CHAPTER 548. COMPULSORY INSPECTION OF VEHICLES - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 548. COMPULSORY INSPECTION OF VEHICLES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 548.001. DEFINITIONS. In this chapter:

(1) "Commercial motor vehicle" means a self-propelled or towed

vehicle, other than a farm vehicle with a gross weight,

registered weight, or gross weight rating of less than 48,000

pounds, that is used on a public highway to transport passengers

or cargo if:

(A) the vehicle, including a school activity bus as defined in

Section 541.201, or combination of vehicles has a gross weight,

registered weight, or gross weight rating of more than 26,000

pounds;

(B) the vehicle, including a school activity bus as defined in

Section 541.201, is designed or used to transport more than 15

passengers, including the driver; or

(C) the vehicle is used to transport hazardous materials in a

quantity requiring placarding by a regulation issued under the

Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et

seq.).

(2) "Commission" means the Public Safety Commission.

(3) "Conservation commission" means the Texas Commission on

Environmental Quality.

(4) "Department" means the Department of Public Safety.

(5) "Farm vehicle" has the meaning assigned by the federal motor

carrier safety regulations.

(6) "Federal motor carrier safety regulation" has the meaning

assigned by Section 644.001.

(7) "Inspection station" means a facility certified to conduct

inspections of vehicles under this chapter.

(8) "Inspector" means an individual certified to conduct

inspections of vehicles under this chapter.

(9) "Nonattainment area" means an area so designated within the

meaning of Section 107(d) of the Clean Air Act (42 U.S.C. Section

7407).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.120, 30.122(a),

eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1061, Sec. 17, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1069, Sec. 4, eff. June

19, 1997; Acts 1999, 76th Leg., ch. 663, Sec. 4, eff. June 18,

1999; Acts 2003, 78th Leg., ch. 359, Sec. 2, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1325, Sec. 16.01, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

323, Sec. 1, eff. September 1, 2007.

Sec. 548.002. DEPARTMENT RULES. The department may adopt rules

to administer and enforce this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.003. DEPARTMENT CERTIFICATION AND SUPERVISION OF

INSPECTION STATIONS. (a) The department may certify inspection

stations to carry out this chapter and may instruct and supervise

the inspection stations and mechanics for the inspection of

vehicles and equipment subject to this chapter.

(b) The department shall certify at least one inspection station

for each county.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.004. DEPARTMENT CERTIFICATION OF INSPECTION STATIONS

FOR POLITICAL SUBDIVISIONS AND STATE AGENCIES. (a) The

department may certify a vehicle maintenance facility owned and

operated by a political subdivision or agency of this state as an

inspection station.

(b) An inspection station certified under this section is

subject to the requirements of this chapter applicable to another

inspection station, except as otherwise provided by this chapter.

(c) The facility may inspect only a vehicle owned by the

political subdivision or state agency. An officer, employee, or

inspector of the subdivision or agency may not place an

inspection certificate received from the department under this

section on a vehicle not owned by the subdivision or agency.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.005. INSPECTION ONLY BY STATE-CERTIFIED AND SUPERVISED

INSPECTION STATION. A compulsory inspection under this chapter

may be made only by an inspection station, except that the

department may:

(1) permit inspection to be made by an inspector under terms and

conditions the department prescribes;

(2) authorize the acceptance in this state of a certificate of

inspection and approval issued in another state having a similar

inspection law; and

(3) authorize the acceptance in this state of a certificate of

inspection and approval issued in compliance with 49 C.F.R. Part

396 to a motor bus, as defined by Section 502.001, that is

registered in this state but is not domiciled in this state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 6.09, eff. September 1, 2009.

Sec. 548.006. ADVISORY COMMITTEE. (a) An advisory committee

consisting of nine members shall:

(1) advise the conservation commission and the department on the

conservation commission's and department's rules relating to the

operation of the vehicle inspection program under this chapter;

(2) make recommendations to the conservation commission and the

department relating to the content of rules involving the

operation of the vehicle inspection program; and

(3) perform any other advisory function requested by the

conservation commission or the department in administering this

chapter and Chapter 382, Health and Safety Code.

(b) The members of the commission shall appoint seven members of

the committee as follows:

(1) four persons to represent inspection station owners and

operators, with two of those persons from counties conducting

vehicle emissions testing under Subchapter F and two of those

persons from counties conducting safety only inspections;

(2) one person to represent manufacturers of motor vehicle

emissions inspection devices;

(3) one person to represent independent vehicle equipment repair

technicians; and

(4) one person to represent the public interest.

(c) The presiding officer of the conservation commission and the

presiding officer of the commission shall each appoint one member

of the committee who will alternate serving as the presiding

officer of the committee.

(d) Committee members serve staggered three-year terms.

(e) A vacancy on the committee is filled in the same manner as

other appointments to the committee.

(f) A member of the committee is not entitled to compensation,

but is entitled to reimbursement of the member's travel expenses

as provided in the General Appropriations Act for state

employees.

(g) 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.

(h) The committee is entitled to review and comment on rules to

be considered for adoption by the conservation commission, the

commission, or the department under this chapter or Chapter 382,

Health and Safety Code, before the rules are adopted.

(i) The committee shall hold a meeting at least once each

quarter.

(j) Chapter 2110, Government Code, does not apply to the

committee.

Added by Acts 2001, 77th Leg., ch. 1075, Sec. 7, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

323, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 1.01, eff. September 1, 2009.

Sec. 548.007. CONTRACTS AND INSTRUMENTS TO IMPLEMENT CERTAIN

INSPECTION AND MAINTENANCE PROGRAMS. The department may execute

any contract or instrument that is necessary or convenient to

exercise its powers or perform its duties in implementing a motor

vehicle emissions inspection and maintenance program under

Section 382.302, Health and Safety Code.

Added by Acts 2003, 78th Leg., ch. 203, Sec. 3, eff. June 10,

2003.

