Bill Text: TX HB3995 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to the elimination of regular mandatory vehicle safety inspections and the imposition of replacement fees.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2017-05-09 - Committee report sent to Calendars [HB3995 Detail]

Download: Texas-2017-HB3995-Comm_Sub.html

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85R24735 JXC-F
By: Simmons, Pickett, et al. H.B. No. 3995
Substitute the following for H.B. No. 3995:
By: Morrison C.S.H.B. No. 3995

A BILL TO BE ENTITLED
AN ACT
relating to the elimination of regular mandatory vehicle safety
inspections and the imposition of replacement 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 under
Section 502.360 [for inspections of vehicles other than mopeds and
remitted to the state under Sections 548.501 and 548.503],
Transportation Code; and
(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 (e-1) 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.
(e-1) The portion of a fee imposed under Subsection (e) that
is not authorized to be retained by an inspection station must be
collected as provided by Section 502.361.
SECTION 3. Section 382.203(c), Health and Safety Code, is
amended to read as follows:
(c) The Department of Public Safety of the State of Texas by
rule may waive program requirements, in accordance with standards
adopted by the commission, for certain vehicles and vehicle owners,
including:
(1) the registered owner of a vehicle who cannot
afford to comply with the program, based on reasonable income
standards;
(2) a vehicle that cannot be brought into compliance
with emissions standards by performing repairs;
(3) a vehicle:
(A) on which at least $100 has been spent to bring
the vehicle into compliance; and
(B) that the department[:
[(i)] can verify is driven an average of
fewer than 5,000 miles each year [was driven fewer than 5,000 miles
since the last safety inspection; and
[(ii) reasonably determines will be driven
fewer than 5,000 miles during the period before the next safety
inspection is required]; and
(4) a vehicle for which parts are not readily
available.
SECTION 4. Section 386.251(c), Health and Safety Code, is
amended to read as follows:
(c) The fund consists of:
(1) the amount of money deposited to the credit of the
fund under:
(A) Section 386.056;
(B) Sections 151.0515 and 152.0215, Tax Code; and
(C) Sections 501.138 and[,] 502.358[, and
548.5055], Transportation Code; and
(2) grant money recaptured under Section 386.111(d)
and Chapter 391.
SECTION 5. Section 502.092(c), Transportation Code, is
amended to read as follows:
(c) A person may obtain a permit under this section by:
(1) applying to the department in a manner prescribed
by the department;
(2) paying a fee equal to 1/12 the registration fee
prescribed by this chapter for the vehicle;
(3) furnishing satisfactory evidence that the motor
vehicle is insured under an insurance policy that complies with
Section 601.072 and that is written by:
(A) an insurance company or surety company
authorized to write motor vehicle liability insurance in this
state; or
(B) with the department's approval, a surplus
lines insurer that meets the requirements of Chapter 981, Insurance
Code, and rules adopted by the commissioner of insurance under that
chapter, if the applicant is unable to obtain insurance from an
insurer described by Paragraph (A); and
(4) furnishing evidence that the vehicle has been
inspected if [as] required under Chapter 548.
SECTION 6. Section 502.094(e), Transportation Code, is
amended to read as follows:
(e) A vehicle issued a permit under this section is subject
to [Subchapters B and F,] Chapter 548, unless the vehicle:
(1) is registered in another state of the United
States, in a province of Canada, or in a state of the United Mexican
States; or
(2) is mobile drilling or servicing equipment used in
the production of gas, crude petroleum, or oil, including a mobile
crane or hoisting equipment, mobile lift equipment, forklift, or
tug.
SECTION 7. Section 502.146(d), Transportation Code, is
amended to read as follows:
(d) A vehicle described by Subsection (b) is exempt from the
inspection requirements of Subchapter [Subchapters B and] F,
Chapter 548.
