88(R) HB 4420 - Introduced version - Bill Text
 
 
 
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