Sec. 548.008. VEHICLE INSPECTION PROGRAM DIRECTOR. (a) The

vehicle inspection program is managed by a program director. The

program director may not be a commissioned officer.

(b) The office of the vehicle inspection program director must

be located in Austin, Texas.

(c) The duties of the program director include:

(1) responsibility for the quality of the vehicle inspection

program;

(2) coordination of the regional offices;

(3) compilation of regional and statewide performance data;

(4) the establishment of best practices and distribution of

those practices to the regional offices;

(5) setting goals for the entire program, in consultation with

the public safety director or the public safety director's

designee, and setting goals for each regional office in

consultation with the regional managers;

(6) monitoring the progress toward the goals set in Subdivision

(5) and evaluating the program based on that progress; and

(7) coordination with the Texas Highway Patrol to enforce

provisions related to vehicle inspection.

(d) The regional offices shall make reports as requested by the

program director.

Added by Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 1.02, eff. September 1, 2009.

SUBCHAPTER B. VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION AND

REINSPECTION

Sec. 548.051. VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION. (a)

A motor vehicle, trailer, semitrailer, pole trailer, or mobile

home, registered in this state, must have the following items

inspected at an inspection station or by an inspector:

(1) tires;

(2) wheel assembly;

(3) safety guards or flaps, if required by Section 547.606;

(4) brake system, including power brake unit;

(5) steering system, including power steering;

(6) lighting equipment;

(7) horns and warning devices;

(8) mirrors;

(9) windshield wipers;

(10) sunscreening devices, unless the vehicle is exempt from

sunscreen device restrictions under Section 547.613;

(11) front seat belts in vehicles on which seat belt anchorages

were part of the manufacturer's original equipment;

(12) tax decal, if required by Section 548.104(d)(1);

(13) exhaust system;

(14) exhaust emission system;

(15) fuel tank cap, using pressurized testing equipment approved

by department rule; and

(16) emissions control equipment as designated by department

rule.

(b) A moped is subject to inspection in the same manner as a

motorcycle, except that the only items of equipment required to

be inspected are the brakes, headlamps, rear lamps, and

reflectors, which must comply with the standards prescribed by

Sections 547.408 and 547.801.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 29, eff. Sept. 1,

1999.

Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This chapter

does not apply to:

(1) a trailer, semitrailer, pole trailer, or mobile home moving

under or bearing a current factory-delivery license plate or

current in-transit license plate;

(2) a vehicle moving under or bearing a paper dealer in-transit

tag, machinery license, disaster license, parade license, prorate

tab, one-trip permit, antique license, temporary 24-hour permit,

or permit license;

(3) a trailer, semitrailer, pole trailer, or mobile home having

an actual gross weight or registered gross weight of 4,500 pounds

or less;

(4) farm machinery, road-building equipment, a farm trailer, or

a vehicle required to display a slow-moving-vehicle emblem under

Section 547.703;

(5) a former military vehicle, as defined by Section 502.275;

(6) a vehicle qualified for a tax exemption under Section

152.092, Tax Code; or

(7) a vehicle for which a certificate of title has been issued

but that is not required to be registered.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.121(a), eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 963, Sec. 1, eff. June

18, 1999; Acts 1999, 76th Leg., ch. 1423, Sec. 7, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1420, Sec. 19.006, eff. Sept. 1,

2001.

Sec. 548.053. REINSPECTION OF VEHICLE REQUIRING ADJUSTMENT,

CORRECTION, OR REPAIR. (a) If an inspection discloses the

necessity for adjustment, correction, or repair, an inspection

station or inspector may not issue an inspection certificate

until the adjustment, correction, or repair is made. The owner of

the vehicle may have the adjustment, correction, or repair made

by a qualified person of the owner's choice, subject to

reinspection. The vehicle shall be reinspected once free of

charge within 15 days after the date of the original inspection,

not including the date the original inspection is made, at the

same inspection station after the adjustment, correction, or

repair is made.

(b) A vehicle that is inspected and is subsequently involved in

an accident affecting the safe operation of an item of inspection

must be reinspected following repair. The reinspection must be at

an inspection station and shall be treated and charged as an

initial inspection.

(c) If a vehicle subject to this chapter is damaged to the

apparent extent that it would require repair before passing

inspection, the investigating officer shall remove the inspection

certificate from the vehicle windshield and give the operator of

the vehicle a dated receipt. The vehicle must be reinspected not

later than the 30th day after the date shown on the receipt.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. PERIODS OF INSPECTION; PREREQUISITES TO ISSUANCE OF

INSPECTION CERTIFICATE

Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. Except as

provided by Section 548.102, the department shall require an

annual inspection. The department shall set the periods of

inspection and may make rules with respect to those periods.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.102. TWO-YEAR INITIAL INSPECTION PERIOD FOR PASSENGER

CAR OR LIGHT TRUCK. (a) The initial inspection period is two

years for a passenger car or light truck that:

(1) is sold in this state;

(2) has not been previously registered in this or another state;

and

(3) on the date of sale is of the current or preceding model

year.

(b) This section does not affect a requirement that a motor

vehicle emission inspection be conducted during an initial

inspection period in a county covered by an inspection and

maintenance program approved by the United States Environmental

Protection Agency under Section 548.301 and the Clean Air Act (42

U.S.C. Section 7401 et seq.).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.103. EXTENDED INSPECTION PERIOD FOR CERTAIN VEHICLES.

The department may extend the time within which the resident

owner of a vehicle that is not in this state when an inspection

is required must obtain an inspection certificate in this state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.104. EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE OF

INSPECTION CERTIFICATE. (a) The commission shall adopt uniform

standards of safety applicable to each item required to be

inspected by Section 548.051. The standards and the list of items

to be inspected shall be posted in each inspection station.

