EMERGENCY 
 RULES 
 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the  Texas Register, or on a stated date less than 
20 days after filing and remaining in effect no more than 120 days. The 
emergency action is renewable once for no more than 60 additional days. 
  Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of  bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 30. ENVIRONMENTAL QUALITY 
 Part I. Texas Natural Resource Conservation Commission 
  Chapter 114. Control of Air Pollution From Motor Vehicles 
  
  The Texas Natural Resource Conservation Commission (TNRCC) adopts on an 
emergency basis the repeal of sec.sec.114.3, 114.6, and 114.7, concerning 
Inspection Requirements, Hardship Eligibility Criteria, and Inspection and 
Maintenance Fees and new sec.114.3, concerning Inspection Requirements. 
 The emergency adoption is in response to Senate Bill 178 passed by the 74th 
Texas Legislature, 1995, and signed into law by Governor George W. Bush. This 
legislation gives implementation responsibility for an interim Inspection and 
Maintenance program to the Texas Department of Public Safety (DPS) and directs 
the TNRCC to adopt emergency rules to repeal conflicting requirements as soon as 
possible. 
 The new sec.114.3 requires motorists to comply with air pollution emission 
control requirements included in the annual vehicle safety inspection program. 
The new section also requires that the rules and regulations adopted by DPS must 
be completely and properly performed prior to the issuance of a vehicle 
inspection certificate. 
 The current sec.114.6 established the hardship eligibility criteria. The DPS 
will now promulgate such standards. The current sec.114.7 set fees for 
inspections and fees associated with conducting tests. The DPS will now 
promulgate such standards. 
   
  30 TAC sec.sec.114.3, 114.6, 114.7 
 
  The repeals are adopted on an emergency basis under the Texas Health and 
Safety Code, Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 
 
  sec.114.3. Inspection Requirements. 
 
   
  sec.114.6. Hardship Eligibility Criteria. 
 
   
  sec.114.7. Inspection and Maintenance Fees. 
     
  Issued in Austin, Texas, on June 12, 1995. 
 TRD-9507243 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: June 14, 1995 
 Expiration date: October 12, 1995 
 For further information, please call: (512) 239-1966 
         
     
  30 TAC sec.114.3 
 
  The new section is adopted on an emergency basis under the Texas Health and 
Safety Code, Texas Clean Air Act (TCAA),  s382.017, which provides the Texas 
Natural Resource Conservation Commission (TNRCC) with the authority to adopt 
rules consistent with the policy and purposes of the TCAA. 
 
 
  sec.114.3. Inspection Requirements. 
 
  (a) No person may operate any motor vehicle which does not comply with air 
pollution emission control related requirements included in the annual vehicle 
safety inspection requirements administered by the Texas Department of Public 
Safety (DPS) as evidenced by a currently valid inspection certificate affixed to 
the vehicle windshield. 
   
  (b) No person may issue or allow the issuance of a vehicle inspection 
certificate, as authorized by DPS, unless all air pollution emission control 
related requirements of the annual vehicle safety inspection are completely and 
properly performed in accordance with the rules and regulations adopted by DPS. 
Prior to taking any enforcement action regarding this provision, the TNRCC shall 
consult with DPS. 
       
  Issued in Austin, Texas, on June 12, 1995. 
 TRD-9507248 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: June 14, 1995 
 Expiration date: October 12, 1995 
 For further information, please call: (512) 239-1966