|(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
as stations endorsed only to issue inspection reports for one or more
of the listed categories of vehicles: trailer, motorcycle, commercial
motor vehicle, or commercial trailer.
(b) A 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 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 vehicle registered in an
affected county may receive a 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
(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 as a part of the designated vehicle's annual 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
(2) Vehicles presented for inspection by motorists
in counties not designated as affected counties meeting other exceptions
listed in this section.
(d) A 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 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 vehicle safety
inspection in affected counties will be presumed to be a designated
vehicle and will be emissions tested as a part of the annual vehicle
(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 I/M requirements contained
in the Texas I/M State Implementation Plan (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
(j) An emissions test only inspection report expires
at the same time the vehicle's registration expires.
(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
(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).
(m) Vehicle owners receiving a notice from the department
requiring an emission test shall receive an out-of-cycle test, if
the vehicle already has a valid safety and 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
(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.
|Source Note: The provisions of this §23.51 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 261; amended to be effective May 14, 2020, 45 TexReg 3141