.202, Health and Safety Code, and Sections
[Section] 548.5055 and 548.510 of this code, each fee remitted to
the comptroller under this subchapter shall be deposited to the
credit of the Texas mobility fund.
SECTION 12. Section 548.509, Transportation Code, is
amended to read as follows:
Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. (a)
The Texas Department of Motor Vehicles or a county
assessor-collector that registers a motor vehicle that is subject
to an inspection fee under this chapter or Section 382.202, Health
and Safety Code, shall collect at the time of registration of the
motor vehicle the portion of the inspection fee that is required to
be remitted to the state.
(b) The Texas Department of Motor Vehicles or the county
assessor-collector shall remit the fee to the comptroller.
SECTION 13. This Act takes effect September 1, 2023.