|(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
(B) The vehicle has not been granted a low income time
extension in the previous testing cycle.
(C) The applicant is the owner of the vehicle that
is the subject of the low income time extension.
(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.
(c) Parts availability time extension.
(1) The applicant must demonstrate to the department
(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
(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
(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.