(b) An inspection station or inspector may issue an inspection

certificate only if the vehicle is inspected and found to be in

proper and safe condition and to comply with this chapter and the

rules adopted under this chapter.

(c) An inspection station or inspector may inspect only the

equipment required to be inspected by Section 548.051 and may

not:

(1) falsely and fraudulently represent to an applicant that

equipment required to be inspected must be repaired, adjusted, or

replaced before the vehicle will pass inspection; or

(2) require an applicant to have another part of the vehicle or

other equipment inspected as a prerequisite for issuance of an

inspection certificate.

(d) An inspection station or inspector may not issue an

inspection certificate for a vehicle equipped with:

(1) a carburetion device permitting the use of liquefied gas

alone or interchangeably with another fuel, unless a valid

liquefied gas tax decal issued by the comptroller is attached to

the lower right-hand corner of the front windshield of the

vehicle on the passenger side; or

(2) a sunscreening device prohibited by Section 547.613, except

that the department by rule shall provide procedures for issuance

of an inspection certificate for a vehicle exempt under Section

547.613(c).

(e) The department shall adopt rules relating to inspection of

and issuance of an inspection certificate for a moped.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.105. EVIDENCE OF FINANCIAL RESPONSIBILITY AS

PREREQUISITE TO ISSUANCE OF INSPECTION CERTIFICATE. (a) An

inspection station or inspector may not issue an inspection

certificate for a vehicle unless the owner or operator furnishes

evidence of financial responsibility at the time of inspection.

Evidence of financial responsibility may be shown in the manner

specified under Section 601.053(a). A personal automobile

insurance policy used as evidence of financial responsibility

must be written for a term of 30 days or more as required by

Article 5.06, Insurance Code.

(b) An inspection station is not liable to a person, including a

third party, for issuing an inspection certificate in reliance on

evidence of financial responsibility furnished to the station. An

inspection station that is the seller of a motor vehicle may rely

on an oral insurance binder.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. INSPECTION OF COMMERCIAL MOTOR VEHICLES

Sec. 548.201. COMMERCIAL MOTOR VEHICLE INSPECTION PROGRAM. (a)

The commission shall establish an inspection program for

commercial motor vehicles that:

(1) meets the requirements of federal motor carrier safety

regulations; and

(2) requires a commercial motor vehicle registered in this state

to pass an annual inspection of all safety equipment required by

the federal motor carrier safety regulations.

(b) A program under this section also applies to any:

(1) vehicle or combination of vehicles with a gross weight

rating of more than 10,000 pounds that is operated in interstate

commerce and registered in this state;

(2) school activity bus, as defined in Section 541.201, that has

a gross weight, registered weight, or gross weight rating of more

than 26,000 pounds, or is designed to transport more than 15

passengers, including the driver; and

(3) school bus that will operate at a speed authorized by

Section 545.352(b)(5)(A).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1061, Sec. 18, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 663, Sec. 5, eff. June 18, 1999.

Sec. 548.202. GENERAL APPLICABILITY OF CHAPTER TO COMMERCIAL

MOTOR VEHICLES. This chapter applies to a commercial motor

vehicle inspection program established under Section 548.201

except as otherwise provided.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.203. EXEMPTIONS. The commission by rule may exempt a

type of commercial motor vehicle from the application of this

subchapter if the vehicle:

(1) was manufactured before September 1, 1995;

(2) is operated only temporarily on a highway of this state and

at a speed of less than 30 miles per hour; and

(3) complies with Section 548.051 and each applicable provision

in Title 49, Code of Federal Regulations.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.122(b), eff.

Sept. 1, 1997.

SUBCHAPTER E. ISSUANCE, RECORDING, AND PROOF OF INSPECTION

CERTIFICATES AND VERIFICATION FORMS

Sec. 548.251. DEPARTMENT TO PROVIDE INSPECTION CERTIFICATES AND

VERIFICATION FORMS. The department shall provide serially

numbered inspection certificates and verification forms to

inspection stations. The department may issue a unique inspection

certificate for:

(1) a commercial motor vehicle inspected under Section 548.201;

or

(2) a vehicle inspected under Subchapter F.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.123(c), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1069, Sec. 5, eff. June

19, 1997.

Sec. 548.252. SAFEKEEPING AND CONTROL OF INSPECTION CERTIFICATES

AND VERIFICATION FORMS. On being licensed, an inspector or owner

of an inspection station shall:

(1) provide for the safekeeping of inspection certificates and

verification forms;

(2) safeguard the certificates and forms against theft, loss, or

damage;

(3) control the sequence of issuance of the certificates and

forms; and

(4) ensure that the certificates and forms are issued in

accordance with department rules.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.253. INFORMATION TO BE RECORDED ON ISSUANCE OF

INSPECTION CERTIFICATE AND VERIFICATION FORM. An inspection

station or inspector, on issuing an inspection certificate and

verification form, shall:

(1) make a record and report as prescribed by the department of

the inspection and certificate issued; and

(2) include in the inspection certificate and verification form

the information required by the department for the type of

vehicle inspected.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.254. VALIDITY OF INSPECTION CERTIFICATE. An inspection

certificate is invalid after the end of the 12th month following

the month in which the certificate is issued. An unused

inspection certificate representing a previous inspection period

may not be issued after the beginning of the next period.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.255. ATTACHMENT OR PRODUCTION OF INSPECTION

CERTIFICATE. (a) An inspection certificate shall be attached to

or produced for a vehicle in the manner required by department

rule.

(b) The department shall:

(1) require that a certificate for a motorcycle be attached to

the rear of the motorcycle near the license plate; and

(2) adopt rules with respect to display of an inspection

certificate for a moped.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.256. VERIFICATION FORM REQUIRED TO REGISTER VEHICLE.

