88(R) HB 3297 - Enrolled version - Bill Text
 
 
  H.B.  No.  3297
 
 
 
 
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

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 (Transportation Code 548, Transportation Code 502, Transportation Code 731, Transportation Code 547, Transportation Code 152, Health and Safety Code 548, Health and Safety Code 382)
House Committee Report: 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 (Transportation Code 548, Transportation Code 502, Transportation Code 731, Transportation Code 547, Transportation Code 152, Health and Safety Code 548, Health and Safety Code 382)
Engrossed: 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, Tra