Bill Text: TX SB1350 | 2013-2014 | 83rd Legislature | Engrossed

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Bill Title: Relating to the motor vehicle inspection program; creating an offense; changing the collection method for certain fees.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2013-05-15 - Committee report sent to Calendars [SB1350 Detail]

Download: Texas-2013-SB1350-Engrossed.html

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By: West S.B. No. 1350

A BILL TO BE ENTITLED
AN ACT
relating to the motor vehicle inspection program; creating an
offense; changing the collection method for certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.003, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.003. DEFINITION FOR CERTAIN PROSECUTIONS. For
purposes of dismissing a charge under Section 502.407 [or 548.605],
Transportation Code, "day" does not include Saturday, Sunday, or a
legal holiday.
SECTION 2. Subsection (d), Section 51.207, Education Code,
is amended to read as follows:
(d) This subsection applies only to a public institution of
higher education campus that is not covered by Subsection (b). The
institution may not issue a permit to a student of the institution
for driving or parking a motor vehicle on institutional property
unless the institution provides written notice to the student that
failure to register the vehicle in this state [or to display a
current and appropriate inspection certificate issued under
Chapter 548, Transportation Code,] may violate state law if the
owner of the vehicle resides in this state.
SECTION 3. Section 103.0213, Government Code, is amended to
read as follows:
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
party to a civil suit, as applicable, shall pay the following fees
and costs under the Transportation Code if ordered by the court or
otherwise required:
(1) administrative fee on dismissal of charge of
driving with an expired motor vehicle registration (Sec. 502.407,
Transportation Code) . . . not to exceed $20;
(2) administrative fee on dismissal of charge of
driving with an expired driver's license (Sec. 521.026,
Transportation Code) . . . not to exceed $20;
(3) [administrative fee on remediation of charge of
driving with an expired inspection certificate (Sec. 548.605,
Transportation Code) . . . not to exceed $20;
[(4)] administrative fee for failure to appear for a
complaint or citation on certain offenses (Sec. 706.006,
Transportation Code) . . . $30 for each violation; and
(4) [(5)] administrative fee for failure to pay or
satisfy certain judgments (Sec. 706.006, Transportation Code)
. . . $30.
SECTION 4. Subsection (a), Section 382.0622, 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 of each fee [advance payment] collected for
inspections of [by the Department of Public Safety for inspection
certificates for] vehicles other than mopeds under Section 548.501,
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 5. Subsections (d) and (l), Section 382.202, Health
and Safety Code, are 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 [safety] inspection report [certificate] 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.
(l) Except as provided by this subsection, a person who
sells or transfers ownership of a motor vehicle for which a passing
vehicle [emissions] inspection report [certificate] has been
issued is not liable for the cost of emission control system repairs
that are required for the vehicle subsequently to receive a passing
report [an emissions inspection certificate]. This subsection does
not apply to repairs that are required because emission control
equipment or devices on the vehicle were removed or tampered with
before the sale or transfer of the vehicle.
SECTION 6. Subsection (d), Section 382.205, Health and
Safety Code, is amended to read as follows:
(d) The Department of Public Safety of the State of Texas by
rule shall adopt:
(1) testing procedures in accordance with motor
vehicle emissions testing equipment specifications; and
(2) procedures for issuing a vehicle [or denying an
emissions] inspection report following an emissions inspection and
submitting information to the inspection database described by
Section 548.251, Transportation Code, following an emissions
inspection [certificate].
SECTION 7. Subsections (b) and (d), Section 382.220, Health
and Safety Code, are amended to read as follows:
(b) A program under this section must be implemented in
consultation with the commission and may include a program to:
(1) expand and enhance the AirCheck Texas Repair and
Replacement Assistance Program;
(2) develop and implement programs or systems that
remotely determine vehicle emissions and notify the vehicle's
operator;
(3) develop and implement projects to implement the
commission's smoking vehicle program;
(4) develop and implement projects in consultation
with the director of the Department of Public Safety for
coordinating with local law enforcement officials to reduce the use
of counterfeit registration insignia and vehicle inspection
reports [state inspection stickers] by providing local law
enforcement officials with funds to identify vehicles with
counterfeit registration insignia and vehicle inspection reports
[state inspection stickers] and to carry out appropriate actions;
(5) develop and implement programs to enhance
transportation system improvements; or
(6) develop and implement new air control strategies
designed to assist local areas in complying with state and federal
air quality rules and regulations.