(a) Before a vehicle that is brought into this state by a person

other than a manufacturer or importer may be registered, the

owner must have the vehicle inspected and have the inspection

station record the following information on a verification form

prescribed and provided by the department:

(1) the vehicle identification number;

(2) the number appearing on the odometer of the vehicle at the

time of the inspection, if the vehicle has an odometer; and

(3) other information the department requires.

(b) An inspection station may not issue the verification form

unless the vehicle complies with the inspection requirements of

this chapter.

(c) Repealed by Acts 2005, 79th Leg., Ch. 1125, Sec. 22, eff.

September 1, 2005.

(d) Repealed by Acts 2005, 79th Leg., Ch. 1125, Sec. 22, eff.

September 1, 2005.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.123(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1069, Sec. 19(2), eff.

June 19, 1997; Acts 1999, 76th Leg., ch. 1423, Sec. 8, 9, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 967, Sec. 9, eff. Sept.

1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1125, Sec. 22, eff. September 1, 2005.

Sec. 548.257. LOST, STOLEN, OR DESTROYED CERTIFICATE. (a) If

an inspection certificate is lost, stolen, or destroyed during

the period during which the certificate is valid, the vehicle

must be reinspected and any applicable fee paid before a new

certificate is issued, except that the vehicle is not subject to

any emissions inspection. The replacement certificate is valid

for the remaining period of validity of the original certificate.

(b) The department by rule shall specify the method for

establishing that:

(1) the certificate has been lost, stolen, or destroyed; and

(2) the reinspection is within the period of validity of the

lost, stolen, or destroyed certificate.

(c) As part of its rules under Subsection (b), the department

shall adopt measures to ensure that the reinspection procedure

provided by this section is not used fraudulently to avoid any

required inspection.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 19.03, eff. Sept.

1, 2003.

Sec. 548.258. USE OF TEXASONLINE. (a) In this section,

"TexasOnline" has the meaning assigned by Section 2054.003,

Government Code.

(b) The department may adopt rules to require an inspection

station to use TexasOnline to:

(1) purchase inspection certificates; or

(2) send to the department a record, report, or other

information required by the department.

Added by Acts 2005, 79th Leg., Ch.

1260, Sec. 22, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1292, Sec. 11, eff. June 18, 2005.

SUBCHAPTER F. MOTOR VEHICLE EMISSIONS INSPECTION AND MAINTENANCE

Sec. 548.301. COMMISSION TO ESTABLISH PROGRAM. (a) The

commission shall establish a motor vehicle emissions inspection

and maintenance program for vehicles as required by any law of

the United States or the state's air quality state implementation

plan.

(b) The commission by rule may establish a motor vehicle

emissions inspection and maintenance program for vehicles

specified by the conservation commission in a county for which

the conservation commission has adopted a resolution requesting

the commission to establish such a program and for which the

county and the municipality with the largest population in the

county by resolution have formally requested a proactive air

quality plan consisting of such a program.

(b-1) The commission by rule may establish a motor vehicle

emissions inspection and maintenance program for vehicles subject

to an early action compact as defined by Section 382.301, Health

and Safety Code, that is consistent with the early action

compact.

(c) A program established under Subsection (b) or (b-1) may

include reregistration-based enforcement.

(d) A vehicle emissions inspection under this section may be

performed by the same facility that performs a safety inspection

if the facility is authorized and certified by the department to

perform the vehicle emissions inspection and certified by the

department to perform the safety inspection.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.123(d), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1069, Sec. 6, eff. June

19, 1997; Acts 2001, 77th Leg., ch. 1075, Sec. 8, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 203, Sec. 4, eff. June 10, 2003.

Sec. 548.3011. EMISSIONS TEST ON RESALE. (a) This section

applies only to a vehicle:

(1) the most recent certificate of title for which or

registration of which was issued in a county without a motor

vehicle emissions inspection and maintenance program; and

(2) the ownership of which has changed and which has been the

subject of a retail sale as defined by Section 2301.002,

Occupations Code.

(b) Notwithstanding Subsection (a), this section does not apply

to a vehicle that is a 1996 or newer model that has less than

50,000 miles.

(c) A vehicle subject to this section is not eligible for a

title receipt under Section 501.024, a certificate of title under

Section 501.027, or registration under Chapter 502 in a county

with a motor vehicle emissions inspection and maintenance program

unless proof is presented with the application for certificate of

title or registration, as appropriate, that the vehicle, not

earlier than the 90th day before the date on which the new

owner's application for certificate of title or registration is

filed with the county clerk or county assessor-collector, as

appropriate, has passed an approved vehicle emissions test in the

county in which it is to be titled or registered.

(d) The proof required by Subsection (c) may be in the form of a

Vehicle Inspection Report (VIR) or other proof of program

compliance as authorized by the department.

Added by Acts 2001, 77th Leg., ch. 1075, Sec. 9, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.834,

eff. Sept. 1, 2003.

Sec. 548.3012. EXEMPTION: VEHICLE NOT USED PRIMARILY IN COUNTY

OF REGISTRATION. (a) This section applies only to a vehicle

that:

(1) is to be registered in a county with a motor vehicle

emissions inspection and maintenance program; and

(2) will be used in that county for fewer than 60 days during

the registration period for which registration is sought.

(b) The owner of a vehicle described by Subsection (a) may

obtain for that vehicle an exemption from the vehicle emissions

test requirements of this subchapter by submitting to the county

assessor-collector an affidavit stating that the named vehicle

will be used in the county of registration for fewer than 60

calendar days during the registration period for which

registration is sought.

Added by Acts 2001, 77th Leg., ch. 1075, Sec. 9, eff. Sept. 1,

2001.

Sec. 548.302. COMMISSION TO ADOPT STANDARDS AND REQUIREMENTS.

The commission shall:

(1) adopt standards for emissions-related inspection criteria

consistent with requirements of the United States and the

conservation commission applicable to a county in which a program

is established under this subchapter; and

(2) develop and impose requirements necessary to ensure that an

inspection certificate is not issued to a vehicle subject to a

program established under this subchapter unless the vehicle has

passed a motor vehicle emissions inspection at a facility

authorized and certified by the department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.123(e), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1069, Sec. 7, eff. June

19, 1997.

