85R9892 JXC-F     By: Huffines, et al. S.B. No. 1588       A BILL TO BE ENTITLED   AN ACT   relating to the elimination of regular mandatory vehicle safety   inspections.          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)  [$2 from the portion of] each fee collected under   Section 502.360(c)(1) [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 502.361.          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   fewer 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 386.251(c), Health and Safety Code, is   amended to read as follows:          (c)  The fund consists of:                (1)  the amount of money deposited to the credit of the   fund under:                      (A)  Section 386.056;                      (B)  Sections 151.0515 and 152.0215, Tax Code; and                      (C)  Sections 501.138 and[,] 502.358[, and   548.5055], Transportation Code; and                (2)  grant money recaptured under Section 386.111(d)   and Chapter 391.          SECTION 5.  Section 502.092(c), Transportation Code, is   amended to read as follows:          (c)  A person may obtain a permit under this section by:                (1)  applying to the department in a manner prescribed   by the department;                (2)  paying a fee equal to 1/12 the registration fee   prescribed by this chapter for the vehicle;                (3)  furnishing satisfactory evidence that the motor   vehicle is insured under an insurance policy that complies with   Section 601.072 and that is written by:                      (A)  an insurance company or surety company   authorized to write motor vehicle liability insurance in this   state; or                      (B)  with the department's approval, a surplus   lines insurer that meets the requirements of Chapter 981, Insurance   Code, and rules adopted by the commissioner of insurance under that   chapter, if the applicant is unable to obtain insurance from an   insurer described by Paragraph (A); and                (4)  furnishing evidence that the vehicle has been   inspected if [as] required under Chapter 548.          SECTION 6.  Section 502.094(e), Transportation Code, is   amended to read as follows:          (e)  A vehicle issued a permit under this section is subject   to [Subchapters B and F,] Chapter 548, unless the vehicle:                (1)  is registered in another state of the United   States, in a province of Canada, or in a state of the United Mexican   States; or                (2)  is mobile drilling or servicing equipment used in   the production of gas, crude petroleum, or oil, including a mobile   crane or hoisting equipment, mobile lift equipment, forklift, or   tug.          SECTION 7.  Section 502.146(d), Transportation Code, is   amended to read as follows:          (d)  A vehicle described by Subsection (b) is exempt from the   inspection requirements of Subchapter [Subchapters B and] F,   Chapter 548.          SECTION 8.  Subchapter G, Chapter 502, Transportation Code,   is amended by adding Sections 502.360 and 502.361 to read as   follows:          Sec. 502.360.  FEES RELATED TO FORMER INSPECTION PROGRAM.   (a) In addition to other fees imposed at the time of registration   of a motor vehicle, at the time of application for registration or   renewal of registration of a motor vehicle, the applicant shall pay   a fee of:                (1)  $5.50 for each noncommercial motor vehicle; and                (2)  $10 for each commercial motor vehicle.          (b)  The department or the county tax assessor-collector, as   applicable, shall remit the fee collected under Subsection (a) to   the comptroller at the time and in the manner prescribed by the   comptroller.          (c)  Out of fees received under Subsection (a), the   comptroller shall deposit:                (1)  $1.50 of each fee to the credit of the clean air   account;                (2)  50 cents of each fee to the credit of the state   highway fund to be used only by the Department of Public Safety for   the mobile safety inspection program under Section 547.006; and                (3)  the remainder of each fee to the credit of the   Texas mobility fund.          Sec. 502.361.  COLLECTION OF EMISSIONS-RELATED INSPECTION   FEE. The department or a county tax assessor-collector, as   applicable, that registers a motor vehicle that is subject to an   emissions-related inspection fee under Section 382.202, Health and   Safety Code, or Section 548.505 of this code shall collect the fee   at the time of registration of the motor vehicle. The department or   county tax assessor-collector shall remit the fee to the   comptroller at the time and in the manner prescribed by the   comptroller.          SECTION 9.  