Sec. 382.205. INSPECTION EQUIPMENT AND PROCEDURES. (a) The commission by rule may adopt:
(1) standards and specifications for motor vehicle emissions testing equipment;
(2) recordkeeping and reporting procedures; and
(3) measurable emissions standards a vehicle must meet to pass the inspection.
(b) In adopting standards and specifications under Subsection (a), the commission may require different types of tests for different vehicle models.
(c) In consultation with the Department of Public Safety of the State of Texas, the commission may contract with one or more private entities to provide testing equipment, training, and related services to inspection stations in exchange for part of the testing fee. A contract under this subsection may apply to one specified area of the state or to the entire state. The commission at least once during each year shall review each contract entered into under this subsection to determine whether the contracting entity is performing satisfactorily under the terms of the contract. Immediately after completing the review, the commission shall prepare a report summarizing the review and send a copy of the report to the speaker of the house of representatives, the lieutenant governor, and the governor.
(d) The Department of Public Safety of the State of Texas by rule shall adopt:
(1) testing procedures in accordance with motor vehicle emissions testing equipment specifications; and
(2) procedures for issuing a vehicle inspection report following an emissions inspection and submitting information to the inspection database described by Section 548.251, Transportation Code, following an emissions inspection.
(e) The commission and the Department of Public Safety of the State of Texas by joint rule may adopt procedures to encourage a stable private market for providing emissions testing to the public in all areas of an affected county, including:
(1) allowing facilities to perform one or more types of emissions tests; and
(2) any other measure the commission and the Department of Public Safety consider appropriate.
(f) Rules and procedures under this section must ensure that approved repair facilities participating in a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program established under Section 382.209 have access to adequate testing equipment.
(g) Subject to Subsection (h), the commission and the Department of Public Safety of the State of Texas by rule may allow alternative vehicle emissions testing if:
(1) the technology provides accurate and reliable results;
(2) the technology is widely and readily available to persons interested in performing alternative vehicle emissions testing; and
(3) the use of alternative testing is not likely to substantially affect federal approval of the state's air quality state implementation plan.
(h) A rule adopted under Subsection (g) may not be more restrictive than federal regulations governing vehicle emissions testing.
Added by Acts 1997, 75th Leg., ch. 1069, Sec. 2, eff. June 19, 1997. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 42, eff. Sept. 1, 1999. Renumbered from Sec. 382.0374 and amended by Acts 2001, 77th Leg., ch. 1075, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1291 (H.B. 2305), Sec. 7, eff. March 1, 2015.
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