85R12179 JXC-D By: Pickett H.B. No. 2568 A BILL TO BE ENTITLED AN ACT relating to the application of the motor vehicle emissions inspection and maintenance program to vehicles of certain model years. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter G, Chapter 382, Health and Safety Code, is amended by adding Section 382.2031 to read as follows: Sec. 382.2031. REVIEW OF VEHICLE MODEL YEARS SUBJECT TO PROGRAM. (a) The commission shall determine whether the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) or its subsequent amendments require this state to apply the motor vehicle inspection and maintenance program to all the vehicle model years subject to the program under Section 382.203. (b) If the commission determines that the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) or a subsequent amendment does not require this state to apply the motor vehicle inspection and maintenance program to all the vehicle model years subject to the program under Section 382.203, the commission shall develop a plan to apply the program only to vehicles from model years that the commission determines are likely to fail an emissions-related inspection at a rate of five percent or more. (c) The plan must provide for the revision of this state's air quality state implementation plan and any other state plans mandated by the federal Clean Air Act as necessary to account for the proposed changes to the motor vehicle inspection and maintenance program. (d) The commission shall submit to the United States Environmental Protection Agency a request that the agency approve the plan. (e) If the United States Environmental Protection Agency approves the plan, the commission shall: (1) amend or adopt rules necessary to implement the plan; (2) implement the plan; and (3) submit to the legislature a list of recommended statutory changes to facilitate implementing the plan, if any. (f) Notwithstanding another provision of this chapter or Chapter 548, Transportation Code, the commission and the Department of Public Safety may implement a plan developed and approved under this section. SECTION 2. This Act takes effect September 1, 2017.