SECTION 8. Subchapter G, Chapter 502, Transportation Code,
is amended by adding Sections 502.360 and 502.361 to read as
follows:
Sec. 502.360. INSPECTION PROGRAM REPLACEMENT FEES. (a) In
addition to other fees imposed at the time of registration of a
motor vehicle, at the time of application for registration or
renewal of registration of a motor vehicle, the applicant shall pay
an annual fee of:
(1) $9.25 for a noncommercial motor vehicle that:
(A) is sold in this state or purchased by a
commercial fleet buyer described by Section 501.0234(b)(4) for use
in this state;
(B) has not been previously registered in this or
another state; and
(C) on the date of sale is of the current model
year or preceding model year;
(2) $5.50 for a noncommercial motor vehicle that is
not a vehicle described by Subdivision (1); and
(3) $20 for a commercial motor vehicle.
(b) The department or the county tax assessor-collector, as
applicable, shall remit the fee collected under Subsection (a) to
the comptroller at the time and in the manner prescribed by the
comptroller.
(c) The comptroller shall deposit fees received under
Subsection (a)(1) to the credit of the Texas mobility fund.
(d) Out of fees received under Subsection (a)(2), the
comptroller shall deposit:
(1) $1.85 of each fee to the credit of the clean air
account;
(2) 15 cents of each fee to the credit of the state
highway fund to be used only by the Texas Department of
Transportation for safety initiatives; and
(3) the remainder of each fee to the credit of the
Texas mobility fund.
(e) Out of fees received under Subsection (a)(3), the
comptroller shall deposit:
(1) $10 of each fee to the credit of the Texas mobility
fund; and
(2) $10 of each fee to the credit of the Texas
emissions reduction plan fund.
Sec. 502.361. COLLECTION OF EMISSIONS-RELATED INSPECTION
FEE. The department or a county tax assessor-collector, as
applicable, that registers a motor vehicle that is subject to an
emissions-related inspection fee under Section 382.202, Health and
Safety Code, or Section 548.505 of this code shall collect the fee
at the time of registration of the motor vehicle. The department or
county tax assessor-collector shall remit the fee to the
comptroller at the time and in the manner prescribed by the
comptroller.
SECTION 9. Section 545.352(b), Transportation Code, is
amended to read as follows:
(b) Unless a special hazard exists that requires a slower
speed for compliance with Section 545.351(b), the following speeds
are lawful:
(1) 30 miles per hour in an urban district on a street
other than an alley and 15 miles per hour in an alley;
(2) except as provided by Subdivision (4), 70 miles
per hour on a highway numbered by this state or the United States
outside an urban district, including a farm-to-market or
ranch-to-market road;
(3) except as provided by Subdivision (4), 60 miles
per hour on a highway that is outside an urban district and not a
highway numbered by this state or the United States;
(4) outside an urban district:
(A) 60 miles per hour if the vehicle is a school
bus that [has passed a commercial motor vehicle inspection under
Section 548.201 and] is on a highway numbered by the United States
or this state, including a farm-to-market road; or
(B) 50 miles per hour if the vehicle is a school
bus that[:
[(i) has not passed a commercial motor
vehicle inspection under Section 548.201; or
[(ii)] is traveling on a highway not
numbered by the United States or this state;
(5) on a beach, 15 miles per hour; or
(6) on a county road adjacent to a public beach, 15
miles per hour, if declared by the commissioners court of the
county.
SECTION 10. Section 547.601, Transportation Code, is
amended to read as follows:
Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle
[required by Chapter 548 to be inspected] shall be equipped with
front safety belts if safety belt anchorages were part of the
manufacturer's original equipment on the vehicle.
SECTION 11. The heading to Chapter 548, Transportation
Code, is amended to read as follows:
CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
SECTION 12. Section 548.001(10), Transportation Code, is
amended to read as follows:
(10) "Vehicle inspection report" means a report issued
by an inspector or an inspection station for a vehicle that
indicates whether the vehicle has passed an [the safety and, if
applicable,] emissions inspection [inspections] required by this
chapter.
