Proposed Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

SUBCHAPTER D. DRIVER IMPROVEMENT

The Texas Department of Public Safety (the department) proposes amendments to §15.89, concerning Moving Violations. This proposed amendment modifies the list of traffic offenses that constitute a moving violation and identifies what a moving violation does and does not include.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of these rules will be publication of an updated list of traffic offenses that constitute a moving violation.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does expand an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Cynthia Allison, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Transportation Code; and §542.304 which authorizes the department to designate by rule the offenses involving the operation of a motor vehicle that constitute a moving violation of the traffic law.

Texas Government Code, §411.004(3); and Texas Transportation Code §521.005 and §542.304, are affected by this proposal.

§15.89.Moving Violations.

(a) Moving violations are an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance.

(b) A list of traffic offenses that constitute a moving violation is detailed in the graphic in this subsection.

Figure: 37 TAC §15.89(b) (.pdf)

[~~Figure: 37 TAC §15.89(b)~~]

(1) a violation of the traffic law of this state, another state, or a political subdivision of this or another state; and

(2) an offense under Texas Transportation Code, §545.412.

(d) Moving violations do not include:

(1) an offense committed before September 1, 2003;

(2) the offense of speeding when the person convicted was at the time of the offense driving less than 10 percent faster than the posted speed limit, unless the person committed the offense in a school crossing zone;

(3) an offense adjudicated under Code of Criminal Procedure, Chapter 45A, Subchapter G or H; or

(4) an offense under Texas Transportation Code, §545.4251.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2024.

TRD-202404823

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 24, 2024

For further information, please call: (512) 424-5848

CHAPTER 23. VEHICLE INSPECTION

SUBCHAPTER A. VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION

37 TAC §§23.1, 23.3, 23.5, 23.6

The Texas Department of Public Safety (the department) proposes amendments to §§23.1, 23.3, 23.5, and 23.6, concerning Vehicle Inspection Station And Vehicle Inspector Certification. The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including elimination of driving while intoxicated as a disqualifying offense for licensure and changing the license renewal dates from August 31 to December 31 to align with discontinuation of the safety inspection program on January 1.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government.

Ms. Whittenton has also determined that the proposed amendments may result in an adverse economic effect on small businesses and micro-businesses, but there will be no adverse economic effect on rural communities. The estimated number of inspection stations licensed to perform non-commercial safety inspections is 10,951. It is estimated that 219 of these inspection stations are small businesses and 10,732 are micro-businesses. Therefore, there are an estimated 10,951 small or micro-businesses that may be adversely economically impacted by these proposed amendments implementing House Bill 3297, which eliminates the safety inspection program for personal (non-commercial) vehicles.

The estimated economic impact from the loss of revenue from safety inspections for a small or micro-business will be an average of approximately $8,509 per year. This is based on the total number of 13,311,043 safety inspections conducted last year, multiplied by $7.00 (the safety inspection fee), divided by the total number of all stations licensed to conduct safety inspections (10,951). There are no alternative methods that the department may consider in mitigating these effects under a regulatory flexibility analysis because these proposed amendments are required by legislation and involve the removal of provisions that will otherwise be null and void on January 1, 2025.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be the implementation of legislation and clarity and transparency in the regulation of vehicle inspectors and inspection station owners.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does eliminate a government program; it will eliminate current employee positions; it will not require an increase or decrease in future legislative appropriations to the agency; and it will decrease fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does limit an existing regulation. The proposed rulemaking does decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Texas Department of Public Safety, P.O. Box 4087, MSC 0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; §411.511, which authorizes the Public Safety Commission to adopt a system by rule under which licenses expire on various dates during the year; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; §548.301(b), which authorizes the Public Safety Commission to establish by rule a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission; §548.401, which authorizes the Department of Public Safety to adopt rules for the certification of inspectors and inspection stations; §548.403, which authorizes the Department of Public Safety to adopt rules for the certification of inspection stations; and §548.4055, which authorizes the Public Safety Commission to adopt rules necessary to comply with Occupations Code, Chapter 53.

Texas Government Code, §411.004(3) and §411.511; Texas Transportation Code, §548.002, §548.003, §548.201, §548.202, §548.301(b), §548.401 §548.402 §548.403, §548.404, §548.405, §548.4055, §548.407 and §548.410; and Texas Occupations Code, Chapter 53 are affected by this proposal.

§23.1.New or Renewal Vehicle Inspection Station Applications.

(a) Applicants for new or renewal vehicle inspection station certification must apply in a manner prescribed by the department.

(b) By submitting a new or renewal vehicle inspection station application form, the applicant agrees to allow the department to conduct background checks as authorized by law.

(c) A new or renewal vehicle inspection station application must include, but is not limited to, the items listed in paragraphs (1) - (3) of this subsection:

(1) Criminal history disclosure of all convictions for the applicant or, if the applicant is an entity other than an individual, for the executive officer or other individual specifically authorized by the entity to sign the application;

(2) Proof of ownership and current status as required by the department. Such proof includes, but is not limited to, a current Certificate of Fact [~~of Existence or Certificate of Authority~~] from the Texas Secretary of State and a Certificate of Account Status [~~Good Standing~~] from the Texas Comptroller of Public Accounts; and

(3) Payment of the vehicle inspection station nonrefundable new and renewal application fee of $100.

(d) If an incomplete new or renewal vehicle inspection station application is received, notice will be sent to the applicant stating the application is incomplete and specifying the information required for completion.

(e) The new or renewal vehicle inspection station applicant has 60 calendar days after receipt of notice to provide the required information and submit a complete application. If an applicant fails to furnish the information, the application will be considered withdrawn and a new application must be submitted.

(f) A new or renewal vehicle inspection station application is complete when:

(1) It contains all items, including proof of identification, as required by the department.

(2) It conforms to Texas Transportation Code, Chapter 548 [~~the Act~~], this chapter, and the Texas vehicle inspection program's instructions.

(3) All fees are paid pursuant to Texas Transportation Code, Chapter 548 [~~the Act~~] and this chapter.

(4) All requests for additional information are satisfied.

(g) The vehicle inspection station certificate will expire on December [~~August~~] 31 of the odd numbered year following the date of issuance and is renewable every two years thereafter.

(h) A renewal of the vehicle inspection station certification issued by the department is conditional upon the receipt of criminal history record information.

(i) For a new or renewal vehicle inspection station application to be approved, the owner must:

(1) be at least 18 years of age;

~~[(2) provide proof of identification as required by the department;]~~

(2) [~~(3)~~] not be currently suspended or revoked in the Texas vehicle inspection program;

~~[(4) complete department provided training;]~~

(3) [~~(5)~~] have a facility that meets the standards for the appropriate class set forth in this chapter;

(4) [~~(6)~~] have equipment that meets the standards set forth in §23.13 of this title (relating to Equipment Requirements for Commercial Safety [~~All Classes of Vehicle~~] Inspection Stations); and

(5) [~~(7)~~] meet all other eligibility criteria under Texas Transportation Code, Chapter 548 [~~the Act~~] or this chapter.

(j) Certificate holders of vehicle inspection stations must submit a new application, including applicable fees, to change a location[,] or make a change of ownership.

(k) Applicants for new or renewal vehicle inspection station certification must apply for one of the classes defined in paragraphs (1) - (3) of this subsection:

(1) Public--A station open to the public performing inspections on vehicles presented by the public. Stations open to the public will not be issued a fleet vehicle inspection station license unless such stations are currently certified as a public vehicle inspection station [~~stations~~];

(2) Fleet--A station not providing vehicle inspection services to the public; or

(3) Government--A station operated by a political subdivision[,] or agency of this state.

(l) Failure to meet the requirements of subsection (i) of this section will result in the denial of the application.

§23.3.New or Renewal Vehicle Inspector Applications.

(a) Applicants for a new or renewal vehicle inspector certificate must apply in a manner prescribed by the department.

(b) By submitting a new or renewal vehicle inspector application[ ~~form~~], the applicant agrees to allow the department to conduct background checks as authorized by law.

(c) A new or renewal vehicle inspector application must include, but is not limited to, the items listed in paragraphs (1) and (2) of this subsection:

(1) Criminal history disclosure of all convictions of the vehicle inspector applicant; and

(2) Payment of the new or renewal vehicle inspector nonrefundable application fee of $25.

(d) If an incomplete new or renewal vehicle inspector application is received, notice will be sent to the applicant stating that the application is incomplete and specifying the information required for completion.

(e) The new or renewal vehicle inspector applicant has 60 calendar days after receipt of notice to provide the required information and submit a complete application. If an applicant fails to furnish the information, the application will be considered withdrawn.

(f) A new or renewal vehicle inspector application is complete when:

(1) It contains all items required by the department.