Section 545.352(b), Transportation Code, is   amended to read as follows:          (b)  Unless a special hazard exists that requires a slower   speed for compliance with Section 545.351(b), the following speeds   are lawful:                (1)  30 miles per hour in an urban district on a street   other than an alley and 15 miles per hour in an alley;                (2)  except as provided by Subdivision (4), 70 miles   per hour on a highway numbered by this state or the United States   outside an urban district, including a farm-to-market or   ranch-to-market road;                (3)  except as provided by Subdivision (4), 60 miles   per hour on a highway that is outside an urban district and not a   highway numbered by this state or the United States;                (4)  outside an urban district:                      (A)  60 miles per hour if the vehicle is a school   bus that [has passed a commercial motor vehicle inspection under   Section 548.201 and] is on a highway numbered by the United States   or this state, including a farm-to-market road; or                      (B)  50 miles per hour if the vehicle is a school   bus that[:                            [(i)     has not passed a commercial motor   vehicle inspection under Section 548.201; or                            [(ii)]  is traveling on a highway not   numbered by the United States or this state;                (5)  on a beach, 15 miles per hour; or                (6)  on a county road adjacent to a public beach, 15   miles per hour, if declared by the commissioners court of the   county.          SECTION 10.  Subchapter A, Chapter 547, Transportation Code,   is amended by adding Section 547.006 to read as follows:          Sec. 547.006.  MOBILE SAFETY INSPECTION PROGRAM. The   department shall establish a program to employ, train, and equip   officers of the Texas Highway Patrol to detect moving motor   vehicles that are in violation of this chapter.          SECTION 11.  Section 547.601, Transportation Code, is   amended to read as follows:          Sec. 547.601.  SAFETY BELTS REQUIRED. A motor vehicle   [required by Chapter 548 to be inspected] shall be equipped with   front safety belts if safety belt anchorages were part of the   manufacturer's original equipment on the vehicle.          SECTION 12.  The heading to Chapter 548, Transportation   Code, is amended to read as follows:   CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES          SECTION 13.  Section 548.001(10), Transportation Code, is   amended 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 an [the safety and, if   applicable,] emissions inspection [inspections] required by this   chapter.          SECTION 14.  Section 548.006(b), Transportation Code, is   amended to read as follows:          (b)  The members of the commission shall appoint seven   members of the committee as follows:                (1)  four persons to represent inspection station   owners and operators[, with two of those persons from counties   conducting vehicle emissions testing under Subchapter F and two of   those persons from counties conducting safety only inspections];                (2)  one person to represent manufacturers of motor   vehicle emissions inspection devices;                (3)  one person to represent independent vehicle   equipment repair technicians; and                (4)  one person to represent the public interest.          SECTION 15.  Section 548.052, Transportation Code, is   transferred to Subchapter K, Chapter 547, Transportation Code,   redesignated as Section 547.6011, Transportation Code, and amended   to read as follows:          Sec. 547.6011 [548.052].  VEHICLES NOT REQUIRED TO BE   EQUIPPED WITH SAFETY BELTS [SUBJECT TO INSPECTION]. Section   547.601 [This chapter] does not apply to:                (1)  a trailer, semitrailer, pole trailer, or mobile   home moving under or bearing a current factory-delivery license   plate or current in-transit license plate;                (2)  a vehicle moving under or bearing a paper dealer   in-transit tag, machinery license, disaster license, parade   license, prorate tab, one-trip permit, vehicle temporary transit   permit, antique license, custom vehicle license, street rod   license, temporary 24-hour permit, or permit license;                (3)  a trailer, semitrailer, pole trailer, or mobile   home having an actual gross weight or registered gross weight of   4,500 pounds or less;                (4)  farm machinery, road-building equipment, a farm   trailer, or a vehicle required to display a slow-moving-vehicle   emblem under Section 547.703;                (5)  a former military vehicle, as defined by Section   504.502;                (6)  a vehicle qualified for a tax exemption under   Section 152.092, Tax Code; or                (7)  a vehicle for which a certificate of title has been   issued but that is not required to be registered.          SECTION 16.  Section 548.053, Transportation Code, is   transferred to Subchapter E, Chapter 548, Transportation Code,   redesignated as Section 548.255, Transportation Code, and amended   to read as follows:          Sec. 548.255  [548.053]. REINSPECTION OF VEHICLE REQUIRING   ADJUSTMENT, CORRECTION, OR REPAIR. [(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 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.          [(b)     A vehicle that is inspected and is subsequently   involved in an accident affecting the safe operation of an item of   inspection must be reinspected following repair. The reinspection   must be at an inspection station and shall be treated and charged as   an initial inspection.]          SECTION 17.  Section 548.105, Transportation Code, is   transferred to Subchapter E, Chapter 548, Transportation Code, and   redesignated as Section 548.2521, Transportation Code, to read as   follows:          Sec. 548.2521 [548.105].  