88R7045 BEE-F
	By: Middleton	S.B. No. 1708

Statutes affected:
Introduced: Health and Safety Code 382.0622, Health and Safety Code 382.202, Health and Safety Code 548.509, Transportation Code 502.0024, Transportation Code 502.0025, Transportation Code 502.047, Transportation Code 502.092, Transportation Code 502.094, Transportation Code 502.146, Transportation Code 547.601, Transportation Code 548.001, Transportation Code 548.006, Transportation Code 548.203, Transportation Code 548.505, Transportation Code 548.508, Transportation Code 548.509, Transportation Code 548.510, Transportation Code 152.092, Transportation Code 548.604, Transportation Code 731.101 (Health and Safety Code 548, Transportation Code 547, Transportation Code 731, Transportation Code 548, Transportation Code 502, Transportation Code 152, Health and Safety Code 382)

	A BILL TO BE ENTITLED
	AN ACT
	relating to the elimination of regular mandatory vehicle safety
	inspections for noncommercial vehicles 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)  each amount described by Sections 548.510(d)(3)
	and (e)(3) [$2 from the portion of each fee collected for
	inspections of vehicles other than mopeds and remitted to the state
	under Sections 548.501 and 548.503], Transportation Code; 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 548.509, Transportation Code.
	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
	less 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 502.0024, Transportation Code, is
	amended to read as follows:
	Sec. 502.0024.  EXTENDED REGISTRATION OF CERTAIN TRAILERS
	[VEHICLES NOT SUBJECT TO INSPECTION].  (a)  Notwithstanding Section
	502.044(c), the department shall develop and implement a system of
	registration to allow an owner of a trailer, semitrailer, or pole
	trailer having an actual gross weight or registered gross weight of
	7,500 pounds or less [vehicle described by Section 548.052(3) other
	than a mobile home] to register the vehicle for an extended
	registration period of not more than five years. The owner may
	select the number of years for registration under this section
	within that range and register the vehicle for that period. Payment
	for all applicable fees, including any optional fee imposed under