(2) It conforms to Texas Transportation Code, Chapter 548 [~~the Act~~], this chapter, and the Texas vehicle inspection program's instructions.

(3) All fees are paid pursuant to Texas Transportation Code, Chapter 548 [~~the Act~~] and this chapter.

(4) All requests for additional information are satisfied.

(5) The applicant has completed department provided training as outlined in this chapter.

(6) The applicant has passed an examination with a grade of not less than 80 on Texas Transportation Code, Chapter 548, this chapter, and regulations of the department pertinent to the Texas vehicle inspection program.

(7) The applicant has successfully demonstrated the ability to correctly operate the required testing devices (commercial inspectors only).

(g) The new or renewal vehicle inspector certificate will expire on December [~~August~~] 31 of the even numbered year following the date of issuance and is renewable every two years thereafter.

(h) A renewal of the vehicle inspector certification issued by the department is conditional upon the receipt of criminal history record information.

(i) For a new or renewal vehicle inspector application to be approved the applicant must:

(1) be at least 18 years of age;

(2) provide the applicant's driver license number [~~hold a valid driver license to operate a motor vehicle in Texas~~];

(3) not be currently suspended or revoked in the Texas vehicle inspection program; and

~~[(4) complete department provided training as outlined in this chapter;]~~

~~[(5) pass with a grade of not less than 80, an examination on the Act, this chapter, and regulations of the department pertinent to the Texas vehicle inspection program;]~~

~~[(6) successfully demonstrate ability to correctly operate the testing devices; and]~~

(4) [~~(7)~~] meet all other eligibility criteria under Texas Transportation Code, Chapter 548 [~~the Act~~] or this chapter.

§23.5.Vehicle Inspection Station and Vehicle Inspector Disqualifying Criminal Offenses.

(a) Vehicle inspection stations and vehicle inspectors are entrusted with ensuring [~~the safety and fitness of~~] vehicles traveling on the roads of Texas are in compliance with the vehicle emissions requirements of the emissions inspection program, the State Implementation Plan, and the commercial vehicle inspection program. The State Implementation Plan is available at the following website: https://www.tceq.texas.gov/airquality/sip/. Vehicle inspection stations and vehicle inspectors have access to vehicle owners' personal information and have constant access to and are responsible for the lawful disposition of government records [~~documents~~]. For these reasons, the department has determined that the offenses contained within this section relate directly to the duties and responsibilities of vehicle inspection stations and vehicle inspectors certified under Texas Transportation Code, Chapter 548. The types of offenses listed in this section are general categories that include all specific offenses within the corresponding chapter of the Texas Penal Code and any such offenses regardless of the code in which they appear that relate to vehicle inspections or the operation of vehicle inspection stations.

(b) The offenses listed in paragraphs (1) - (8) [~~(9)~~] of this subsection are intended to provide guidance only[,] and are not exhaustive of either the types of offenses that may relate to vehicle inspections or the operation of a vehicle inspection station or those that are independently disqualifying under Texas Occupations Code, §53.021(a)(2) - (4). The disqualifying offenses also include those crimes under the laws of another state or the United States, if the offense contains elements that are substantially similar to the elements of a disqualifying offense under the laws of this state. Such offenses also include the "aggravated" or otherwise heightened versions of the offenses listed in paragraphs (1) - (8) [~~(9)~~] of this subsection. In addition, after due consideration of the circumstances of the criminal act and its relationship to the position of trust involved in vehicle inspections or the operation of a vehicle inspection station, the department may find that a conviction not described in this section also renders a person unfit to hold a certificate as a vehicle inspector or vehicle inspection station owner. In particular, an offense that is committed in one's capacity as a vehicle inspection station owner or vehicle inspector, or an offense that is facilitated by licensure as an owner or inspector, will be considered related to the occupation and will render the person unfit to hold the certification.

(1) Arson, Criminal Mischief, and Other Property Damage or Destruction (Texas Penal Code, Chapter 28).

(2) Robbery (Texas Penal Code, Chapter 29).

(3) Burglary and Criminal Trespass (Texas Penal Code, Chapter 30).

(4) Theft (Texas Penal Code, Chapter 31).

(5) Fraud (Texas Penal Code, Chapter 32).

(6) Bribery and Corrupt Influence (Texas Penal Code, Chapter 36).

(7) Perjury and Other Falsification (Texas Penal Code, Chapter 37).

(8) Criminal Homicide (Texas Penal Code, Chapter 19).

~~[(9) Driving Related Intoxication Offenses (Texas Penal Code, Chapter 49).]~~

(c) A felony conviction for any such offense is disqualifying for ten years from the date of conviction, unless the offense was committed in one's capacity as a vehicle inspection station owner or vehicle inspector[,] or was facilitated by licensure as an owner or inspector, in which case it is permanently disqualifying. Conviction for a sexually violent offense as defined by Texas Code of Criminal Procedure, Article 62.001, or an offense listed in Texas Code of Criminal Procedure, [~~Article 42.12 §3g or~~] Article 42A.054, is permanently disqualifying.

(d) A Class A misdemeanor conviction for an offense listed in this section and any other offense determined by the department to directly relate to the duties and responsibilities of vehicle inspection stations or vehicle inspectors, including any unlisted offense committed in one's capacity as a vehicle inspection station owner or vehicle inspector or that was facilitated by licensure as an owner or inspector, is disqualifying for five years from the date of conviction.

(e) A Class B misdemeanor conviction for an offense listed in this section and any other offense determined by the department to directly relate to the duties and responsibilities of vehicle inspection stations or vehicle inspectors, including any unlisted offense committed in one's capacity as a vehicle inspection station owner or vehicle inspector or that was facilitated by licensure as an owner or inspector, is disqualifying for two years from the date of conviction.

(f) A person who is otherwise disqualified pursuant to the criteria in this section may submit documentation as detailed in paragraphs (1) - (8) of this subsection as evidence of his or her fitness to perform the duties and discharge the responsibilities of a vehicle inspection station certificate holder or vehicle inspector:

(1) the extent and nature of the person's past criminal activity;

(2) the age of the person when the crime was committed;

(3) the amount of time that has elapsed since the person's last criminal activity;

(4) the conduct and work activity of the person before and after the criminal activity;

(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;

(6) letters of recommendation;

(7) evidence the applicant has:

(A) maintained a record of steady employment;

(B) supported the applicant's dependents;

(D) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted; and

(8) any other evidence relevant to the person's fitness for the certification sought.

(g) The failure to provide the required documentation in a timely manner may result in the proposed action being taken against the application or license.

§23.6.Training.

(a) When attending a department training course, the applicant must:

(1) provide a department approved government issued photo identification;

(2) not be under the influence of drugs or alcohol;

(3) cooperate with the classroom rules as provided by department personnel;

(4) maintain good order and discipline during the training course; and

(5) successfully pass the written examination.

(b) Conduct which is disruptive or unsafe shall be grounds for immediate ejection from the training course and may result in the termination of the application process.

(c) The applicant for a [~~vehicle inspection station certification or~~] vehicle inspector certification will be given three (3) opportunities to pass the written exam. Failure to pass the exam within 30 days of the date of training will terminate the application process.

(d) Once a completed application for a renewal of a [~~vehicle inspection station or~~] vehicle inspector certification is received by the department, the applicant may be required to receive training and take a test prior to recertification.

(e) Each certified vehicle inspector must qualify, by training and examination provided by the department, for one or more of the endorsements listed in paragraphs (1) or (2) [~~paragraphs (1) - (3)~~] of this subsection which indicate the type of vehicle inspection reports the inspector is certified to issue and the types of vehicle inspections the inspector is qualified to perform.

~~[(1) S. May inspect any vehicle requiring a safety only vehicle inspection report, i.e., one-year, two-year, trailer, and motorcycle.]~~

(1) [~~(2)~~] C. May inspect any vehicle requiring a commercial inspection report[~~, i.e., commercial motor vehicle and commercial trailer~~].

(2) [~~(3)~~] E. May inspect any vehicle requiring an emissions inspection report [~~test report, i.e., one-year safety/emissions and one-year emissions only (unique emissions test only inspection report)~~].

(f) The department representative may, if the vehicle inspector's performance warrants, require the vehicle inspector to take and pass all or a portion of the written test[,] or require attendance at a vehicle inspection training program. Failure to pass a required test[,] or refusal to comply with the department representative's request under this section[,] may result in suspension of the vehicle inspector's certificate. The suspension will remain in effect until the inspector passes the required test or complies with the department representative's request, whichever is applicable.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2024.