EVIDENCE OF FINANCIAL   RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE   INSPECTION REPORT. (a) An inspection station or inspector may not   issue a passing vehicle inspection report 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, Insurance Code.          (b)  An inspection station is not liable to a person,   including a third party, for issuing a passing vehicle inspection   report 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 18.  Section 548.201, Transportation Code, is   amended to read as follows:          Sec. 548.201.  COMMERCIAL MOTOR VEHICLE INSPECTION PROGRAM.   [(a)] The commission may [shall] establish an inspection program   for commercial motor vehicles if necessary to comply with [that:                [(1)  meets] the requirements of federal motor carrier   safety regulations[; and                [(2)     requires a commercial motor vehicle registered in   this state to pass an annual inspection of all safety equipment   required by the federal motor carrier safety regulations].          [(b)  A program under this section also applies to any:                [(1)     vehicle or combination of vehicles with a gross   weight rating of more than 10,000 pounds that is operated in   interstate commerce and registered in this state;                [(2)     school activity bus, as defined in Section   541.201, that has a gross weight, registered weight, or gross   weight rating of more than 26,000 pounds, or is designed to   transport more than 15 passengers, including the driver; and                [(3)     school bus that will operate at a speed   authorized by Section 545.352(b)(5)(A).]          SECTION 19.  Subchapter E, Chapter 548, Transportation Code,   is amended by adding Section 548.257 to read as follows:          Sec. 548.257.  TIMING OF INSPECTION FOR REGISTRATION-BASED   ENFORCEMENT. The commission shall require a vehicle required to be   inspected under this chapter to pass the required inspection:                (1)  not earlier than 90 days before the date of   expiration of the vehicle's registration; or                (2)  if the vehicle is a used motor vehicle sold by a   dealer, as defined by Section 503.001, in the 180 days preceding the   date the dealer sells the vehicle.          SECTION 20.  Section 548.505, Transportation Code, is   amended to read as follows:          Sec. 548.505.  EMISSIONS-RELATED INSPECTION FEE. (a) The   department by rule may impose an inspection fee for a vehicle   inspected under Section 548.301(a) in addition to a fee adopted   under Section 382.202, Health and Safety Code [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)  providing inspections; and                (2)  administering the program.          (b)  A fee described by Subsection (a) must be collected as   provided by Section 502.361. [The department may provide a maximum   fee for an inspection under this subchapter. The department may not   set a minimum fee for an inspection under this subchapter.]          SECTION 21.  Section 548.603(a), Transportation Code, is   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 or   insurance document knowing that the report 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; or                (2)  [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)]  knowingly does not comply with an emissions   inspection requirement for a vehicle.          SECTION 22.  Section 548.604(a), Transportation Code, is   amended to read as follows:          (a)  A person commits an offense if the person operates or   moves a motor vehicle, trailer, semitrailer, pole trailer, or   mobile home, or a combination of those vehicles, that is[:                [(1)] equipped in violation of this chapter or a rule   adopted under this chapter[; or                [(2) in a mechanical condition that endangers a person,   including the operator or an occupant, or property].          SECTION 23.  The following provisions of the Transportation   Code are repealed:                (1)  the heading to Subchapter B, Chapter 548;                (2)  Section 548.051;                (3)  the heading to Subchapter C, Chapter 548;                (4)  Sections 548.101, 548.102, 548.103, and 548.104;                (5)  Sections 548.202 and 548.203;                (6)  Sections 548.301(d) and 548.3045(b); and                (7)  Sections 548.501, 548.502, 548.503, 548.504,   548.5055, 548.508, and 548.509.          SECTION 24.  Not later than January 1, 2019, the Department   of Public Safety shall submit to the lieutenant governor and the   speaker of the house of representatives a report on changes in the   department's expenses and income that result from implementing the   changes in law required by this Act, including the increase or   decrease, if any, of the number of full-time equivalent employees   needed to administer Chapters 547 and 548, Transportation Code,   between September 1, 2017, and the date the report is prepared.          SECTION 25.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act 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 the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 26.  This Act takes effect September 1, 2017.