(d) Fees collected under Sections 382.202 and 382.302 may be
used, in an amount not to exceed $5 million per fiscal year, for
projects described by Subsection (b). The fees shall be made
available only to counties participating in the low-income vehicle
repair assistance, retrofit, and accelerated vehicle retirement
programs created under Section 382.209 and only on a matching
basis, whereby the commission provides money to a county in the same
amount that the county dedicates to a project authorized by
Subsection (b). The commission may reduce the match requirement
for a county that proposes to develop and implement independent
test facility fraud detection programs, including the use of remote
sensing technology for coordinating with law enforcement officials
to detect, prevent, and prosecute the use of counterfeit
registration insignia and vehicle inspection reports [state
inspection stickers].
SECTION 8. Subsections (d) and (e), Section 2308.253,
Occupations Code, are amended to read as follows:
(d) Except as provided by a contract described by Subsection
(e), a parking facility owner may not have a vehicle removed from
the parking facility merely because the vehicle does not display[:
[(1)] an unexpired license plate or registration
insignia issued for the vehicle under Chapter 502, Transportation
Code, or the vehicle registration law of another state or country[;
or
[(2) a valid vehicle inspection certificate issued
under Chapter 548, Transportation Code, or the vehicle inspection
law of another state or country].
(e) A contract provision providing for the removal from a
parking facility of a vehicle that does not display an unexpired
license plate or registration insignia [or a valid inspection
certificate] is valid only if the provision requires the owner or
operator of the vehicle to be given at least 10 days' written notice
that the vehicle will be towed from the facility at the vehicle
owner's or operator's expense if it is not removed from the parking
facility. The notice must be:
(1) delivered in person to the owner or operator of the
vehicle; or
(2) sent by certified mail, return receipt requested,
to that owner or operator.
SECTION 9. Subsection (a), Section 501.030, Transportation
Code, is amended to read as follows:
(a) Before a motor vehicle that was last registered or
titled in another state or country may be titled in this state, [the
applicant must furnish] the county assessor-collector shall verify
that the vehicle has passed the inspections required by Chapter
548, as indicated in the Department of Public Safety's inspection
database under Section 548.251 [with a verification form under
Section 548.256].
SECTION 10. The heading to Section 502.0023, Transportation
Code, is amended to read as follows:
Sec. 502.0023. [EXTENDED] REGISTRATION OF COMMERCIAL FLEET
VEHICLES.
SECTION 11. Subsections (a) and (b), Section 502.0023,
Transportation Code, are amended to read as follows:
(a) The [Notwithstanding Section 502.044(c), the]
department shall develop and implement a system of registration to
allow an owner of a commercial fleet to register the motor vehicles,
semitrailers, and trailers in the commercial fleet [for an extended
registration period of not less than one year or more than eight
years. The owner may select the number of years for registration
under this section within that range and register the commercial
fleet for that period. Payment for all registration fees for the
entire registration period selected is due at the time of
registration].
(b) A system of fleet [extended] registration under this
section must allow the owner of a commercial fleet to register:
(1) an entire commercial fleet in the county of the
owner's residence or principal place of business; or
(2) the motor vehicles in a commercial fleet that are
operated most regularly in the same county.
SECTION 12. Section 502.047, Transportation Code, is
amended to read as follows:
Sec. 502.047. REGISTRATION-BASED ENFORCEMENT OF MOTOR
VEHICLE [EMISSIONS] INSPECTION [AND MAINTENANCE] REQUIREMENTS.
(a) The department and the Department of Public Safety shall
ensure compliance with the motor vehicle inspection requirements
under Chapter 548, including compliance with the motor vehicle
emissions inspection and maintenance program under Subchapter F of
that chapter, through a vehicle registration-based enforcement
system [inspection sticker-based enforcement system except as
provided by this section or Section 548.3011. Subsections (b)-(e)
apply only if the United States Environmental Protection Agency
determines that the state has not demonstrated, as required by 40
C.F.R. Section 51.361, that sticker-based enforcement of the
program is more effective than registration-based enforcement and
gives the Texas Commission on Environmental Quality or the governor
written notification that the reregistration-based enforcement of
the program, as described by those subsections, will be required.