TRD-202404824

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 24, 2024

For further information, please call: (512) 424-5848

SUBCHAPTER B. GENERAL VEHICLE INSPECTION STATION REQUIREMENTS

37 TAC §§23.11 - 23.13

The Texas Department of Public Safety (the department) proposes amendments to §§23.11 - 23.13, concerning General Vehicle Inspection Station Requirements. The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including adding a web link for the DPS Training and Operations Manual, removing references to non-commercial vehicles inspections, and specifying applicability to commercial vehicles.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be the implementation of legislation and greater clarity and transparency in the regulation of vehicle inspectors and inspection station owners.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Texas Department of Public Safety, P.O Box 4087, MSC 0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; §548.252, which authorizes the Department of Public Safety to adopt rules relating to the issuance and content of vehicle inspection reports; §548.301(b), which authorizes the Public Safety Commission to adopt rules to establish a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission; §548.403, which authorizes the Department of Public Safety to adopt rules for the certification of inspection stations; and §548.407(e), which authorize the Public Safety Commission to adopt rules to implement §548.407.

Texas Government Code, §411.004(3), and Texas Transportation Code, §548.002, §548.003, §548.201, §548.252, §548.301, §548.303, §548.304, §548.403, §548.405, and §548.407 are affected by this proposal.

§23.11.General Vehicle Inspection Station Requirements.

(a) To be certified as a vehicle inspection station, the station's facilities must meet the standards listed in paragraphs (1) - (7) [~~(8)~~] of this subsection:

(1) be of a permanent type;

(2) have a permanent roof;

(3) have a minimum of two permanent walls constructed of substantial material such as steel, masonry, or wood that is effective at protecting the building and equipment from the elements;

(4) have a hard surfaced floor;

(5) have an entrance to the approved inspection area of sufficient size to allow entry of any vehicle the station is endorsed to inspect (other than oversized vehicles as provided in subsection (c) [~~(d)~~] of this section);

(6) have a display area located in the customer waiting area approved by the department. Only official notices, licenses, letters from the department, procedure charts, or other documents authorized by the department may be exhibited in the display area; and

~~[(7) have a secured area for storage of records and necessary supplies; and]~~

(7) [~~(8)~~] have a designated customer waiting area protected from the elements.

(b) To be certified as a vehicle inspection station, the designated space approved for inspection purposes must meet the standards detailed in this subsection:

(1) be an area of at least 12 feet wide by 24 feet long and made of a hard surface such as asphalt or concrete[ ~~(unless subject to subsection (c) of this section)~~];

(2) be clear of obstacles and debris that would interfere with the safe operation of a vehicle and inspection of required items;

(3) have lighting sufficient to afford good visibility for performing all inspection procedures; and

(4) be contained entirely within a building and protected from the elements.

~~[(c) The inspection area for a motorcycle only station must be at least 8 feet wide by 10 feet long, level and hard surfaced.]~~

(c) [~~(d)~~] A vehicle inspection station may have an additional area approved by the department for the inspection of oversized vehicles[~~, such as motor homes and trailers~~]. This area may be located outside the building.

§23.12.Standards of Conduct.

(a) The DPS Training and Operations Manual for official vehicle inspection stations and certified vehicle inspectors must be the instruction and training guide for the operation of all vehicle inspection stations and certified vehicle inspectors. It will serve as procedure for all vehicle inspection station operations and inspections performed. The DPS Training and Operations Manual (Revised January 2025) is adopted by reference and available at the following website: https://www.dps.texas.gov/internetforms/getForm.ashx?id=VI-87.pdf. [All vehicle inspection stations must record the inspection of all vehicles, whether the vehicle passed, failed, or was repaired, into the appropriate state vehicle inspection database using a department provided device at the time of that inspection.]

(b) All vehicle inspection stations must record the inspection of all vehicles, whether the vehicle passed, failed, or was repaired, into the appropriate state vehicle inspection database using a department approved device at the time of the inspection. [The DPS Training and Operations Manual for official vehicle inspection stations and certified vehicle inspectors must be the instruction and training guide for the operation of all vehicle inspection stations and certified vehicle inspectors. It will serve as procedure for all vehicle inspection station operations and inspections performed.]

(c) Fleet and government vehicle inspection stations must not inspect vehicles owned by officers, employees, or the general public.

(d) A vehicle inspection station must have a certified and properly endorsed vehicle inspector on duty to perform inspections [~~in a prompt manner~~] during posted inspection [~~business~~] hours.

(e) No vehicle inspection station shall refuse to inspect a vehicle for which it is endorsed that is presented for inspection during the posted inspection [~~business~~] hours without an objective justifiable cause related to safety.

(f) A certified vehicle inspector must conduct a complete and thorough inspection of every vehicle presented for an official inspection in accordance with this chapter and Texas Transportation Code, Chapter 548 [ ~~(the Act)~~], as authorized by the vehicle inspector's certification and by the vehicle inspection station's endorsement.

(g) A certified vehicle inspector must not use, nor be under the influence of, alcohol or drugs while on duty. Prescription drugs may be used when prescribed by a licensed physician, provided the inspector is not impaired while on duty.

(h) A certified vehicle inspector must inspect a vehicle presented for inspection within a reasonable time.

~~[(i) A certified vehicle inspector must notify the department representative supervising the vehicle inspection station immediately if his driver license is suspended or revoked.]~~

(i) [~~(j)~~] A certified vehicle inspector must conduct each inspection in the approved inspection area of the vehicle inspection station location designated on the certificate of appointment. The road test may be conducted outside this area.

(j) [~~(k)~~] The certified vehicle inspector must consult the vehicle owner or operator prior to making a repair or adjustment.

(k) [~~(l)~~] Inspections may be performed by more than one certified vehicle inspector, but the inspector of record is responsible for ensuring the inspection is completed in accordance with Texas Transportation Code, Chapter 548 [~~the Act~~] and this chapter.

(l) [~~(m)~~] The certified vehicle inspector must not require a vehicle owner whose vehicle has been rejected to have repairs made at a specific garage.

(m) [~~(n)~~] The certified vehicle inspector must maintain a clean and orderly appearance and be courteous in his contact with the public.

(n) [~~(o)~~] Any services offered in conjunction with the vehicle inspection must be separately described and itemized on the invoice or receipt.

(o) [~~(p)~~] At the conclusion of the inspection, the vehicle inspector must issue a signed vehicle inspection report to the owner or operator of the vehicle indicating whether the vehicle passed or failed.

(p) [~~(q)~~] If the vehicle inspection report shows the vehicle being inspected to be subject to a safety recall, where reasonably practical, the inspector shall advise the vehicle owner or operator that the vehicle is subject to a recall and that further details can be obtained from the dealer or manufacturer. The vehicle inspection station owner may delegate this responsibility to another employee of the station, but the station owner is responsible for ensuring compliance with this section.

(q) An inspection customer's vehicle may not be driven outside of the inspection bay by an inspector who does not have a currently valid driver license to operate the vehicle in Texas.

§23.13.Equipment Requirements for Commercial Safety [~~All Classes of Vehicle~~] Inspection Stations.

(a) All testing equipment must be approved by the department. All testing equipment must be installed and used in accordance with the manufacturer's and department's instructions. Equipment must be arranged and located at or near the approved inspection area and readily available for use.

(b) When equipment adjustments and calibrations are needed, the manufacturer's specifications and department's instructions must be followed. Defective equipment must not be used, and the vehicle inspector or station must cease performing inspections until such equipment is replaced, recalibrated, or repaired and returned to an operational status.

(c) To be certified as a vehicle inspection station, the station is required to possess and maintain, at a minimum, the equipment listed in paragraphs (1) - (6) [~~(7)~~] of this subsection:

(1) a measured and marked brake test area which has been approved by the department[,] or an approved brake testing device;

(2) a measuring device clearly indicating measurements of 12 inches, 15 inches, 20 inches, 24 inches, 54 inches, 60 inches, 72 inches, and 80 inches to measure reflector height, clearance lamps, side marker lamps, and turn signal lamps on all vehicles[~~, with the exception that the 80 inch measuring device requirement does not apply to motorcycle-only vehicle inspection stations~~];

(3) a gauge for measuring tire tread depth;

(4) a measuring device for checking brake pedal reserve clearance[~~. This requirement does not apply to vehicle inspection stations with only a motorcycle endorsement~~];

(5) a department approved device for measuring the light transmission of sunscreening [~~devices~~]. This requirement does not apply to government inspection stations[,] or fleet inspection stations that have provided the department biennial written certification that the station has no vehicles equipped with [ a] sunscreening [ ~~device. This requirement does not apply to vehicle inspection stations with only a motorcycle and/or trailer endorsement~~]; and

(6) a department approved device with required adapters for checking fuel cap pressure. The department requires vehicle inspection stations to obtain updated adapters as they become available from the manufacturer. A vehicle inspection station may not inspect a vehicle for which it does not have an approved adapter for that vehicle. This device is not required of government inspection stations or fleet inspection stations which have provided the department biennial written certification that the station has no vehicles meeting the criteria for checking gas cap pressure or that these vehicles will be inspected by a public inspection station capable of checking gas caps. This device is not required of [~~motorcycle-only or trailer-only inspection stations and~~] certain commercial inspection stations that only inspect vehicles powered by a fuel other than gasoline.