Sec. 548.303. PROGRAM ADMINISTRATION. The commission shall

administer the motor vehicle emissions inspection and maintenance

program under this subchapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.123(f), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1069, Sec. 8, eff. June

19, 1997.

Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS

INSPECTIONS. (a) The department may authorize and certify

inspection stations as necessary to implement the

emissions-related inspection requirements of the motor vehicle

emissions inspection and maintenance program established under

this subchapter if the station meets the department's

certification requirements.

(b) The department shall provide inspection certificates for

distribution and issuance at inspection stations certified by the

department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.123(g), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1069, Sec. 9, eff. June

19, 1997.

Sec. 548.3045. APPOINTMENT OF DECENTRALIZED FACILITY. (a) The

department may issue an inspection station certificate to a

decentralized facility authorized and licensed by the department

under Section 548.304 if the facility meets the certification

requirements of that section and the department.

(b) A decentralized facility issued a certificate under

Subsection (a) is authorized to perform an inspection under this

subchapter or Subchapter B.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.123(h), eff.

Sept. 1, 1997.

Sec. 548.306. EXCESSIVE MOTOR VEHICLE EMISSIONS. (a) This

section applies to a motor vehicle registered or operated for

more than 60 days per calendar year in:

(1) a county or a portion of a county designated by department

rule in accordance with Section 548.301; or

(2) a county adjacent to a county described in Subdivision (1).

(b) The registered owner of a motor vehicle commits an offense

if the vehicle, in an area described by Subsection (a), emits:

(1) hydrocarbons, carbon monoxide, or nitrogen oxide in an

amount that is excessive under United States Environmental

Protection Agency standards or standards provided by department

rule; or

(2) another vehicle-related pollutant that is listed by a

department rule adopted to comply with Part A, National Emission

Standards Act (42 U.S.C. Sections 7602-7619), or rules of the

United States Environmental Protection Agency in an amount

identified as excessive under that rule.

(c) The department shall provide a notice of violation to the

registered owner of a vehicle that is detected violating

Subsection (b). The notice of violation must be made by personal

delivery to the registered owner or by mailing the notice to the

registered owner at the last known address of the owner. The

department shall include in the notice the date and location of

the violation detected and instructions for the registered owner

explaining how the owner must proceed to obtain and pass a

verification emissions inspection and to make any repair to the

vehicle necessary to pass the inspection and explaining any

extension or assistance that may be available to the owner for

making any necessary repair. Notice by mail is presumed delivered

on the 10th day after the date the notice is deposited in the

mail.

(d) A registered owner of a vehicle commits an offense if:

(1) notice is delivered to the owner under Subsection (c); and

(2) the owner fails to comply with any provision of the notice

before the 31st day after the date the notice is delivered.

(e) An offense under this section is a misdemeanor punishable by

a fine of not less than $1 and not more than $350. If a person

has previously been convicted of an offense under this section,

an offense under this section is a misdemeanor punishable by a

fine of not less than $200 and not more than $1,000.

(f) It is an affirmative defense to an offense under this

section that the registered owner of the vehicle, before the 31st

day after the date the owner receives a notice of violation:

(1) after a verification emissions inspection indicated that the

vehicle did not comply with applicable emissions standards,

repaired the vehicle as necessary and passed another verification

emissions inspection; and

(2) has complied with rules of the department concerning a

violation under this section.

(g) The department may contract with a private person to

implement this section. The person must comply with terms,

policies, rules, and procedures the department adopts to

administer this section.

(h) The Texas Department of Transportation may deny

reregistration of a vehicle if the registered owner of the

vehicle has received notification under Subsection (c) and the

vehicle has not passed a verification emissions inspection.

(i) A hearing for a citation issued under this section shall be

heard by a justice of the peace of any precinct in the county in

which the vehicle is registered.

(j) Enforcement of the remote sensing component of the vehicle

emissions inspection and maintenance program may not involve any

method of screening in which the registered owner of a vehicle

found to have allowable emissions by remote sensing technology is

charged a fee.

(k) The department by rule may require that a vehicle determined

by on-road testing to have excessive emissions be assessed an

on-road emissions testing fee not to exceed the emissions testing

fee charged by a certified emissions testing facility.

(l) The department by rule may establish procedures for

reimbursing a fee for a verification test required by Subsection

(c) if the owner demonstrates to the department's satisfaction

that:

(1) the vehicle passed the verification emissions test not later

than the 30th day after the date the vehicle owner received

notice that the vehicle was detected as having excessive

emissions; and

(2) the vehicle did not receive any repair, modification,

alteration, or additive to the fuel, fuel tank, fuel delivery

system, engine, exhaust system, or any attached emissions control

components that would have, or could have, caused the vehicle to

experience improved emissions performance between the date of

detection and the date of the verification emissions test.

Added by Acts 1997, 75th Leg., ch. 1069, Sec. 10, eff. June 19,

1997. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 30, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1075, Sec. 10, eff.

Sept. 1, 2001.

Sec. 548.3065. ADMINISTRATIVE PENALTY. (a) In lieu of criminal

proceedings for a violation of Section 548.306, the department

may impose an administrative penalty against a person who

knowingly violates this chapter or a rule adopted by the

commission under this chapter.

(b) The amount of the administrative penalty may not exceed

$1,000 for each violation. The aggregate penalty for multiple

violations may not exceed $10,000. Each day a violation continues

or occurs is a separate violation for purposes of imposing a

penalty.

(c) Except as otherwise provided by this section, the procedures

for determining and administering an administrative penalty under

this section against a person charged with violating this chapter

are the same as those prescribed by Section 643.251 for

determining and administering an administrative penalty against a

motor carrier under that section.