If Subsections (b)-(e) are made applicable as provided by this
subsection, the department shall terminate reregistration-based
enforcement of the program under those subsections on the date the
United States Environmental Protection Agency gives the Texas
Commission on Environmental Quality or a person the commission
designates written notification that reregistration-based
enforcement is not required for the state implementation plan].
(b) A motor vehicle may not be registered if the department
receives from the Texas Commission on Environmental Quality or the
Department of Public Safety notification that the registered owner
of the vehicle has not complied with [Subchapter F,] Chapter 548.
(c) A motor vehicle may not be registered if the vehicle was
denied registration under Subsection (b) unless verification is
received that the registered vehicle owner is in compliance with
[Subchapter F,] Chapter 548.
(d) The department and the Department of Public Safety shall
enter into an agreement regarding the timely submission by the
Department of Public Safety of inspection compliance information to
the department.
(d-1) The department, the Texas Commission on Environmental
Quality, and the Department of Public Safety shall enter an
agreement regarding the responsibilities for costs associated with
implementing this section.
(e) A county tax assessor-collector is not liable to any
person for refusing to register a motor vehicle because of the
person's failure to provide verification of the person's compliance
with [Subchapter F,] Chapter 548.
SECTION 13. Subsection (c), Section 502.059,
Transportation Code, is amended to read as follows:
(c) Except as provided by Subsection (f), the registration
insignia for validation of a license plate shall be attached to the
inside of the vehicle's windshield, if the vehicle has a
windshield, in the lower left corner in a manner that will not
obstruct the vision of the driver [within six inches of the place
where the motor vehicle inspection sticker is required to be
placed]. If the vehicle does not have a windshield, the owner, when
applying for registration or renewal of registration, shall notify
the department, and the department shall issue a distinctive device
for attachment to the rear license plate of the vehicle.
SECTION 14. The heading to Section 521.3465, Transportation
Code, is amended to read as follows:
Sec. 521.3465. AUTOMATIC SUSPENSION ON CONVICTION OF
CERTAIN OFFENSES INVOLVING FICTITIOUS MOTOR VEHICLE LICENSE
PLATES, REGISTRATION INSIGNIA, OR VEHICLE [SAFETY] INSPECTION
REPORTS [CERTIFICATES].
SECTION 15. Subsection (a), Section 521.3465,
Transportation Code, is amended to read as follows:
(a) A license is automatically suspended on final
conviction of the license holder of:
(1) an offense under Section 502.475(a)(4)
[502.409(a)(4)]; or
(2) an offense under Section 548.603(a)(1) that
involves a fictitious vehicle [safety] inspection report
[certificate].
SECTION 16. Subsection (a), Section 521.3466,
Transportation Code, is amended to read as follows:
(a) A license is automatically revoked on final conviction
of the license holder of an offense under Section 37.10, Penal Code,
if the governmental record was a motor vehicle license plate or
registration insignia, within the meaning of Chapter 502, or a
vehicle [safety] inspection report [certificate], within the
meaning of Chapter 548.
SECTION 17. Section 548.001, Transportation Code, is
amended by adding Subdivision (10) 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 the safety and, if
applicable, emissions inspections required by this chapter.
SECTION 18. Subsection (c), Section 548.004,
Transportation Code, is amended to read as follows:
(c) The facility may inspect only a vehicle owned by the
political subdivision or state agency. [An officer, employee, or
inspector of the subdivision or agency may not place an inspection
certificate received from the department under this section on a
vehicle not owned by the subdivision or agency.]
SECTION 19. Subsection (a), Section 548.053,
Transportation Code, is amended to read as follows:
(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 [an
inspection certificate] 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.
SECTION 20. The heading to Subchapter C, Chapter 548,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. PERIODS OF INSPECTION; PREREQUISITES TO ISSUANCE OF
PASSING VEHICLE INSPECTION REPORT [CERTIFICATE]
SECTION 21. Section 548.101, Transportation Code, is
amended to read as follows:
Sec. 548.101.
The rules must provide
that a vehicle owner may obtain an inspection not earlier than 90
days before the date of expiration of the vehicle's registration.
SECTION 22. Section 548.103, Transportation Code, is
amended to read as follows:
Sec. 548.103. EXTENDED INSPECTION PERIOD FOR CERTAIN
VEHICLES. The department may extend the time within which the
resident owner of a vehicle that is not in this state when an
inspection is required must obtain a vehicle [an] inspection report
[certificate] in this state.
