H.B. No. 5033 proposes to amend the Health and Safety Code by adding Section 382.2025, which grants the Texas Commission and the Department of Public Safety the authority to refrain from implementing or enforcing any provisions related to motor vehicle emissions inspections as outlined in the existing subchapter or under Chapter 548 of the Transportation Code. This change is significant as it allows the state to bypass federal requirements for emissions inspections, contingent upon specific conditions being met.

The bill stipulates that it will take effect on September 1, 2025, unless certain federal legislative actions occur first. Specifically, it will activate if Congress repeals or amends the federal Clean Air Act in a manner that eliminates the requirement for emissions inspections, or if an amendment to the U.S. Constitution is adopted that grants states the authority to regulate vehicle emissions independently. If neither of these conditions is met, the new provisions will have no effect.

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