SECTION 13. Section 548.005, Transportation Code, is
amended to read as follows:
Sec. 548.005. INSPECTION ONLY BY CERTAIN [STATE-CERTIFIED
AND SUPERVISED] INSPECTION STATIONS [STATION]. A compulsory
inspection under this chapter may be made only by an inspection
station, except that the department may:
(1) permit inspection to be made by an inspector under
terms and conditions the department prescribes;
(2) authorize the acceptance in this state of a
certificate of inspection and approval issued in another state
having a similar inspection law; [and]
(3) authorize the acceptance in this state of a
certificate of inspection and approval issued in compliance with 49
C.F.R. Part 396 to a motor bus, as defined by Section 502.001, that
is registered in this state but is not domiciled in this state; and
(4) authorize the acceptance in this state of a
certificate of inspection and approval issued:
(A) by an inspector qualified under 49 C.F.R.
Part 396 acting as an employee or authorized agent of the owner of a
commercial fleet, as defined in Section 502.001; and
(B) to a commercial motor vehicle that is:
(i) part of the fleet; and
(ii) registered in this state.
SECTION 14. Section 548.006(b), Transportation Code, is
amended to read as follows:
(b) The members of the commission shall appoint seven
members of the committee as follows:
(1) four persons to represent inspection station
owners and operators[, with two of those persons from counties
conducting vehicle emissions testing under Subchapter F and two of
those persons from counties conducting safety only inspections];
(2) one person to represent manufacturers of motor
vehicle emissions inspection devices;
(3) one person to represent independent vehicle
equipment repair technicians; and
(4) one person to represent the public interest.
SECTION 15. Section 548.052, Transportation Code, is
transferred to Subchapter K, Chapter 547, Transportation Code,
redesignated as Section 547.6011, Transportation Code, and amended
to read as follows:
Sec. 547.6011 [548.052]. VEHICLES NOT REQUIRED TO BE
EQUIPPED WITH SAFETY BELTS [SUBJECT TO INSPECTION]. Section
547.601 [This chapter] does not apply to:
(1) a trailer, semitrailer, pole trailer, or mobile
home moving under or bearing a current factory-delivery license
plate or current in-transit license plate;
(2) a vehicle moving under or bearing a paper dealer
in-transit tag, machinery license, disaster license, parade
license, prorate tab, one-trip permit, vehicle temporary transit
permit, antique license, custom vehicle license, street rod
license, temporary 24-hour permit, or permit license;
(3) a trailer, semitrailer, pole trailer, or mobile
home having an actual gross weight or registered gross weight of
4,500 pounds or less;
(4) farm machinery, road-building equipment, a farm
trailer, or a vehicle required to display a slow-moving-vehicle
emblem under Section 547.703;
(5) a former military vehicle, as defined by Section
504.502;
(6) a vehicle qualified for a tax exemption under
Section 152.092, Tax Code; or
(7) a vehicle for which a certificate of title has been
issued but that is not required to be registered.
SECTION 16. Section 548.053, Transportation Code, is
transferred to Subchapter E, Chapter 548, Transportation Code,
redesignated as Section 548.255, Transportation Code, and amended
to read as follows:
Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING
ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection
discloses the necessity for adjustment, correction, or repair, an
inspection station or inspector may not issue a passing vehicle
inspection report until the adjustment, correction, or repair is
made. The owner of the vehicle may have the adjustment, correction,
or repair made by a qualified person of the owner's choice, subject
to reinspection. The vehicle shall be reinspected once free of
charge within 15 days after the date of the original inspection, not
including the date the original inspection is made, at the same
inspection station after the adjustment, correction, or repair is
made.
[(b) A vehicle that is inspected and is subsequently
involved in an accident affecting the safe operation of an item of
inspection must be reinspected following repair. The reinspection
must be at an inspection station and shall be treated and charged as
an initial inspection.]
SECTION 17. Section 548.105, Transportation Code, is
transferred to Subchapter E, Chapter 548, Transportation Code, and
redesignated as Section 548.2521, Transportation Code, to read as
follows:
Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL
RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE
INSPECTION REPORT. (a) An inspection station or inspector may not
issue a passing vehicle inspection report for a vehicle unless the
owner or operator furnishes evidence of financial responsibility at
the time of inspection. Evidence of financial responsibility may
be shown in the manner specified under Section 601.053(a). A
personal automobile insurance policy used as evidence of financial
responsibility must be written for a term of 30 days or more as
required by Section 1952.054, Insurance Code.