SECTION 23. Section 548.104, Transportation Code, is
amended to read as follows:
Sec. 548.104. EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE
OF PASSING VEHICLE INSPECTION REPORT [CERTIFICATE]. (a) The
commission shall adopt uniform standards of safety applicable to
each item required to be inspected by Section 548.051. The
standards and the list of items to be inspected shall be posted in
each inspection station.
(b) An inspection station or inspector may issue a passing
vehicle [an] inspection report [certificate] only if the vehicle is
inspected and found to be in proper and safe condition and to comply
with this chapter and the rules adopted under this chapter.
(c) An inspection station or inspector may inspect only the
equipment required to be inspected by Section 548.051 and may not:
(1) falsely and fraudulently represent to an applicant
that equipment required to be inspected must be repaired, adjusted,
or replaced before the vehicle will pass inspection; or
(2) require an applicant to have another part of the
vehicle or other equipment inspected as a prerequisite for issuance
of a passing vehicle [an] inspection report [certificate].
(d) An inspection station or inspector may not issue a
passing vehicle [an] inspection report [certificate] for a vehicle
equipped with:
(1) a carburetion device permitting the use of
liquefied gas alone or interchangeably with another fuel, unless a
valid liquefied gas tax decal issued by the comptroller is attached
to the lower right-hand corner of the front windshield of the
vehicle on the passenger side; or
(2) a sunscreening device prohibited by Section
547.613, except that the department by rule shall provide
procedures for issuance of a passing vehicle [an] inspection report
[certificate] for a vehicle exempt under Section 547.613(c).
(e) The department shall adopt rules relating to inspection
of and issuance of a vehicle [an] inspection report [certificate]
for a moped.
SECTION 24. Section 548.105, Transportation Code, is
amended to read as follows:
Sec. 548.105. EVIDENCE OF FINANCIAL RESPONSIBILITY AS
PREREQUISITE TO ISSUANCE OF PASSING VEHICLE INSPECTION REPORT
[CERTIFICATE]. (a) An inspection station or inspector may not
issue a passing vehicle [an] inspection report [certificate] 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 [Article 5.06],
Insurance Code.
(b) An inspection station is not liable to a person,
including a third party, for issuing a passing vehicle [an]
inspection report [certificate] 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 25. The heading to Subchapter E, Chapter 548,
Transportation Code, is amended to read as follows:
SUBCHAPTER E. ISSUANCE[, RECORDING, AND PROOF] OF VEHICLE
INSPECTION REPORTS; SUBMISSION OF INFORMATION TO DEPARTMENT
DATABASE [CERTIFICATES AND VERIFICATION FORMS]
SECTION 26. Section 548.251, Transportation Code, is
amended to read as follows:
Sec. 548.251. DEPARTMENT TO MAINTAIN DATABASE [PROVIDE
INSPECTION CERTIFICATES AND VERIFICATION FORMS]. The department
shall maintain an electronic database to which inspection stations
may electronically submit the information required by Section
548.253 [provide serially numbered inspection certificates and
verification forms to inspection stations. The department may
issue a unique inspection certificate for:
[(1) a commercial motor vehicle inspected under
Section 548.201; or
[(2) a vehicle inspected under Subchapter F].
SECTION 27. Section 548.252, Transportation Code, is
amended to read as follows:
Sec. 548.252. ISSUANCE [SAFEKEEPING AND CONTROL] OF VEHICLE
INSPECTION REPORTS [CERTIFICATES AND VERIFICATION FORMS].
(a) The department by rule shall require an inspection station to:
(1) issue a vehicle inspection report to the owner or
operator of each vehicle inspected by the station; and
(2) issue a passing vehicle inspection report to the
owner or operator of each vehicle inspected by the station that
passes the inspections required by this chapter.
(b) The department may adopt rules regarding the issuance of
vehicle inspection reports, including rules providing for [On being
licensed, an inspector or owner of an inspection station shall:
[(1) provide for] the format and safekeeping of the
reports [inspection certificates and verification forms;
[(2) safeguard the certificates and forms against
theft, loss, or damage;
[(3) control the sequence of issuance of the
certificates and forms; and
[(4) ensure that the certificates and forms are issued
in accordance with department rules].