(d) To be certified as a commercial safety [~~non-emissions vehicle~~] inspection station, the station must have:

(1) an approved and operational electronic station interface device;

(2) a printer and supplies necessary for printing a vehicle inspection report on 8 1/2 x 11 paper; and

(3) an [~~a telephone line, or~~] internet connection for the electronic station interface device to be used during vehicle inspections either dedicated solely for use with the electronic device[,] or shared with other devices in a manner approved by the department.

(e) For vehicle emissions inspection station requirements, see Subchapter E of this chapter (relating to Vehicle Emissions Inspection and Maintenance Program).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2024.

TRD-202404825

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 24, 2024

For further information, please call: (512) 424-5848

SUBCHAPTER C. VEHICLE INSPECTION STATION OPERATION

37 TAC §23.21, §23.22

The Texas Department of Public Safety (the department) proposes amendments to §23.21 and §23.22, concerning Vehicle Inspection Station Operation. The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including adding that vehicle inspection stations must use the electronic station interface device to issue vehicle inspection reports and adding that a fine may be assessed if a vehicle inspector shares a unique identifier protocol with another.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be the implementation of legislation and greater clarity and transparency in the regulation of vehicle inspectors and inspection station owners.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit, or repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; §548.252, which authorizes the Department of Public Safety to adopt rules relating to the issuance and content of vehicle inspection reports; and §548.301(b), which authorizes the Public Safety Commission to adopt rules to establish a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission.

Texas Government Code, §411.004(3), and Texas Transportation Code, §548.002, §548.003, §548.201, §548.202, §548.252, §548.301, §548.303, §548.304, §548.401, §548.402, §548.403, §548.404, §548.405, §548.407, and §548.410 are affected by this proposal.

§23.21.Electronic Vehicle Inspection Station Interface Device Access.

(a) All vehicle inspections [~~performed in emissions and non-emissions testing inspection stations~~] must be reported using an approved method or device at the time the inspection is conducted. Access to the system at certified vehicle inspection stations must be controlled using procedures, processes, and protocols as established by the department.

(b) The records maintained in the database are governmental records. Fraudulent use of the database may subject the person to criminal prosecution, as well as administrative action.

(c) Vehicle inspectors and all other authorized users are held accountable for the security and confidentiality of all assigned access processes including, but not limited to, passwords, protocols, or personal identification numbers (PIN) [~~tokens, or access/identification cards~~].

(d) Before each official vehicle inspection begins, the inspector must use a unique identifier protocol as established by the department that links the inspection record with the certified vehicle inspector performing the inspection. The inspector of record entering his unique identifier is responsible for the inspection of all required items of inspection, must enter all information into the electronic station interface device at the time of inspection, and must complete other documents as required.

(e) Vehicle inspectors may not give, share, lend, or divulge this unique identifier protocol[,] including, but not limited to,[:] passwords, protocols, or personal identification numbers (PIN)[~~, or access/identification cards~~] to another person. Failure to comply with this section may result in a fine, suspension, or revocation of the vehicle inspector's certification, as well as any appropriate criminal action or administrative disciplinary action.

(f) The department may require certified vehicle inspectors to acknowledge the department's policy for use and protection of access procedures.

§23.22.Vehicle Inspection Reports.

(a) The information required by this subsection must be accurately entered into the electronic station interface device: vehicle identification number, license plate information, vehicle year, vehicle make, vehicle model, and odometer reading.

(b) The vehicle inspection report:

(1) must indicate whether the vehicle passed or failed the inspection;

(2) must be printed and signed by the vehicle inspector who performed the inspection at the time of inspection; and

(3) must indicate the month and year of expiration of the inspection.

(c) If the electronic station interface device is not operational, the station shall not perform inspections and the station must promptly notify the department.

(d) Vehicle inspection stations must use the electronic station interface device and department approved procedures to issue vehicle inspection reports.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2024.

TRD-202404826

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 24, 2024

For further information, please call: (512) 424-5848

37 TAC §23.26

The Texas Department of Public Safety (the department) proposes the repeal of §23.26, concerning Retention of Records. This repeal is necessary because vehicle inspection reports and out of state identification certificates are now submitted electronically by the licensees, therefore retention of physical records is no longer required.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be the implementation of legislation and greater simplicity and efficiency in the regulation of vehicle inspectors and inspection station owners.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; and §548.301(b), which authorizes the Public Safety Commission to adopt rules to establish a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission.

Texas Government Code, §411.004(3), and Texas Transportation Code, §548.002, §548.003, §548.201, §548.301, §548.303, and §548.304 are affected by this proposal.

§23.26.Retention of Records.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2024.

TRD-202404827

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 24, 2024

For further information, please call: (512) 424-5848

SUBCHAPTER D. VEHICLE INSPECTION ITEMS, PROCEDURES, AND REQUIREMENTS

37 TAC §23.41

The Texas Department of Public Safety (the department) proposes the repeal of §23.41, concerning Passenger (Non-Commercial) Vehicle Inspection Items. The rule is being repealed in response to House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does eliminate a government program; it will eliminate current employee positions; it will not require an increase or decrease in future legislative appropriations to the agency; and it will decrease fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does repeal an existing regulation. The proposed rulemaking does decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548.

Texas Government Code, §411.004(3), and Texas Transportation Code, §548.002, §548.003, §548.403, §548.405, and §548.407 are affected by this proposal.

§23.41.Passenger (Non-Commercial) Vehicle Inspection Items.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2024.

TRD-202404829

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 24, 2024

For further information, please call: (512) 424-5848

37 TAC §23.42

The Texas Department of Public Safety (the department) proposes amendments to §23.42, concerning Commercial Vehicle Inspection Items. The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including moving and adding language from current §23.41 (to be repealed) relating to the inspection of vehicles equipped with compressed natural gas fuel systems and adding a web link for the DPS Training and Operations Manual.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be the implementation of legislation and greater simplicity and efficiency in the regulation of vehicle inspectors and inspection station owners.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit, or repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; and §548.252, which authorizes the Department of Public Safety to adopt rules relating to the issuance and content of vehicle inspection reports.

Texas Government Code, §411.004(3), and Texas Transportation Code, §548.002, §548.003, §548.201, and §548.252 are affected by this proposal.

§23.42.Commercial Vehicle Inspection Items.

(a) All items of inspection enumerated in this section must be inspected in accordance with the Federal Motor Carrier Safety Regulations, Texas Transportation Code, Chapter 547, and any other applicable state law and department regulation as provided in the DPS Training and Operations Manual prior to the issuance of a passing vehicle inspection report.

(b) All items must be inspected in accordance with [~~the attached~~] inspection procedures found in [~~. The figure in this section reflects excerpts from~~] the DPS Training and Operations Manual, Chapter 6 (Revised January 2025), which is adopted by reference and available at the following website: https://www.dps.texas.gov/internetforms/getForm.ashx?id=VI-87.pdf.

[~~Figure: 37 TAC §23.42(b)~~]

(c) A vehicle inspection report may not be issued for a vehicle equipped with a compressed natural gas (CNG) fuel system unless the vehicle inspector can confirm in a manner provided by subsection (d) of this section that:

(1) the CNG fuel container meets the requirements of Code of Federal Regulations, Title 49, §571.304; and

(2) the CNG fuel container has not exceeded the expiration date provided on the container's label.

(d) The requirements of subsection (c) of this section may be confirmed by any appropriate combination of the items detailed in paragraphs (1) - (3) of this subsection:

(1) Observation of Container Label. The vehicle inspector may confirm the requirement of subsection (c)(2) of this section through direct observation of the expiration date on the container;

(2) Observation of Label at Fueling Connection Receptacle. The vehicle inspector may confirm through direct observation of a label affixed to the vehicle by the original equipment manufacturer or by a certified installer or inspector of CNG systems (as defined in subsection (g) of this section) reflecting that the requirements of subsection (c)(1) or (c)(2) of this section are satisfied; or

(3) Documentation. The vehicle owner may furnish to the vehicle inspector documentation provided by the original vehicle equipment manufacturer or by a certified installer or inspector of CNG systems (as defined in subsection (g) of this section) reflecting that either requirements of subsection (c)(1) or (c)(2) of this section are satisfied.

(e) The owner or operator of a fleet vehicle may, as an alternative to the requirements of subsection (c) of this section, provide proof in the form of a written statement or report issued by the owner or operator that the vehicle is a fleet vehicle for which the fleet operator employs a certified installer or inspector of CNG systems (as defined in subsection (g) of this section).