(d) An administrative penalty collected under this section shall

be deposited in a special account in the general revenue fund and

may be used only by the department.

Added by Acts 2001, 77th Leg., ch. 1075, Sec. 11, eff. Sept. 1,

2001.

Sec. 548.307. ALTERNATIVE TESTING METHODOLOGY FOR CERTAIN

COUNTIES. The commission by rule may establish procedures for

testing and enforcing vehicle emissions standards by use of

alternative testing methodology that meets or exceeds United

States Environmental Protection Agency requirements in a county

participating in an early action compact under Subchapter H,

Chapter 382, Health and Safety Code.

Added by Acts 2003, 78th Leg., ch. 203, Sec. 5, eff. June 10,

2003.

Text of section effective on December 31, 2010

Sec. 548.3075. LIMITED EMISSIONS INSPECTIONS. (a) In this

section, "limited emissions inspection" means an emissions

inspection of a motor vehicle conducted only by using the onboard

diagnostic system of the vehicle.

(b) A department rule that allows a qualified inspection station

to perform a limited emissions inspection of a motor vehicle may

not restrict the station to fewer than 150 inspections per month.

Added by Acts 2009, 81st Leg., R.S., Ch.

1110, Sec. 1, eff. December 31, 2010.

SUBCHAPTER G. CERTIFICATION OF INSPECTION STATION OR INSPECTOR

Sec. 548.401. CERTIFICATION GENERALLY. A person may perform an

inspection or issue an inspection certificate only if certified

to do so by the department under rules adopted by the department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.402. APPLICATION FOR CERTIFICATION AS INSPECTION

STATION. (a) To operate as an inspection station, a person must

apply to the department for certification. The application must:

(1) be filed with the department on a form prescribed and

provided by the department; and

(2) state:

(A) the name of the applicant;

(B) if the applicant is an association, the names and addresses

of the persons constituting the association;

(C) if the applicant is a corporation, the names and addresses

of its principal officers;

(D) the name under which the applicant transacts or intends to

transact business;

(E) the location of the applicant's place of business in the

state; and

(F) other information required by the department, including

information required by the department for identification.

(b) The application must be signed and sworn or affirmed by:

(1) if the applicant is an individual, the owner; or

(2) if the applicant is a corporation, an executive officer or

person specifically authorized by the corporation to sign the

application, to which shall be attached written evidence of the

person's authority.

(c) An applicant who has or intends to have more than one place

of business in this state must file a separate application for

each place of business.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.403. APPROVAL AND CERTIFICATION AS INSPECTION STATION.

(a) The department may approve an application for certification

as an inspection station only if:

(1) the location complies with department requirements; and

(2) the applicant complies with department rules.

(b) On approval of an application, the department shall issue to

the applicant an inspection station certificate. The certificate

is valid for each person in whose name the certificate is issued

and for the transaction of business at the location designated in

the certificate. A certificate is not assignable.

(c) An inspection station certificate shall be conspicuously

displayed at the station for which the certificate was issued.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.4035. ENTRY ONTO PREMISES. (a) A member, employee, or

agent of the department may enter an inspection station during

normal business hours to conduct an investigation, inspection, or

audit of the inspection station or an inspector to determine

whether the inspection station or inspector is in compliance

with:

(1) this chapter;

(2) department rules under this chapter; or

(3) Chapter 382, Health and Safety Code.

(b) A member, employee, or agent of the department who enters an

inspection station for a purpose described by Subsection (a):

(1) shall notify the manager or person in charge of the

inspection station of the presence of the member, employee, or

agent;

(2) shall present the manager or person in charge of the

inspection station with proper credentials identifying the

member, employee, or agent as a member, employee, or agent of the

department; and

(3) is entitled to have access to emissions testing equipment,

inspection records, and any required inspection station

certificate or inspector certificate.

(c) A member, employee, or agent of the department who enters an

inspection station to conduct an investigation, inspection, or

audit under Subsection (a) must observe the inspection station's

rules relating to safety, security, and fire protection.

(d) Subsection (b) does not prohibit the department from

conducting an undercover investigation or a covert audit of an

inspection station.

Added by Acts 2001, 77th Leg., ch. 1169, Sec. 1, eff. Sept. 1,

2001.

Sec. 548.404. APPLICATION FOR CERTIFICATION AS INSPECTOR. An

application for certification as an inspector shall:

(1) be made on a form prescribed and provided by the department;

and

(2) state:

(A) the name of the applicant;

(B) the address of the applicant's residence and place of

employment;

(C) the applicant's driver's license number; and

(D) other information required by the department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.405. DENIAL, REVOCATION, OR SUSPENSION OF CERTIFICATE.

(a) The department may deny a person's application for a

certificate, revoke or suspend the certificate of a person,

inspection station, or inspector, place on probation a person who

holds a suspended certificate, or reprimand a person who holds a

certificate if:

(1) the station or inspector conducts an inspection, fails to

conduct an inspection, or issues a certificate:

(A) in violation of this chapter or a rule adopted under this

chapter; or

(B) without complying with the requirements of this chapter or a

rule adopted under this chapter;

(2) the person, station, or inspector commits an offense under

this chapter or violates this chapter or a rule adopted under

this chapter;

(3) the applicant or certificate holder does not meet the

standards for certification under this chapter or a rule adopted

under this chapter;

(4) the station or inspector does not maintain the

qualifications for certification or does not comply with a

certification requirement under Subchapter G;

(5) the certificate holder or the certificate holder's agent,

employee, or representative commits an act or omission that would

cause denial, revocation, or suspension of a certificate to an

individual applicant or certificate holder;

(6) the station or inspector does not pay a fee required by

Subchapter H; or

(7) the inspector or owner of an inspection station is convicted

of a:

(A) felony or Class A or Class B misdemeanor;

(B) similar crime under the jurisdiction of another state or the

federal government that is punishable to the same extent as a

felony or a Class A or Class B misdemeanor in this state; or

(C) crime under the jurisdiction of another state or the federal

government that would be a felony or a Class A or Class B

misdemeanor if the crime were committed in this state.