SECTION 28. Section 548.253, Transportation Code, is
amended to read as follows:
Sec. 548.253. INFORMATION TO BE SUBMITTED [RECORDED] ON
COMPLETION [ISSUANCE] OF INSPECTION [CERTIFICATE AND VERIFICATION
FORM]. An inspection station or inspector, on completion of
[issuing] an inspection [certificate and verification form], shall
electronically submit to the department's inspection database:
(1) the vehicle identification number of the inspected
vehicle and an indication of whether the vehicle passed the
inspections required by this chapter [make a record and report as
prescribed by the department of the inspection and certificate
issued]; and
(2) any additional [include in the inspection
certificate and verification form the] information required by rule
by the department for the type of vehicle inspected.
SECTION 29. Section 548.254, Transportation Code, is
amended to read as follows:
Sec. 548.254. VALIDITY OF VEHICLE INSPECTION REPORT
[CERTIFICATE]. A vehicle [An] inspection report [certificate] is
invalid after the end of the 12th month following the month in which
the report [certificate] is issued. [An unused inspection
certificate representing a previous inspection period may not be
issued after the beginning of the next period.]
SECTION 30. Section 548.256, Transportation Code, is
amended to read as follows:
Sec. 548.256. PROOF OF INSPECTION [VERIFICATION FORM]
REQUIRED TO REGISTER VEHICLE. [(a)] Before a vehicle [that is
brought into this state by a person other than a manufacturer or
importer] may be registered, the Texas Department of Motor Vehicles
or the county assessor-collector registering the vehicle shall
verify that the vehicle has passed the inspections required by this
chapter, as indicated in the department's inspection database. If
the database information is not available, the owner of the vehicle
may present a vehicle inspection report issued for the vehicle[,
the owner must have the vehicle inspected and have the inspection
station record the following information on a verification form
prescribed and provided by the department:
[(1) the vehicle identification number;
[(2) the number appearing on the odometer of the
vehicle at the time of the inspection, if the vehicle has an
odometer; and
[(3) other information the department requires].
[(b) An inspection station may not issue the verification
form unless the vehicle complies with the inspection requirements
of this chapter.]
SECTION 31. Subsection (b), Section 548.258,
Transportation Code, is amended to read as follows:
(b) The department may adopt rules to require an inspection
station to use the state electronic Internet portal to[:
[(1) purchase inspection certificates; or
[(2)] send to the department a record, report, or
other information required by the department.
SECTION 32. Subsection (c), Section 548.301,
Transportation Code, is amended to read as follows:
(c) A program established under this section must
[Subsection (b) or (b-1) may] include registration and
reregistration-based enforcement.
SECTION 33. Section 548.302, Transportation Code, is
amended to read as follows:
Sec. 548.302. COMMISSION TO ADOPT STANDARDS AND
REQUIREMENTS. The commission shall:
(1) adopt standards for emissions-related inspection
criteria consistent with requirements of the United States and the
conservation commission applicable to a county in which a program
is established under this subchapter; and
(2) develop and impose requirements necessary to
ensure that a passing vehicle [an] inspection report [certificate]
is not issued to a vehicle subject to a program established under
this subchapter and that information stating that a vehicle has
passed an inspection is not submitted to the department's database
unless the vehicle has passed a motor vehicle emissions inspection
at a facility authorized and certified by the department.
SECTION 34. Section 548.304, Transportation Code, is
amended to read as follows:
Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS
INSPECTIONS. [(a)] The department may authorize and certify
inspection stations as necessary to implement the
emissions-related inspection requirements of the motor vehicle
emissions inspection and maintenance program established under
this subchapter if the station meets the department's certification
requirements.
[(b) The department shall provide inspection certificates
for distribution and issuance at inspection stations certified by
the department.]
SECTION 35. Section 548.401, Transportation Code, is
amended to read as follows:
Sec. 548.401. CERTIFICATION GENERALLY. A person may
perform an inspection, [or] issue a vehicle [an] inspection report,
or submit inspection information to the department's inspection
database [certificate] only if certified to do so by the department
under rules adopted by the department.