(f) A copy of the written statement or report provided to the vehicle inspector under subsections (d)(3) or (e) of this section must be maintained in the vehicle inspection station's files for a period of one year from the date of the inspection and made available to the department on request.

(g) Certified installer or inspector of CNG systems: For purposes of this section, a certified installer or inspector of CNG systems is a person licensed by the Railroad Commission of Texas under 16 TAC §13.61 (relating to License Categories, Container Manufacturer Registration, Fees, and Application for Licenses, Manufacturer Registrations, and Renewals).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2024.

TRD-202404828

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 24, 2024

For further information, please call: (512) 424-5848

SUBCHAPTER E. VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM

37 TAC §§23.51 - 23.53

The Texas Department of Public Safety (the department) proposes amendments to §§23.51 - 23.53, concerning Vehicle Emissions Inspection and Maintenance Program. The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including removing references related to personal vehicle safety inspections, specifying applicability to commercial vehicles, and adding a web link for the State Implementation Plan.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be the implementation of legislation and greater simplicity and efficiency in the regulation of vehicle inspectors and inspection station owners.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; and §548.301(b), which authorizes the Public Safety Commission to adopt rules to establish a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission.

Texas Government Code, §411.004(3), and Texas Transportation Code, §548.002, §548.003, §548.201, §548.301, §548.3012; §548.302, §548.303, and §548.304 are affected by this proposal.

§23.51.Vehicle Emissions Inspection Requirements.

(a) In affected counties, to be certified by the department as a vehicle inspection station, the station must be certified by the department to perform vehicle emissions testing. This provision does not apply to vehicle inspection stations certified by the department to only inspect [~~as stations endorsed only to issue inspection reports for one or more of the listed categories of vehicles: trailer, motorcycle,~~] commercial motor vehicles [~~vehicle, or commercial trailer~~].

(b) A commercial vehicle inspection station in a county not designated as an affected county shall not inspect a designated vehicle [~~unless the vehicle inspection station is certified by the department to perform emissions testing, or~~] unless the motorist represents that [~~presenting the vehicle signs an affidavit as prescribed by the department stating~~] the vehicle is exempted from emissions testing. Under the exceptions outlined in paragraphs (1) - (3) of this subsection, a commercial vehicle registered in an affected county may receive a commercial safety inspection at a vehicle inspection station in a non-affected county.

(1) The vehicle is not a designated vehicle because it has not and will not be primarily operated in an affected county. This exception includes the subparagraphs (A) and (B) of this paragraph:

(A) Company fleet vehicles owned by business entities registered at a central office located in an affected county but operated from branch offices and locations in non-affected counties on a permanent basis.

(B) Hunting and recreational vehicles registered to the owner in an affected area[,] but permanently maintained on a hunting property or vacation home site in a non-affected county.

(2) The vehicle no longer qualifies as a designated vehicle because it no longer and will be no longer primarily operated in an affected county. For example, the vehicle registration indicates it is registered in an affected county, but the owner has moved, does not currently reside in, nor will primarily operate the vehicle in an affected county.

(3) The vehicle is registered in an affected county and is primarily operated in a non-affected county[,] but will not return to an affected county prior to the expiration of the current registration. Under this exception the vehicle will be reinspected at a vehicle inspection station certified to do vehicle emissions testing immediately upon return to an affected county. Examples of this exception include vehicles operated by students enrolled at learning institutions, vehicles operated by persons during extended vacations, or vehicles operated by persons on extended out-of-county business.

(c) All designated vehicles must be emissions tested at the time of and, if applicable, as a part of the designated vehicle's annual commercial vehicle safety inspection at a vehicle inspection station certified by the department to perform vehicle emissions testing. The exceptions outlined in paragraphs (1) and (2) of this subsection apply to this provision.

(1) Commercial motor vehicles, as defined by Texas Transportation Code, §548.001, meeting the description of "designated vehicle" provided in this section, [~~. Designated commercial motor vehicles~~] must be emissions tested at a vehicle inspection station certified by the department to perform vehicle emissions testing and must be issued an emissions test only inspection report, as authorized by Texas Transportation Code, §548.252 prior to receiving a commercial motor vehicle safety inspection report pursuant to Texas Transportation Code, Chapter 548. The emissions test only inspection report must be issued within 15 calendar days prior to the issuance of the commercial motor vehicle safety inspection report and will expire at the same time the newly issued commercial motor vehicle safety inspection report expires.

(2) Vehicles presented for inspection by motorists in counties not designated as affected counties meeting other exceptions listed in this section.

(d) A commercial motor vehicle with a currently valid safety inspection report presented for an "Emissions Test on Resale" inspection shall receive an emissions test. The owner or selling dealer may choose one of two options:

(1) a complete commercial safety and emissions test and receipt of a new inspection report; or

(2) an emissions test and receipt of the emissions test only inspection report. The emissions test only inspection report will expire at the same time as the current safety inspection report.

(e) Any vehicle not listed as an exempt vehicle that is capable of being powered by gasoline, from two years old up to and including 24 years old, presented for the annual commercial vehicle safety inspection in affected counties will be presumed to be a designated commercial vehicle and will be emissions tested as a part of the annual vehicle safety inspection.

(f) The department shall perform challenge tests to provide for the reinspection of a motor vehicle at the option of the owner of the vehicle as a quality control measure of the emissions testing program. A motorist whose vehicle has failed an emissions test may request a free challenge test through the department within 15 calendar days.

(g) Federal and state governmental or quasi-governmental agency vehicles that are primarily operated in affected counties that fall outside the normal registration or inspection process shall be required to comply with all vehicle emissions inspection and maintenance (I/M) requirements contained in the Texas I/M State Implementation Plan (SIP), which is available at the following website: https://www.tceq.texas.gov/airquality/sip/.

(h) Any motorist in an affected county whose designated vehicle has been issued an emissions related recall notice shall furnish proof of compliance with the recall notice prior to having their vehicle emissions tested at the next testing cycle. As proof of compliance, the motorist may present a written statement from the dealership or leasing agency indicating the emissions repairs have been completed.

(i) Inspection reports previously issued in a newly affected county shall be valid and remain in effect until the expiration date thereof.

~~[(j) An emissions test only inspection report expires at the same time the vehicle's registration expires.]~~

(j) [~~(k)~~] The department may perform quarterly equipment and/or gas audits on all vehicle emissions analyzers used to perform vehicle emissions tests. If a vehicle emissions analyzer fails the calibration process during the gas audit, the department may cause the appropriate vehicle inspection station to cease vehicle emissions testing with the failing emissions analyzer until all necessary corrections are made and the vehicle emissions analyzer passes the calibration process.

(k) [~~(l)~~] Pursuant to the Texas I/M SIP, the department may administer and monitor a follow up loaded mode I/M test on at least 0.1% of the vehicles subject to vehicle emissions testing in a given year to evaluate the mass emissions test data as required in Code of Federal Regulations, Title 40, §51.353(c)(3).

(l) [~~(m)~~] Vehicle owners receiving a notice from the department requiring an emissions [~~emission~~ ] test shall receive an out-of-cycle test[,] if the vehicle already has a valid safety and emissions [~~emission~~ ] inspection report. This test will be conducted in accordance with the terms of the department's notice. The results of this verification emissions inspection shall be reported (online) to the Texas Information Management System Vehicle Identification Database. Vehicles identified to be tested by the notice will receive the prescribed test regardless of the county of registration and regardless of whether the vehicle has a valid [~~safety inspection report or a valid safety and~~] emissions inspection report. [~~If the vehicle has a valid safety inspection report or a valid safety and emissions inspection report, the owner may choose one of two options:~~]

~~[(1) a complete safety and emissions test and receipt of a new inspection report; or]~~

~~[(2) The emissions test only inspection report will expire at the same time as the current safety inspection report.]~~

[(n) Pursuant to Texas Education Code, §51.207, public institutions of higher education located in affected counties may require vehicles to be emissions tested as a condition to receive a permit to park or drive on the grounds of the institution, including vehicles registered out of state.]

~~[(1) Vehicles presented under this subsection shall receive an emissions inspection and be issued a unique emissions test only inspection report:]~~

[(A) For vehicles registered in this state from counties without an emissions testing program, the emissions test only inspection report will expire at the same time as the vehicle's current safety inspection report.]

[(B) For vehicles registered in another state, the emissions test only inspection report will expire on the twelfth month after the month indicated on the date of the vehicle inspection report generated by the emissions inspection. Under no circumstances is the vehicle inspection station authorized to remove an out-of-state inspection and/or registration certificate, including safety, emissions, or a combination of any of the aforementioned.]

[(2) The vehicle inspector shall notify the operator of a vehicle presented for an emissions inspection under this subsection of the requirement to retain the vehicle inspection report as proof of emissions testing under Texas Education Code, §51.207.]