(b) For purposes of Subsection (a)(7), a person is convicted of

an offense if a court enters against the person an adjudication

of the person's guilt, including an order of probation or

deferred adjudication.

(c) If the department suspends a certificate because of a

violation of Subchapter F, the suspension must be for a period of

not less than six months. The suspension may not be probated or

deferred.

(d) Until an inspector or inspection station whose certificate

is suspended or revoked receives a new certificate, has the

certificate reinstated, or has the suspension expire, the

inspector or station may not be directly or indirectly involved

in an inspection operation.

(e) An immediate family member of an inspector or owner of an

inspection station whose certificate is suspended or revoked may

not be granted a certificate under this subchapter if the

location of the family member's place of business is the same as

that of the inspector or owner whose certificate is suspended or

revoked unless the family member proves that the inspector or

owner whose certificate is suspended or revoked has no

involvement with the family member's place of business.

(f) Subsection (a) applies to:

(1) each member of a partnership or association issued a

certificate under this subchapter;

(2) each director or officer of a corporation issued a

certificate under this subchapter; and

(3) a shareholder who receives compensation from the day-to-day

operation of the corporation in the form of a salary.

(g) The department may not suspend, revoke, or deny all

certificates of a person who holds more than one inspection

station certificate based on a suspension, revocation, or denial

of one of that person's inspection station certificates without

proof of culpability related to a prior action under this

subsection.

(h) The department shall develop, by September 1, 2002, a

penalty schedule consisting of warnings, re-education,

suspensions, and revocations based on the severity and frequency

of offenses committed under Chapter 548, Transportation Code, and

rules adopted by the department under this chapter.

(i) The department shall develop, by September 1, 2002, a

penalty schedule consisting of suspensions and revocations based

on the severity and frequency of offenses committed in the

emissions testing of motor vehicles under Section 382.202, Health

and Safety Code, and Chapter 548, Subchapter F, of this code.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1069, Sec. 11, eff. June 19,

1997; Acts 1999, 76th Leg., ch. 1189, Sec. 31, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1169, Sec. 2, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 1276, Sec. 10.008(d), eff. Sept. 1,

2003.

Sec. 548.406. CERTIFICATE HOLDER ON PROBATION MAY BE REQUIRED TO

REPORT. The director may require the holder of a suspended

certificate who is placed on probation to report regularly to the

department on a matter that is the basis of the probation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.407. HEARING ON DENIAL, REVOCATION, OR SUSPENSION OF

CERTIFICATE. (a) Before an application for certification as an

inspection station or inspector is denied, the director or a

person the director designates shall give the person written

notification of:

(1) the proposed denial;

(2) each reason for the proposed denial; and

(3) the person's right to an administrative hearing to determine

whether the evidence warrants the denial.

(b) Before a certificate of appointment as an inspector or

inspection station is revoked or suspended, the director or a

person the director designates shall give written notification to

the inspector or inspection station of the revocation or the

period of suspension. The notice shall include:

(1) the effective date of the revocation or the period of the

suspension, as applicable;

(2) each reason for the revocation or suspension; and

(3) a statement explaining the person's right to an

administrative hearing to determine whether the evidence warrants

the revocation or suspension.

(c) Notice under Subsection (a) or (b) must be made by personal

delivery or by mail to the last address given to the department

by the person.

(d) The department may provide that a revocation or suspension

takes effect on receipt of notice under Subsection (b) if the

department finds that the action is necessary to prevent or

remedy a threat to public health, safety, or welfare. Violations

that present a threat to public health, safety, or welfare

include:

(1) issuing an inspection certificate with knowledge that the

issuance is in violation of this chapter or rules adopted under

this chapter;

(2) falsely or fraudulently representing to the owner or

operator of a vehicle that equipment inspected or required to be

inspected must be repaired, adjusted, or replaced for the vehicle

to pass an inspection;

(3) issuing an inspection certificate:

(A) without authorization to issue the certificate; or

(B) without inspecting the vehicle;

(4) issuing an inspection certificate for a vehicle with

knowledge that the vehicle has not been repaired, adjusted, or

corrected after an inspection has shown a repair, adjustment, or

correction to be necessary;

(5) knowingly issuing an inspection certificate:

(A) for a vehicle without conducting an inspection of each item

required to be inspected; or

(B) for a vehicle that is missing an item required to be

inspected or that has an item required to be inspected that is

not in compliance with state law or department rules;

(6) refusing to allow a vehicle's owner to have a qualified

person of the owner's choice make a required repair, adjustment,

or correction;

(7) charging for an inspection an amount greater than the

authorized fee;

(8) a violation of Subchapter F;

(9) a violation of Section 548.603; or

(10) a conviction of a felony or a Class A or B misdemeanor that

directly relates to or affects the duties or responsibilities of

a vehicle inspection station or inspector or a conviction of a

similar crime under the jurisdiction of another state or the

federal government.

(e) For purposes of Subsection (d)(10), a person is convicted of

an offense if a court enters against the person an adjudication

of the person's guilt, including an order of probation or

deferred adjudication.

(f) To obtain an administrative hearing on a denial, suspension,

or revocation under this section, a person must submit a written

request for a hearing to the director not later than the 20th day

after the date notice is delivered personally or is mailed.

(g) If the director receives a timely request under Subsection

(f), the director shall provide the person with an opportunity

for a hearing as soon as practicable. A hearing on a revocation

or suspension under Subsection (d) that takes effect on receipt

of the notice must be held not later than 14 days after the

department receives the request for hearing. The revocation or

suspension continues in effect until the hearing is completed if

the hearing is continued beyond the 14-day period:

(1) at the request of the inspector or inspection station; or

(2) on a finding of good cause by a judge, administrative law

judge, or hearing officer.