SECTION 36. Subsection (d), Section 548.407,
Transportation Code, is amended to read as follows:
(d) The department may provide that a revocation or
suspension takes effect on receipt of notice under Subsection (b)
if the department finds that the action is necessary to prevent or
remedy a threat to public health, safety, or welfare. Violations
that present a threat to public health, safety, or welfare include:
(1) issuing a passing vehicle [an] inspection report
or submitting inspection information to the department's database
[certificate] with knowledge that the issuance or submission is in
violation of this chapter or rules adopted under this chapter;
(2) falsely or fraudulently representing to the owner
or operator of a vehicle that equipment inspected or required to be
inspected must be repaired, adjusted, or replaced for the vehicle
to pass an inspection;
(3) issuing a vehicle [an] inspection report or
submitting inspection information to the department's database
[certificate]:
(A) without authorization to issue the report or
submit the information [certificate]; or
(B) without inspecting the vehicle;
(4) issuing a passing vehicle [an] inspection report
or submitting inspection information to the department's database
[certificate] for a vehicle with knowledge that the vehicle has not
been repaired, adjusted, or corrected after an inspection has shown
a repair, adjustment, or correction to be necessary;
(5) knowingly issuing a passing vehicle [an]
inspection report or submitting inspection information to the
department's database [certificate]:
(A) for a vehicle without conducting an
inspection of each item required to be inspected; or
(B) for a vehicle that is missing an item
required to be inspected or that has an item required to be
inspected that is not in compliance with state law or department
rules;
(6) refusing to allow a vehicle's owner to have a
qualified person of the owner's choice make a required repair,
adjustment, or correction;
(7) charging for an inspection an amount greater than
the authorized fee;
(8) a violation of Subchapter F;
(9) a violation of Section 548.603; or
(10) a conviction of a felony or a Class A or B
misdemeanor that directly relates to or affects the duties or
responsibilities of a vehicle inspection station or inspector or a
conviction of a similar crime under the jurisdiction of another
state or the federal government.
SECTION 37. Section 548.501, Transportation Code, is
amended to read as follows:
Sec. 548.501. INSPECTION FEES GENERALLY. (a) Except as
provided by Sections 548.503 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. [The fee for a verification form
issued as required by Section 548.256 is $1.]
(b) Out of each fee for an inspection, $5.50 shall be
remitted to the state under Section 548.509. [An inspection
station shall pay to the department $5.50 of each fee for an
inspection. The department may require the station to make an
advance payment of $5.50 for each inspection certificate provided
to the station. If advance payment is made:
[(1) no further payment may be required on issuance of
a certificate;
[(2) the inspection station may waive the fee due from
the owner of an inspected vehicle who is issued a certificate to
which the advance payment applies;
[(3) the department shall refund to the inspection
station $5.50 for each unissued certificate that the station
returns to the department in accordance with department rules; and
[(4) the conservation commission shall pay to the
department $2 for each unissued certificate that the station
returns to the department.]
SECTION 38. 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 [department an advance
payment of] $5.50 for each inspection under Section 548.509
[certificate provided to it]; and
(2) may not be required to pay the remainder of the
[compulsory] inspection fee.
SECTION 39. Section 548.503, Transportation Code, is
amended to read as follows:
Sec. 548.503. INITIAL 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
[producing certificates,] providing inspections[,] and
administering the program, but may not be less than $21.75.
(b) Out of each fee for an inspection under this section,
$14.75 shall be remitted to the state under Section 548.509. [The
department shall require an inspection station to make an advance
payment of $14.75 for a certificate to be issued under this section.
Additional payment may not be required of the station for the
certificate. The inspection station may waive the fee due from the
owner of the vehicle inspected. A refund for an unissued
certificate shall be made in the same manner as provided for other
certificate refunds.]
SECTION 40. Subsection (b), Section 548.504,
Transportation Code, is amended to read as follows:
(b) Out of each fee for inspection of a commercial motor
vehicle, $10 shall be remitted to the state under Section 548.509.
[The inspection station shall pay to the department $10 of each fee
for inspection of a commercial motor vehicle. The department may
require the station to make an advance payment of $10 for a
certificate to be issued under this section. If advance payment is
made:
[(1) no additional payment may be required of the
station for the certificate; and
[(2) a refund for an unissued certificate shall be
made in the same manner as provided for other certificate refunds.]
SECTION 41. Subsection (a), Section 548.505,
Transportation Code, is amended to read as follows:
(a) The department by rule may impose an 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) [producing certificates;
[(2)] providing inspections; and
(2) [(3)] administering the program.
SECTION 42. 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 Section
548.5055, each fee remitted to the comptroller [collected by the
department] under this subchapter shall be deposited to the credit
of the Texas mobility fund.
SECTION 43. Subchapter H, Chapter 548, Transportation Code,
is amended by adding Section 548.509 to read as follows:
Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. 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 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. The Texas Department of Motor Vehicles or
the county assessor-collector shall remit the fee to the
comptroller.