§23.52.Emissions Testing Waiver.

(a) The department may issue an emissions testing waiver to any vehicle that [~~passes all requirements of the standard safety inspection portion of the annual vehicle safety inspection and~~] meets the established criteria for a particular waiver. An emissions testing waiver defers the need for full compliance with vehicle emissions standards of the vehicle emissions inspection and maintenance (I/M) program for a specified period of time after a vehicle fails an emissions test. The motorist may apply once each testing cycle for the waiver.

(b) Qualified emissions related repairs are those repairs to emissions control components, including diagnosis, parts, and labor, which count toward a low mileage waiver or individual vehicle waiver. To be considered qualified emissions related repairs, the repairs:

(1) must be directly applicable to the cause for the emissions test failure;

(2) must be performed after the initial emissions test or [~~have been performed~~] within 60 days prior to the initial emissions test;

(3) must not be tampering related repairs;

(4) must not be covered by any available warranty coverage unless the warranty remedy has been denied in writing by the manufacturer or authorized dealer; and

(5) must be performed by a recognized emissions repair technician of Texas at a recognized emissions repair facility of Texas to include the labor cost and/or diagnostic costs. If repairs are not performed by a recognized emissions repair technician of Texas at a recognized emissions repair facility of Texas, only the purchase price of parts applicable to the emissions test failure qualify as a repair expenditure for the low mileage waiver or individual vehicle waiver.

(1) A vehicle may be eligible for a low mileage waiver provided it:

(A) has failed both its initial emissions inspection and retest;

(B) has incurred qualified emissions-related repairs, as defined in paragraph (2) of this subsection, costing $100 or more;

(D) is reasonably expected to be driven fewer than 5,000 miles before the next inspection is required.

(2) The requirements listed in subparagraphs (A) - (C) of this paragraph must be met to receive a low mileage waiver:

(A) The vehicle must pass a visual inspection performed by a department representative to ensure the emissions repairs claimed have actually been performed.

(B) The diagnosis, parts, and labor receipts for the qualified emissions related repairs must be presented to the department and support that the claimed emissions repairs have been performed [~~the emissions repairs claimed have actually been performed~~].

(C) The valid retest vehicle inspection report and valid vehicle repair form for the applicant vehicle must be presented to the department. If labor and/or diagnostic charges are being claimed towards the low mileage waiver amount, the vehicle repair form shall be completed by a recognized emissions repair technician of Texas.

(d) Individual vehicle waiver.

(1) If a vehicle has failed an emissions test required by the vehicle emissions I/M program, an applicant may petition the designated representative of the department for an individual vehicle waiver in order for the vehicle to receive a state vehicle inspection report. The applicant must demonstrate that all reasonable measures, such as diagnostics, repairs, or installation of replacement parts, have been implemented, but have failed to bring the vehicle into compliance with the program. The department will review the measures taken by the applicant to ensure they have been performed, further measures would be economically unfeasible during this inspection cycle, and a waiver will result in a minimal impact on air quality. A vehicle may be eligible for an individual vehicle waiver provided:

(A) it [It] failed both the initial emissions inspection and retest; and[.]

(B) the [~~The~~] motorist has incurred qualified emissions related repairs[,] equal to or in excess of the maximum reasonable repair expenditure amounts, as defined in this section, for the county in which the vehicle is registered.

(2) The applicable maximum reasonable repair expenditure amounts are:

(A) in affected counties, except El Paso county--$600; and

(B) in El Paso county--$450.

(3) The individual vehicle waiver shall be valid through the end of the twelfth month from the date of issuance. Motorists must apply for the individual vehicle waiver each testing cycle.

(4) The conditions listed in subparagraphs (A) - (C) of this paragraph must be met to receive an individual vehicle waiver:

(A) The vehicle must pass a visual inspection performed by a department representative to ensure the emissions repairs being claimed have actually been performed.

(B) The diagnosis, parts, and labor receipts for the qualified emissions related repairs must be presented to the department and support that the emissions repairs being claimed have been performed.

(C) The valid retest vehicle inspection report and valid vehicle repair form for the applicant vehicle must be presented to the department. If labor and/or diagnostic charges are being claimed towards the individual vehicle waiver, the vehicle repair form shall be completed by a recognized emissions repair technician of Texas.

§23.53.Time Extensions.

(a) The department may issue a time extension [~~to any vehicle that passes all requirements of the standard safety inspection portion of the annual vehicle safety inspection and meets the established criteria for a particular time extension~~]. A time extension defers the need for full compliance with vehicle emissions standards of the vehicle emissions inspection and maintenance (I/M) program for a specified period of time after a vehicle fails an emissions test. The motorist may apply once each testing cycle for the parts availability time extension. The motorist may apply every other testing cycle for the low income time extension.

(b) Low income time extension.

(1) The applicant must provide proof in writing, in a form approved by the department, that:

(A) The vehicle failed the initial emissions inspection test; proof shall be in the form of the original failed vehicle inspection report.

(B) The vehicle has not been granted a low income time extension in the previous testing cycle.

(D) The applicant receives financial assistance from the Texas Health and Human Services Commission or the Texas Department of Aging and Disability Services due to indigence or the applicant's adjusted gross income (if the applicant is married, the applicant's adjusted gross income is equal to the applicant's adjusted gross income plus the applicant's spouse's adjusted gross income) is at or below the current federal poverty level as published by the United States Department of Health and Human Services, Office of the Secretary, in the Federal Register; proof shall be in the form of a federal income tax return or other documentation approved by the department that the applicant certifies as true and correct.

(2) After a vehicle receives an initial low income time extension, the vehicle must pass an emissions test prior to receiving another low income time extension.

(1) The applicant must demonstrate to the department that:

(A) Reasonable attempts were made to locate necessary emissions control parts by retail or wholesale parts suppliers.

(B) Emissions related repairs cannot be completed before the expiration of the registration[,] or before the 30 day period following an out of cycle inspection because the repairs require an uncommon part.

(2) The applicant shall provide to the department:

(A) an original vehicle inspection report indicating the vehicle failed the emissions test; and

(B) an invoice, receipt, or original itemized document indicating the uncommon part(s) ordered by: name; description; catalog number; order number; source of part(s), including name, address, and phone number of parts distributor; and expected delivery and installation date(s). The original itemized document must be prepared by a recognized emissions repair technician of Texas before a parts availability time extension can be issued.

(3) A parts availability time extension is not allowed for tampering related repairs.

(4) If the vehicle does not pass an emissions retest prior to the expiration of the parts availability time extension, the applicant must provide to the department adequate documentation that one of the conditions listed in subparagraph (A) or (B) of this paragraph exists:

(A) the motorist qualifies for a low mileage waiver, low income time extension, or individual vehicle waiver; or

(B) the motor vehicle will no longer be operated in the affected county.

(5) A vehicle that receives a parts availability time extension in one testing cycle must have the vehicle repaired and retested prior to the expiration of such extension[,] or must qualify for another type of waiver or time extension to be eligible for a parts availability time extension in the subsequent testing cycle.

(6) The length of a parts availability time extension shall depend upon expected delivery and installation date(s) of the uncommon part(s) as determined by the department representative on a case by case basis. Parts availability time extensions will be issued for either 30, 60, or 90 days.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2024.

TRD-202404830

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 24, 2024

For further information, please call: (512) 424-5848

SUBCHAPTER F. VIOLATIONS AND ADMINISTRATIVE PENALTIES

37 TAC §23.62, §23.63

The Texas Department of Public Safety (the department) proposes amendments to §23.62 and §23.63, concerning Violations and Administrative Penalties. The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules or provide conformity with other amendments, including updating the violations and penalty schedule, adding certain violations, and clarifying the role of settlement conferences.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be the implementation of legislation and greater simplicity and efficiency in the regulation of vehicle inspectors and inspection station owners.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does expand an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; §548.301(b), which authorizes the Public Safety Commission to adopt rules to establish a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission; and §548.407(e), which authorizes the Public Safety Commission to adopt rules to implement §548.407.

Texas Government Code, §411.004(3), and Texas Transportation Code, §548.002, §548.003, §548.201, §548.301, §548.303, §548.304 §548.403, §548.405, and §548.407 are affected by this proposal.

§23.62.Violations and Penalty Schedule.

(a) In accordance with this section, the department may deny an application for a certificate, revoke or suspend the certificate of a person, vehicle inspection station, or inspector, place on probation, or reprimand a person who holds a certificate.

(b) The department will administer penalties by the category of the violation. The violations listed in this section are not an exclusive list of violations. The department may assess penalties for any violations of Texas Transportation Code, Chapter 548 [~~(the Act)~~], or rules adopted by the department. The attached graphic summarizes the violation categories and illustrates the method by which penalties are enhanced for multiple violations.