(b) An inspection station is not liable to a person,
including a third party, for issuing a passing vehicle inspection
report in reliance on evidence of financial responsibility
furnished to the station. An inspection station that is the seller
of a motor vehicle may rely on an oral insurance binder.
SECTION 18. Section 548.201, Transportation Code, is
amended to read as follows:
Sec. 548.201. COMMERCIAL MOTOR VEHICLE INSPECTION PROGRAM.
[(a)] The commission may [shall] establish an inspection program
for commercial motor vehicles only if necessary to comply with
[that:
[(1) meets] the requirements of federal motor carrier
safety regulations[; and
[(2) requires a commercial motor vehicle registered in
this state to pass an annual inspection of all safety equipment
required by the federal motor carrier safety regulations].
[(b) A program under this section also applies to any:
[(1) vehicle or combination of vehicles with a gross
weight rating of more than 10,000 pounds that is operated in
interstate commerce and registered in this state;
[(2) school activity bus, as defined in Section
541.201, that has a gross weight, registered weight, or gross
weight rating of more than 26,000 pounds, or is designed to
transport more than 15 passengers, including the driver; and
[(3) school bus that will operate at a speed
authorized by Section 545.352(b)(5)(A).]
SECTION 19. Subchapter E, Chapter 548, Transportation Code,
is amended by adding Section 548.257 to read as follows:
Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED
ENFORCEMENT. The commission shall require a vehicle required to be
inspected under this chapter to pass the required inspection:
(1) not earlier than 90 days before the date of
expiration of the vehicle's registration; or
(2) 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.
SECTION 20. 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 inspection fee for a vehicle
inspected under Section 548.301(a) in addition to a fee adopted
under Section 382.202, Health and Safety Code [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) A fee described by Subsection (a) must be collected as
provided by Section 502.361. [The department may provide a maximum
fee for an inspection under this subchapter. The department may not
set a minimum fee for an inspection under this subchapter.]
SECTION 21. Section 548.603(a), Transportation Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) presents to an official of this state or a
political subdivision of this state a vehicle inspection report or
insurance document knowing that the report or document is
counterfeit, tampered with, altered, fictitious, issued for
another vehicle, issued for a vehicle failing to meet all emissions
inspection requirements, or issued in violation of:
(A) this chapter, rules adopted under this
chapter, or other law of this state; or
(B) a law of another state, the United States,
the United Mexican States, a state of the United Mexican States,
Canada, or a province of Canada; or
(2) [with intent to circumvent the emissions
inspection requirements seeks an inspection of a vehicle at a
station not certified to perform an emissions inspection if the
person knows that the vehicle is required to be inspected under
Section 548.301; or
[(3)] knowingly does not comply with an emissions
inspection requirement for a vehicle.
SECTION 22. Section 548.604(a), Transportation Code, is
amended to read as follows:
(a) A person commits an offense if the person operates or
moves a motor vehicle, trailer, semitrailer, pole trailer, or
mobile home, or a combination of those vehicles, that is[:
[(1)] equipped in violation of this chapter or a rule
adopted under this chapter[; or
[(2) in a mechanical condition that endangers a person,
including the operator or an occupant, or property].
SECTION 23. The following provisions of the Transportation
Code are repealed:
(1) the heading to Subchapter B, Chapter 548;
(2) Section 548.051;
(3) the heading to Subchapter C, Chapter 548;
(4) Sections 548.101, 548.102, 548.103, and 548.104;
(5) Sections 548.202 and 548.203;
(6) Sections 548.301(d) and 548.3045(b); and
(7) Sections 548.501, 548.502, 548.503, 548.504,
548.5055, 548.508, and 548.509.
SECTION 24. Not later than March 1, 2019, the Department of
Public Safety shall submit to the lieutenant governor and the
speaker of the house of representatives a report on changes in the
department's expenses and income that result from implementing the
changes in law required by this Act, including the increase or
decrease, if any, of the number of full-time equivalent employees
needed to administer Chapters 547 and 548, Transportation Code,
between September 1, 2017, and the date the report is prepared.
SECTION 25. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 26. This Act takes effect March 1, 2018.