| (a) Purpose. Transportation Code, §502.047 requires
the department to implement a system requiring verification that a
vehicle complies with vehicle emissions inspection and maintenance
programs as required by the Health and Safety Code, §382.202
and §382.203, and Transportation Code, Chapter 548, Subchapter
F. Transportation Code, §501.0276 and §502.047 requires
a vehicle subject to Transportation Code, §548.3011 to pass an
emissions test on resale in an affected or early action compact county
before it is titled or registered. This section prescribes the department's
policies and procedures if a vehicle does not comply with the emissions
standards set by federal and state laws and the provisions of the
Texas air quality State Implementation Plan.
(b) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Affected County--A county with a motor vehicle
emissions inspection and maintenance program established under Transportation
Code, §548.301.
(2) Department--The Texas Department of Motor Vehicles.
(3) DPS--The Texas Department of Public Safety.
(4) Early action compact county--A participating county
under Health and Safety Code, Chapter 382, Subchapter H.
(5) TCEQ--The Texas Commission on Environmental Quality.
(6) Vehicle--A self-propelled vehicle required to be
registered in the state, except those vehicles exempted by TCEQ.
(7) Vehicle inspection report--A vehicle inspection
form prescribed by DPS that is printed by the vehicle exhaust gas
analyzer immediately following an emissions test.
(8) Vehicle emissions I/M program--A vehicle emissions
inspection and maintenance program meeting all the requirements of
the Environmental Protection Agency.
(9) Waiver--A form and certificate that allows a vehicle
to be considered in compliance with the vehicle emissions I/M program
for a specified period of time after a vehicle fails an emissions
test.
(c) Notice from DPS or TCEQ.
(1) DPS, after notice to the vehicle owner, will notify
the department if a motor vehicle owner fails to comply with the requirements
of Transportation Code, Chapter 548, Subchapter F.
(2) TCEQ, after notice to the vehicle owner, will notify
the department if a motor vehicle fails to comply with the requirements
of Health and Safety Code, §382.202 and §382.203, and Transportation
Code, Chapter 548, Subchapter F.
(3) The notice will include the vehicle identification
number and the license plate number of the affected vehicle.
(4) If the department receives a notice of emissions
noncompliance from DPS or TCEQ, the department will place a notation
on the motor vehicle record that the motor vehicle has failed to comply
with the vehicle emissions I/M program.
(5) If the department receives a notice of emissions
compliance from DPS or TCEQ, the department will remove the non-compliance
notation from the motor vehicle record.
(6) If a vehicle record contains a notation of failure
to comply with the vehicle emissions I/M program, the tax assessor-collector
will deny registration unless provided with:
(A) proof of compliance with the vehicle emissions
I/M program with a "passing" vehicle inspection report;
or
(B) proof of a waiver issued by DPS that includes the
vehicle identification number and the license plate number.
(7) DPS and TCEQ will provide the department with the
notifications in a format approved by the department.
(8) DPS and TCEQ will enter into an agreement with
the department regarding the remittance to the department for costs
associated with implementation of the emissions program.
(d) Vehicles moved into affected or early action compact
counties. If a vehicle was last titled in an unaffected county and
is to be titled or registered in an affected or early action compact
county, it is not eligible for a title receipt, a title, or registration
after a retail sale unless proof is presented to the county tax assessor-collector
that the vehicle has passed the emissions test. This subsection does
not apply to a vehicle that will be used in the affected or early
action compact county for fewer than 60 days during the registration
period for which registration is sought or to a vehicle that is a
1996 or newer model and has less than 50,000 miles.
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