Figure: 37 TAC §23.62(b) (.pdf)

[~~Figure: 37 TAC §23.62(b)~~]

(1) Category A.

(A) Issuing a vehicle inspection report without inspecting an item [~~one or more items~~] of inspection.

(B) Issuing a vehicle inspection report without requiring the owner or operator to furnish proof of financial responsibility for the vehicle at the time of inspection.

(D) Refusing to inspect a vehicle without an objective justifiable cause related to safety.

(E) Failure to properly safeguard inspection reports, department issued forms, the electronic station interface device, or [~~emissions analyzer access/identification card, and/or~~] any assigned access processes including, but not limited to, passwords, protocols, or personal identification numbers (PINs) [~~number (PIN)~~].

(F) Failure to maintain required records.

(G) Failure to have at least one certified inspector on duty during the [~~posted~~] hours posted [~~of operations~~] for inspections [~~the vehicle inspection station~~].

(H) Failure to display the official department issued vehicle inspection station sign, certificate of appointment, procedure chart, and other notices in a manner prescribed by the department.

(I) Failure to post hours for inspections [~~of operation~~].

(J) Failure to maintain the required facility standards.

(K) Issuing a passing vehicle inspection report to a vehicle with one failing item of inspection.

(L) Failing to enter information or entering incorrect vehicle information into the electronic station interface device or emissions analyzer resulting in the reporting of erroneous information concerning the vehicle.

(M) Failure to conduct an inspection within the inspection area approved by the department for each vehicle type.

(N) Failure of inspector of record to ensure complete and proper inspection.

(O) Failure to enter an inspection into the approved interface device at the time of the inspection.

(P) Conducting an inspection without the appropriate and operational testing equipment.

(Q) Failure to perform a complete inspection or [~~and/or~~] issue a vehicle inspection report.

(R) Requiring repair or adjustment not required by Texas Transportation Code, Chapter 548 [~~the Act~~], this chapter, or department regulation.

(S) Driving an inspection customer's vehicle outside of the inspection bay without a valid driver license to operate the vehicle in Texas.

(2) Category B.

(A) Issuing a passing vehicle inspection report without inspecting the vehicle.

(B) Issuing a [~~passing~~] vehicle inspection report to a vehicle with multiple failing items of inspection.

(D) Allowing an uncertified person to perform, in whole or in part, the inspection or rejection of a required item during the inspection of a vehicle.

(E) Charging more than the statutory fee.

(F) Acting in a manner that could reasonably be expected to cause confusion or misunderstanding on the part of an owner or operator presenting a vehicle regarding the relationship between the statutorily mandated inspection fee and a fee for any other service or product offered by the vehicle inspection station.

(G) Failing to list and charge for any additional services separately from the statutorily mandated inspection fee.

(H) Charging a fee, convenience fee, or service charge in affiliation or connection with the inspection[,] in a manner that is false, misleading, deceptive, or unauthorized.

(I) Inspector performing inspection while under the influence of alcohol or drugs.

(J) Inspecting a vehicle at a location other than the department approved inspection area.

(K) Altering a previously issued inspection report.

(L) Issuing a vehicle inspection report[,] while employed as a fleet or government inspection station inspector[,] to an unauthorized vehicle. Unauthorized vehicles include those not owned, leased, or under service contract to that entity, [or] personal vehicles of officers and employees of the fleet or government inspection station, or personal vehicles of [or] the general public.

(M) Preparing or submitting to the department a false, incorrect, incomplete, or misleading form or report, or failing to enter required data into the emissions testing analyzer or electronic station interface device and transmitting that data as required by the department.

(N) Issuing a [~~passing~~] vehicle inspection report without inspecting multiple inspection items on the vehicle.

(O) Issuing a passing vehicle inspection report by using the emissions analyzer access/identification card, the electronic station interface device unique identifier, or the associated PIN of another.

(P) Giving, sharing, lending, or displaying to another any assigned access process including, but not limited to, passwords, protocols, [~~an emissions analyzer access/identification card, the~~] electronic station interface device unique identifiers [~~identifier~~], or PINs [~~divulging the associated PIN to another~~].

(Q) Failure of inspector to enter all required data pertaining to the inspection[,] including, but not limited, to data entry into the emissions testing analyzer, electronic station interface device, vehicle inspection report, or any other department required form.

(R) Conducting multiple inspections outside the inspection area approved by the department for each vehicle type.

(S) Issuing a passing vehicle inspection report in violation of Texas Transportation Code, Chapter 548 [~~§548.104(d)~~].

(T) Vehicle inspection station owner, operator, or manager directing a state certified inspector under his employ or supervision to issue a vehicle inspection report when in violation of this chapter, department regulations, or Texas Transportation Code, Chapter 548 [~~the Act~~].

(U) Vehicle inspection station owner, operator, or manager having knowledge of a state certified inspector under the owner's employ or supervision issuing a passing vehicle inspection report in violation of this chapter, department regulations, or Texas Transportation Code, Chapter 548 [~~the Act~~].

(V) Issuing a commercial safety [~~only~~] inspection report to a vehicle required to undergo an [~~a safety and~~] emissions inspection without requiring a representation under §23.51(b) of this title (relating to Vehicle Emissions Inspection Requirements) [~~signed and legible affidavit, approved by the department,~~] from the owner or operator of the vehicle[,] in a non-emissions [~~non emissions~~] county.

(W) Disclosing or selling information collected in relation to a vehicle inspection about a unique customer or a unique vehicle owner[~~, to a person other than the department~~] or about the person who is the subject of the information, including a customer or vehicle owner's name, address, or phone number, to a person other than the department.

(3) Category C.

(A) Issuing more than one vehicle inspection report without inspecting the vehicles.

(B) Issuing a passing vehicle inspection report to multiple vehicles with multiple failing items of inspection.

(D) Emissions testing the exhaust or electronic connector of one vehicle, or using an electronic device to simulate or emulate a vehicle, for the purpose of enabling another vehicle to pass the emissions test (clean piping or clean scanning), or allowing a certified inspector or other individual under the person's employment or supervision to emissions test the exhaust or electronic connector of one vehicle, or use an electronic device that simulates or emulates a vehicle, for the purpose of enabling another vehicle to pass the emissions test (clean piping or clean scanning).

(E) Issuing a passing vehicle inspection report to a vehicle with multiple emissions related violations or violations on more than one vehicle.

(F) Allowing a person whose certificate has been suspended or revoked to participate in a vehicle inspection, issue a vehicle inspection report, or participate in the regulated operations of the vehicle inspection station.

(G) Charging more than the statutory fee in addition to not inspecting the vehicle.

(H) Misrepresenting a material fact in any application to the department or any other information filed pursuant to Texas Transportation Code, Chapter 548 [~~the Act~~] or this chapter.

(I) Conducting or participating in the inspection of a vehicle during a period of suspension, revocation, denial, after expiration of suspension but before reinstatement, or after expiration of inspector certification.

(J) Altering or damaging an item of inspection with the intent that the item fail the inspection.

(K) Multiple instances of preparing or submitting to the department false, incorrect, incomplete, or misleading forms or reports.

(L) Multiple instances of failing to enter complete and accurate data into the emissions testing analyzer or electronic station interface device[,] or failing to transmit complete and accurate data in the manner required by the department.

(M) Violating a prohibition described in §23.57 of this title (relating to Prohibitions) not otherwise provided in this section.

(N) Failing to maintain compliance with the requirements of §23.55 of this title (relating to Certified Emissions Inspection Station and Inspector Requirements) at all times.

(4) Category D. These violations are grounds for indefinite suspension based on the temporary failure to possess or maintain an item or condition necessary for certification. The suspension of inspection activities is lifted upon receipt by the department of proof the obstacle has been removed or remedied.

(A) Failing to pay an administrative penalty that has become final [~~possess a valid driver license~~].

(B) Failing to possess a required item of inspection equipment.

(5) Category E. These violations apply to inspectors and vehicle inspection stations in which emissions [~~emission~~ ] testing is required.

(A) Failing to perform applicable emissions test as required.

(B) Issuing a passing emissions inspection report without performing the emissions test on the vehicle as required.

(D) Issuing a passing emissions inspection report when the required emissions adjustments, corrections, or repairs have not been made after an inspection disclosed the necessity for such adjustments, corrections, or repairs.

(E) Falsely representing to an owner or operator of a vehicle that an emissions related component must be repaired, adjusted, or replaced in order to pass emissions inspection.

(F) Requiring an emissions repair or adjustment not required by this chapter, department regulation, or Texas Transportation Code, Chapter 548 [~~the Act~~].

(G) Tampering with the emissions system or an emissions [~~emission~~] related component in order to cause a vehicle to fail an emissions test.

(H) Refusing to allow the owner to have emissions repairs or adjustments made at a location of the owner's choice.