(h) If the director does not receive a timely request under

Subsection (f), the director may deny the application, revoke or

suspend a certificate, or sustain the revocation or suspension of

a certificate without a hearing.

(i) Except as provided by Subsection (g), the hearing must be

held not earlier than the 11th day after the date written notice

of the hearing and a copy of the charges is given to the person

by personal service or by certified mail to the last address

given to the department by the person.

(j) The director or a person designated by the director shall

conduct the hearing and may administer oaths and issue subpoenas

for the attendance of witnesses and the production of relevant

books, papers, or documents. If the hearing is conducted by a

person designated by the director, the director may take action

under this section on a recommendation of the designated person.

(k) On the basis of the evidence submitted at the hearing, the

director may deny the application or revoke or suspend the

certificate.

(l) If an administrative law judge of the State Office of

Administrative Hearings conducts a hearing under this section and

the proposal for decision supports the position of the

department, the proposal for decision may recommend a denial of

an application or a revocation or suspension of a certificate

only. The proposal may not recommend a reprimand or a probated or

otherwise deferred disposition of the denial, revocation, or

suspension. If the administrative law judge makes a proposal for

a decision to deny an application or to suspend or revoke a

certificate, the administrative law judge shall include in the

proposal a finding of the costs, fees, expenses, and reasonable

and necessary attorney's fees the state incurred in bringing the

proceeding. The director may adopt the finding for costs, fees,

and expenses and make the finding a part of the final order

entered in the proceeding. Proceeds collected from a finding made

under this subsection shall be paid to the department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1069, Sec. 12, eff. June 19,

1997; Acts 1999, 76th Leg., ch. 1189, Sec. 32, eff. Sept. 1,

1999.

Sec. 548.408. JUDICIAL REVIEW OF ADMINISTRATIVE ACTION. (a) A

person dissatisfied with the final decision of the director may

appeal the decision by filing a petition as provided by

Subchapter G, Chapter 2001, Government Code.

(b) The district or county attorney or the attorney general

shall represent the director in the appeal, except that an

attorney who is a full-time employee of the department may

represent the director in the appeal with the approval of the

attorney general.

(c) The court in which the appeal is filed shall:

(1) set the matter for hearing after 10 days' written notice to

the director and the attorney representing the director; and

(2) determine whether an enforcement action of the director

shall be suspended pending hearing and enter an order for the

suspension.

(d) The court order takes effect when served on the director.

(e) The director shall provide a copy of the petition and court

order to the attorney representing the director.

(f) A stay under this section may not be effective for more than

90 days after the date the petition for appeal is filed. On the

expiration of the stay, the director's enforcement action shall

be reinstated or imposed. The department or court may not extend

the stay or grant an additional stay.

(g) Judicial review of the final decision of the director is

under the substantial evidence rule.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 33, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1169, Sec. 3, eff. Sept. 1, 2001.

Sec. 548.409. COMPLAINTS. (a) The department shall adopt rules

regarding the efficient handling and investigation of complaints

by citizens, applicants, inspectors, and inspection stations

against an employee or agent of the department who may

investigate the compliance of an inspection station or inspector

regarding Subchapter F or rules adopted under Subchapter F or

this subchapter.

(b) The rules must provide for a fair, expeditious, and

equitable investigation and resolution to complaints received by

the department.

Added by Acts 2001, 77th Leg., ch. 1169, Sec. 4, eff. Sept. 1,

2001.

SUBCHAPTER H. INSPECTION AND CERTIFICATION FEES

Sec. 548.501. INSPECTION FEES GENERALLY. (a) Except as

provided by Sections 548.503 and 548.504, the fee for inspection

of a motor vehicle other than a moped is $12.50. The fee for

inspection of a moped is $5.75. The fee for a verification form

issued as required by Section 548.256 is $1.

(b) An inspection station shall pay to the department $5.50 of

each fee for an inspection. The department may require the

station to make an advance payment of $5.50 for each inspection

certificate provided to the station. If advance payment is made:

(1) no further payment may be required on issuance of a

certificate;

(2) the inspection station may waive the fee due from the owner

of an inspected vehicle who is issued a certificate to which the

advance payment applies;

(3) the department shall refund to the inspection station $5.50

for each unissued certificate that the station returns to the

department in accordance with department rules; and

(4) the conservation commission shall pay to the department $2

for each unissued certificate that the station returns to the

department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 34, eff. Sept. 1,

1999.

Sec. 548.502. INSPECTION BY POLITICAL SUBDIVISION OR STATE

AGENCY. A political subdivision or state agency for which the

department certifies an inspection station under Section 548.004:

(1) shall pay to the department an advance payment of $5.50 for

each inspection certificate provided to it; and

(2) may not be required to pay the compulsory inspection fee.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 548.503. INITIAL TWO-YEAR INSPECTION OF PASSENGER CAR OR

LIGHT TRUCK. (a) The fee for inspection of a passenger car or

light truck under Section 548.102 shall be set by the department

by rule on or before September 1 of each year. A fee set by the

department under this subsection must be based on the costs of

producing certificates, providing inspections, and administering

the program, but may not be less than $21.75.

(b) The department shall require an inspection station to make

an advance payment of $14.75 for a certificate to be issued under

this section. Additional payment may not be required of the

station for the certificate. The inspection station may waive the

fee due from the owner of the vehicle inspected. A refund for an

unissued certificate shall be made in the same manner as provided

for other certificate refunds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 35, eff. Sept. 1,

1999.

Sec. 548.504. INSPECTION OF COMMERCIAL MOTOR VEHICLE. (a) The

fee for inspection of a commercial motor vehicle under the

program established under Section 548.201 is $50.

(b) The inspection station shall pay to the department $10 of

each fee for inspection of a commer