SECTION 44. Subsection (a), Section 548.601,
Transportation Code, is amended to read as follows:
(a) A person, including an inspector or an inspection
station, commits an offense if the person:
(1) submits information to the department's inspection
database or issues a vehicle inspection report [an inspection
certificate] with knowledge that the submission or issuance is in
violation of this chapter or rules adopted under this chapter;
(2) falsely or fraudulently represents to the owner or
operator of a vehicle that equipment inspected or required to be
inspected must be repaired, adjusted, or replaced for the vehicle
to pass an inspection;
(3) misrepresents:
(A) material information in an application in
violation of Section 548.402 or 548.403; or
(B) information filed with the department under
this chapter or as required by department rule;
(4) submits information to the department's inspection
database or issues a vehicle inspection report [an inspection
certificate]:
(A) without authorization to issue the report or
submit the information [certificate]; or
(B) without inspecting the vehicle;
(5) submits information to the department's inspection
database indicating that a vehicle has passed the applicable
inspections or issues a passing vehicle [an] inspection report
[certificate] for a vehicle with knowledge that the vehicle has not
been repaired, adjusted, or corrected after an inspection has shown
a repair, adjustment, or correction to be necessary;
(6) knowingly submits information to the department's
inspection database or issues a vehicle inspection report [an
inspection certificate]:
(A) for a vehicle without conducting an
inspection of each item required to be inspected; or
(B) for a vehicle that is missing an item
required to be inspected or that has an item required to be
inspected that is not in compliance with state law or department
rules;
(7) refuses to allow a vehicle's owner to have a
qualified person of the owner's choice make a required repair,
adjustment, or correction;
(8) charges for an inspection an amount greater than
the authorized fee; or
(9) performs an act prohibited by or fails to perform
an act required by this chapter or a rule adopted under this
chapter.
SECTION 45. Subsections (a), (b), and (c), Section 548.603,
Transportation Code, are 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
[displays or causes or permits to be displayed an inspection
certificate] or insurance document knowing that the report
[certificate] 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;
(2) [transfers an inspection certificate from a
windshield or location to another windshield or location;
[(3)] 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) [(4)] knowingly does not comply with an emissions
inspection requirement for a vehicle[; or
[(5) displays on a vehicle an inspection certificate
that was obtained knowing that the vehicle does not meet all
emissions inspection requirements for the vehicle].
(b) A person commits an offense if the person:
(1) makes or possesses, with the intent to sell,
circulate, or pass, a counterfeit vehicle inspection report
[certificate] or insurance document; or
(2) possesses any part of a stamp, dye, plate,
negative, machine, or other device that is used or designated for
use in making a counterfeit vehicle inspection report [certificate]
or insurance document.
(c) The owner of a vehicle commits an offense if the owner
knowingly allows the vehicle to be registered using a vehicle
inspection report [or operated while the vehicle displays an
inspection certificate] in violation of Subsection (a).
SECTION 46. Subsection (f), Section 548.603,
Transportation Code, as added by Chapter 851 (H.B. 1048), Acts of
the 75th Legislature, Regular Session, 1997, is amended to read as
follows:
(f) Notwithstanding Subsection (c), an offense under
Subsection (a)(1) that involves a fictitious vehicle inspection
report [certificate] is a Class B misdemeanor.
SECTION 47. Subsection (a), Section 548.6035,
Transportation Code, is amended to read as follows:
(a) A person commits an offense if, in connection with a
required emissions inspection of a motor vehicle, the person
knowingly:
(1) submits information to the department's inspection
database stating that a vehicle has passed the applicable
inspections or issues a passing vehicle inspection report [places
or causes to be placed on a motor vehicle an inspection
certificate], if:
(A) the vehicle does not meet the emissions
requirements established by the department; or
(B) the person has not inspected the vehicle;
(2) manipulates an emissions test result;
(3) uses or causes to be used emissions data from
another motor vehicle as a substitute for the motor vehicle being
inspected; or
(4) bypasses or circumvents a fuel cap test.
SECTION 48. Subsection (d), Section 623.011,
Transportation Code, is amended to read as follows:
(d) When the department issues a permit under this section,
the department shall issue a sticker to be placed on the front
windshield of the vehicle [above the inspection certificate issued
to the vehicle]. The department shall design the form of the
sticker to aid in the enforcement of weight limits for vehicles.