(I) Allowing an uncertified person to conduct an emissions inspection.

(J) Charging more than the authorized emissions inspection fee.

(K) Entering false information into an emission analyzer in order to issue an inspection report.

(d) When assessing administrative penalties, the procedures detailed in this subsection will be observed:

(1) Multiple vehicle inspection station violations may result in action being taken against all station licenses held by the owner.

(2) The department may require multiple suspension periods be served consecutively.

(3) Enhanced penalties assessed will be based on previously adjudicated violations in the same category. Any violation of the same category committed after final adjudication of the prior violation will be treated as a subsequent violation for purposes of penalty enhancement.

(A) Category A violations are subject to a two year period of limitations preceding the date of the current violation.

(B) Under Category B, C, and E, subsequent violations are based on the number of previously adjudicated or otherwise finalized violations in the same category within the five year period preceding the date of the current violation.

(4) The penalty schedule is a guide only and does not limit the department's authority to impose additional penalties, sanctions, or both, should the department determine the scheduled penalty insufficient under the specific circumstances presented. Such circumstances may include a significant number of similar violations in a brief period, a pattern of conduct established by repeated as yet unadjudicated violations, or a violation determined to constitute a threat to public health, safety, or welfare under Texas Transportation Code, §548.407.

(e) Certification for a vehicle inspection station may not be issued if the person's immediate family member's certification as a vehicle inspection station owner at that same location is currently suspended or revoked[,] or is subject to a pending administrative adverse action, unless the person submits an affidavit stating the certificate holder who is the subject of the suspension, revocation, or pending action[,] has no[~~, nor will have any,~~] further involvement in the business of state inspections. The application will be rejected as incomplete if the applicant fails to submit the required affidavit.

(f) A new certification for a vehicle inspection station may be issued at the same location where the previous certificate holder as an owner or operator is pending or currently serving a suspension or revocation, if the person submits an affidavit stating the certificate holder who is the subject of the suspension or revocation[,] has no[~~, nor will have any,~~] further involvement in the business of state inspections. The affidavit must contain the statement that the affiant understands and agrees that in the event the department discovers the previous certificate holder is involved in the inspection business at that location, the certificate will be revoked under Texas Transportation Code, §548.405. In addition to the affidavit, when the change of ownership of the vehicle inspection station is by lease of the building or the inspection area, the person seeking certification must provide a copy of the lease agreement included with the application for certification as an official vehicle inspection station. The application will be rejected as incomplete if the applicant fails to submit the required affidavit.

(g) Reinstatement. Expiration of the suspension period does not result in automatic reinstatement of the certificate. Reinstatement must be requested by contacting the department, and this may be initiated prior to expiration of the suspension. In addition, to meet all qualifications for the certificate, the certificate holder must:

(1) attend and complete the vehicle inspection training program and pass the complete written and demonstration test;

(2) submit the certification fee if certification has expired during suspension; and

(3) pay all charges assessed related to the administrative hearing process, if applicable.

(h) The failure to pay an administrative penalty that has become final, whether by the passage of the deadline to appeal or by final court disposition, whichever is later, will result in suspension of the license with no further notice or right to appeal. The suspension will take effect upon the passage of the deadline to appeal and will remain in effect until the penalty is paid in full.

(i) The director or the director's designee may immediately suspend or revoke a certificate as an inspector or inspection station if the director or the director's designee finds that the action is necessary to prevent or remedy a threat to public health, safety, or welfare as described in Texas Transportation Code, §548.407(d)(1-10). Specifically, this section's emissions-related inspection violations are adopted pursuant to Texas Transportation Code, §548.302, and therefore constitute a threat to public health, safety, or welfare under §548.407(d)(8) [~~of the Act~~].

(j) For purposes of establishing a violation relating to the entry of false information or the failure to enter accurate information into the electronic database, the entry of an inspector's identifying PIN creates a rebuttable presumption that the inspector whose PIN was used committed the violation. The allegation may be rebutted by the submission of credible evidence establishing by a preponderance of evidence that another person used the inspector's PIN to commit the violation. The submission of such evidence will constitute an admission of having failed to secure the PIN and, if applicable, allowing an uncertified individual to conduct an inspection.

§23.63.Informal Hearings; Settlement Conference.

(a) A person who receives notice of the department's intention to deny an application for an inspector certificate, to suspend or revoke an inspector certificate, or to impose an administrative penalty under §23.62 of this title (relating to Violations and Penalty Schedule), may appeal the decision by submitting a request to appeal by mail, facsimile, or electronic mail[,] to the department in the manner provided on the department's Vehicle Inspection Program website within thirty (30) calendar days after receipt of notice of the department's proposed action. If a written request to appeal is not submitted within thirty (30) calendar days of the date notice was received, the right to an informal hearing or settlement conference, as applicable, or a hearing before the State Office of Administrative Hearings, is waived, and the action becomes final.

(b) If the action is based on the person's criminal history, a preliminary, telephonic hearing will be scheduled. Following the hearing, the department will either dismiss the proceedings and withdraw the proposed action[,] or issue a written statement of findings to the respondent either upholding or modifying the original proposed action.

(c) If the proposed action is based on an administrative violation, the failure to satisfy a requirement under §23.1(i) of this title (relating to New or Renewal Vehicle Inspection Station Applications), or a non-criminal history disqualifier, a settlement conference will be scheduled. The settlement conference may be conducted in person or by telephone[,] by agreement of the parties. Following the settlement conference, the parties will execute an agreed order[,] or, if no agreement is reached, the department will issue a written determination either upholding or modifying the originally proposed action.

(d) The department's findings following a preliminary hearing, or its determination following a settlement conference, may be appealed to the State Office of Administrative Hearings by submitting a request by mail, facsimile, or electronic mail[,] to the department in the manner provided on the department's Vehicle Inspection Program website[,] within thirty (30) calendar days after receipt of the findings or determination. If a written request is not submitted within thirty (30) calendar days of the date notice was received, the findings or determination shall become final.

(e) Requests for continuance must be submitted in writing at least three (3) business days prior to the scheduled hearing or conference. Requests must be based on good cause. Multiple requests may be presumed to lack good cause and may be denied on that basis.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2024.

TRD-202404831

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 24, 2024

For further information, please call: (512) 424-5848

SUBCHAPTER G. VEHICLE INSPECTION ADVISORY COMMITTEE

37 TAC §§23.71 - 23.73

The Texas Department of Public Safety (the department) proposes amendments to §§23.71 - 23.73, concerning Vehicle Inspection Advisory Committee. The amendments clarify and update the rules relating to the Vehicle Inspection Advisory Committee, including that department staff will make a record of attendance for each meeting and that the alternating acting presiding officer will prepare the agenda for the meeting over which the officer will be presiding.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be clarification of certain procedures relating to the Vehicle Inspection Advisory Committee.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit, or repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548.

Texas Government Code, §411.004(3), and Texas Transportation Code, §548.002 and §548.006 are affected by this proposal.

§23.71.Purpose and Duties of Vehicle Inspection Advisory Committee.

The purpose of the advisory committee shall be to give the department's [~~Vehicle Inspection Service~~] employees the benefit of the members' collective business, environmental, and technical expertise and experience with respect to the department's rules relating to the operation of the vehicle inspection program and make recommendations relating to the content of rules involving the operation of the vehicle inspection program. Recommendations and advice of the committee are not binding on the department. The committee will have no supervision or control over public business or policy. The advisory committee's sole duty is to advise the department on the state's vehicle inspection program. This advice shall consist of review and comment on rules considered for adoption under Texas Transportation Code, Chapter 548 and Texas Health and Safety Code, Chapter 382. The Vehicle Inspection Advisory Committee has no executive or administrative powers or duties with respect to the operation of the department, and all such powers and duties rest solely with the department. Any other specific purposes and tasks of the advisory committee shall be identified by the director.

§23.72.Attendance.

A record of attendance at each meeting of the advisory committee shall be made by department staff. Except as otherwise provided by law, if a member of the advisory committee misses three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period, that member automatically vacates his or her position on the advisory committee.

§23.73.Presiding Officer.

The members appointed by the presiding officers of the Public Safety Commission and the Conservation Commission shall alternately serve as the presiding officer of the committee, alternating between each meeting or as the members decide. The acting presiding officer will prepare a meeting agenda for the [~~each~~] meeting of the advisory committee over which the officer will be presiding. A copy of the agenda shall be provided to the department fifteen (15) working days before any scheduled meeting so that the department can arrange for the necessary staff to be in attendance and provide notification to the committee members and the public. The presiding officer shall report the committee's advice and attendance to the director. The committee may elect an assistant presiding officer and a secretary from among its members and may adopt rules for the conduct of its own activities.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2024.

TRD-202404832

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 24, 2024

For further information, please call: (512) 424-5848