By: Pickett H.B. No. 3683       A BILL TO BE ENTITLED   AN ACT   relating to periodic motor vehicle inspections; reducing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 548.501, Transportation Code, is amended   to read as follows:          Sec. 548.501.  INSPECTION PROGRAM FEES [GENERALLY].          [(a)     Except as provided by Sections 548.503 and 548.504, the   fee for inspection of a motor vehicle other than a moped is $12.50.   The fee for inspection of a moped is $5.75.          [(b)     Out of each fee for an inspection, $5.50] shall be   remitted to the state under Section 548.509.          At the time of application for registration or renewal of   registration of a motor vehicle, other than a commercial motor   vehicle required to pay a fee under Section 548.504, the applicant   shall pay a program fee of $5.50, which shall be remitted to the   state under Section 548.509.          SECTION 2.  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; and                (2)  $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 3.  Section 382.202(d), Health and Safety Code, is   amended 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.          SECTION 4.  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 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 547.601, Transportation Code, is amended   to read as follows:          Sec. 547.601.  SAFETY BELTS REQUIRED. (a) 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.          (b)  Subsection (a) does not apply to a vehicle described by   Section 548.052.          SECTION 7.  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 a [the] safety or [and, if   applicable,] emissions inspection [inspections] required by this   chapter.          SECTION 8.  The heading to Subchapter B, Chapter 548,   Transportation Code, is amended to read as follows:   SUBCHAPTER B. COMMERCIAL MOTOR VEHICLE INSPECTIONS: VEHICLES AND   EQUIPMENT SUBJECT TO SAFETY INSPECTION [AND REINSPECTION]          SECTION 9.  Section 548.051(a), Transportation Code, is   amended to read as follows:          (a)  A commercial motor vehicle that is a motor vehicle,   trailer, semitrailer, pole trailer, or mobile home, registered in   this state, must have the following items inspected at an   inspection station or by an inspector:                (1)  tires;                (2)  wheel assembly;                (3)  safety guards or flaps, if required by Section   547.606;                (4)  brake system, including power brake unit;                (5)  steering system, including power steering;                (6)  lighting equipment;                (7)  horns and warning devices;                (8)  mirrors;                (9)  windshield wipers;                (10)  [sunscreening devices, unless the vehicle is   exempt from sunscreen device restrictions under Section 547.613;                [(11)]  front seat belts in vehicles on which seat belt   anchorages were part of the manufacturer's original equipment;                (11) [(12)]  exhaust system;                (12) [(13)]  exhaust emission system;                (13) [(14)]  fuel tank cap, using pressurized testing   equipment approved by department rule; and                (14) [(15)]  emissions control equipment as designated   by department rule.          SECTION 10.  Section 548.052, Transportation Code, is   amended to read as follows:          Sec. 548.052.  VEHICLES NOT SUBJECT TO INSPECTION. This   subchapter [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 11.  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 required to be inspected under Subchapter B   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 12.  The heading to Subchapter C, Chapter 548,   Transportation Code, is amended to read as follows:   SUBCHAPTER C. COMMERCIAL MOTOR VEHICLE INSPECTIONS: PERIODS OF   SAFETY INSPECTION[; PREREQUISITES TO ISSUANCE OF PASSING VEHICLE   INSPECTION REPORT]          SECTION 13.  Section 548.101, Transportation Code, is   amended to read as follows:          Sec. 548.101.  GENERAL ONE-YEAR INSPECTION PERIOD. The   [Except as provided by Section 548.102, the] department shall   require an [annual] inspection under Section 548.051 to be   conducted annually. The department shall set the periods of   inspection and may make rules with respect to those periods. [The   rules must provide that:                [(1)     a vehicle owner may obtain an inspection not   earlier than 90 days before the date of expiration of the vehicle's   registration; and                [(2)     a used motor vehicle sold by a dealer, as defined   by Section 503.001, must be inspected in the 180 days preceding the   date the dealer sells the vehicle.]          SECTION 14.  Section 548.104, Transportation Code, is   transferred to Subchapter B, Chapter 548, Transportation Code,   redesignated as Section 548.054, and amended to read as follows:          Sec. 548.054 [548.104].  EQUIPMENT-RELATED REQUIREMENTS   [PREREQUISITES TO ISSUANCE OF PASSING VEHICLE INSPECTION REPORT].   (a) The commission shall adopt uniform standards of safety   applicable to each item required to be inspected by Section   548.051. The standards and the list of items to be inspected shall   be posted in each inspection station.          (b)  An inspection station or inspector may issue a passing   vehicle inspection report only if the vehicle is inspected and   found to be in proper and safe condition and to comply with this   chapter and the rules adopted under this chapter.          (c)  An inspection station or inspector may inspect only the   equipment required to be inspected by Section 548.051 and may not:                (1)  falsely and fraudulently represent to an applicant   that equipment required to be inspected must be repaired, adjusted,   or replaced before the vehicle will pass inspection; or                (2)  require an applicant to have another part of the   vehicle or other equipment inspected as a prerequisite for issuance   of a passing vehicle inspection report.          (d)  An inspection station or inspector may not issue a   passing vehicle inspection report for a vehicle equipped with[:                [(1)     a sunscreening device prohibited by Section   547.613, except that the department by rule shall provide   procedures for issuance of a passing vehicle inspection report for   a vehicle exempt under Section 547.613(c); or                [(2)]  a compressed natural gas container unless the   owner demonstrates in accordance with department rules proof:                (1) [(A)]  that:                      (A) [(i)]  the container has met the inspection   requirements under 49 C.F.R. Section 571.304; and                      (B) [(ii)]  the manufacturer's recommended   service life for the container, as stated on the container label   required by 49 C.F.R. Section 571.304, has not expired; or                (2) [(B)]  that the vehicle is a fleet vehicle for   which the fleet operator employs a technician certified to inspect   the container.          (e)  The department shall adopt rules relating to inspection   of and issuance of a vehicle inspection report for a moped.          SECTION 15.  Section 548.105, Transportation Code, is   transferred to Subchapter E, Chapter 548, Transportation Code, and   redesignated as Section 548.2521 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 16.  The heading to Subchapter D, Chapter 548,   Transportation Code, is amended to read as follows:   SUBCHAPTER D. [INSPECTION OF] COMMERCIAL MOTOR VEHICLE   INSPECTIONS: FEDERAL MOTOR CARRIER SAFETY REGULATIONS [VEHICLES]          SECTION 17.  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   regularly 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 18.  Section 548.501, Transportation Code, is   amended to read as follows:          Sec. 548.501.  INSPECTION PROGRAM FEES [GENERALLY]. At the   time of application for registration or renewal of registration of   a motor vehicle, other than a commercial motor vehicle required to   pay a fee under Section 548.504, the applicant shall pay a program   fee of $5.50, which [(a) Except as provided by Sections 548.503 and   548.504, the fee for inspection of a motor vehicle other than a   moped is $12.50. The fee for inspection of a moped is $5.75.          [(b)  Out of each fee for an inspection, $5.50] shall be   remitted to the state under Section 548.509.          SECTION 19.  Section 548.505(a), Transportation Code, is   amended to read as follows:          (a)  The department by rule may impose an inspection fee for   a vehicle inspected under Section 548.301(a) in addition to other   fees required by this subchapter [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.          SECTION 20.  Sections 548.102, 548.502, and 548.503,   Transportation Code, are repealed.          SECTION 21.  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 22.  This Act takes effect September 1, 2017.