SECTION 49. Section 683.051, Transportation Code, is
amended to read as follows:
Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF
CERTAIN MOTOR VEHICLES. A person may apply to the department for
authority:
(1) to sell, give away, or dispose of a motor vehicle
to a motor vehicle demolisher if:
(A) the person owns the motor vehicle and the
certificate of title to the vehicle is lost, destroyed, or faulty;
or
(B) the vehicle is an abandoned motor vehicle and
is:
(i) in the possession of the person; or
(ii) located on property owned by the
person; or
(2) to dispose of a motor vehicle to a motor vehicle
demolisher for demolition, wrecking, or dismantling if:
(A) the abandoned motor vehicle:
(i) is in the possession of the person;
(ii) is more than eight years old;
(iii) either has no motor or is otherwise
totally inoperable or does not comply with all applicable air
pollution emissions control related requirements included in[:
(aa) the vehicle inspection requirements under Chapter 548, as
evidenced by a current inspection certificate affixed to the
vehicle windshield; or (bb)] the vehicle emissions inspection and
maintenance requirements contained in the Public Safety
Commission's motor vehicle emissions inspection and maintenance
program under Subchapter F, Chapter 548, or the state's air quality
state implementation plan; and
(iv) was authorized to be towed by a law
enforcement agency; and
(B) the law enforcement agency approves the
application.
SECTION 50. Section 683.071, Transportation Code, as
amended by Chapters 720 (H.B. 787) and 753 (H.B. 1376), Acts of the
82nd Legislature, Regular Session, 2011, is reenacted and amended
to read as follows:
Sec. 683.071. DEFINITION AND APPLICABILITY. (a) In this
subchapter, "junked vehicle" means a vehicle that:
(1) is self-propelled; and
(2) is:
(A) wrecked, dismantled or partially dismantled,
or discarded; or
(B) inoperable and has remained inoperable for
more than:
(i) 72 consecutive hours, if the vehicle is
on public property; or
(ii) 30 consecutive days, if the vehicle is
on private property.
(b) For purposes of this subchapter, "junked vehicle"
includes a motor vehicle, aircraft, or watercraft. This subchapter
applies only to:
(1) a motor vehicle that displays an expired license
plate [or invalid motor vehicle inspection certificate] or does not
display a license plate [or motor vehicle inspection certificate];
(2) an aircraft that does not have lawfully printed on
the aircraft an unexpired federal aircraft identification number
registered under Federal Aviation Administration aircraft
registration regulations in 14 C.F.R. Part 47; or
(3) a watercraft that:
(A) does not have lawfully on board an unexpired
certificate of number; and
(B) is not a watercraft described by Section
31.055, Parks and Wildlife Code.
SECTION 51. The following statutes are repealed:
(1) Subsection (c), Section 548.053, Transportation
Code;
(2) Section 548.255, Transportation Code;
(3) Section 548.257, Transportation Code;
(4) Section 548.602, Transportation Code;
(5) Subdivision (2), Subsection (e), Section 548.603,
Transportation Code;
(6) Subsection (f), Section 548.603, Transportation
Code, as added by Chapter 1069 (S.B. 1856), Acts of the 75th
Legislature, Regular Session, 1997; and
(7) Section 548.605, Transportation Code.
SECTION 52. Article 45.003, Code of Criminal Procedure,
Section 103.0213, Government Code, and Sections 521.3465,
521.3466, 548.601, 548.603, and 548.6035, Transportation Code, as
amended by this Act, and the repeal by this Act of Sections 548.602
and 548.605, Transportation Code, apply only to an offense
committed on or after March 1, 2015. An offense committed before
March 1, 2015, 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 March 1, 2015, if any element of the offense
occurred before that date.
SECTION 53. (a) Not later than March 1, 2014, the Texas
Department of Motor Vehicles, the Department of Public Safety of
the State of Texas, and the Texas Commission on Environmental
Quality shall adopt rules necessary to implement the changes in law
made by this Act.
(b) Not later than March 1, 2014, the Department of Public
Safety shall create the database described by Section 548.251,
Transportation Code, as amended by this Act, and require inspection
stations to submit to the database the information required by
Section 548.253, Transportation Code, as amended by this Act.
SECTION 54. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 55. (a) Except as otherwise provided by Subsection
(b) of this section, this Act takes effect March 1, 2015.
(b) Section 53 of this Act takes effect September 1, 2013.