Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 15.
DRIVERS LICENSE RULES
Subchapter G. DENIAL OF RENEWAL OF DRIVER'S LICENSE FOR FAILURE TO APPEAR FOR TRAFFIC VIOLATION
37 TAC §§15.111 - 15.120, 15.122 - 15.124
The Texas Department of Public Safety adopts the repeal of §§15.111-15.120
and 15.122-15.124, concerning Denial Of Renewal Of Driver's License For Failure
To Appear For Traffic Violation, without changes to the proposed text as published
in the September 14, 2001, issue of the
Texas Register
(26 TexReg 7072) and will not republish them.
The department proposed repeal of these sections due to substantive amendments
having been made as a result of the passage of Tex. S.B. 1371, Acts 2001,
77th Leg., R.S., ch. 1498, §3. This action is being filed simultaneously
with an adoption of new sections concerning the Failure To Appear Program.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the
Secretary of State on December 21, 2001.
TRD-200108214
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: January 10, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 424-2135
37 TAC §§15.111 - 15.119
The Texas Department of Public Safety adopts new §§15.111
- 15.119, concerning Denial Of Renewal Of Driver's License For Failure To
Appear For Traffic Violation. §15.113 and §15.116 are adopted with
changes to the proposed text as published in the September 14, 2001 issue
of the
Texas Register
(26 TexReg 7072) and
will be republished. §§15.111, 15.112, 15.114, 15.115, and 15.117-15.119
are adopted without changes to the proposed text and will not be republished.
The rules as adopted are necessary to set forth procedures relating to
the Failure to Appear program, including authority to enter into Interlocal
Cooperation Contract, contract with private vendor, reporting requirements
and when denial of renewal may be imposed. The rules as adopted eliminate
unnecessary language and ensure consistency between the governing statute,
the Interlocal Cooperation Contract and the Vendor Contract. In addition,
the rules as adopted reflect amendments to Texas Transportation Code, Chapter
706, resulting from the passage of Tex. S.B. 1371, Acts 2001, 77th Leg., R.S.,
ch. 1498, §3.
Written comments were received by the department through October 14, 2001.
Comments were received from Mr. Charles A. Brothers, President, OmniBase Services
Incorporated.
Following is a summary of the substantive comments and the department's
responses thereto:
COMMENT RELATING TO §15.113: The comment stated that the requirement
for the vendor to resolve questions from persons who are denied driver license
renewal has created problems because the vendor's ability to do so is limited
to the information specifically provided by the local political subdivision.
It was suggested that the last sentence of §15.113 be deleted or modified
to require the vendor "to advise license holders how to contact the court
in which the FTA report originated."
RESPONSE: The department agrees that the rule as published needs clarification.
The rule has been modified to more accurately advise the general public regarding
the type of assistance the vendor can provide. The new language is also consistent
with the specific terms of the Vendor Contract.
COMMENT RELATING TO §15.114: The comment expressed concern regarding
the language of paragraph (5) of the proposed rule, which requires the participating
jurisdiction to provide a brief description of the alleged violation. Specifically,
it was noted that offenses are reported electronically and the only description
of the violation actually submitted by the participating jurisdiction is the
offense code provided by the department. It was suggested that the language
be modified to read "(5) the offense code or a brief description of the alleged
violation."
The comment further noted that information required by paragraph (7), relating
to the date that the person failed to appear or failed to pay or satisfy a
judgment, is unnecessary and is not currently reported unless a separate failure
to appear violation is submitted. It was suggested that this requirement be
deleted in its entirety.
RESPONSE: The department disagrees with the proposed revision of paragraph
(5). An offense code certainly constitutes a "brief description" of the alleged
violation and a political subdivision's use of departmental codes is sufficient
to satisfy the requirements of this rule. Furthermore, the language of this
subsection is consistent with the terms of the Interlocal Cooperation Contract.
The department also disagrees with the deletion of paragraph (7). The information
required by that paragraph would be necessary if the political subdivision
submits a separate failure to appear violation. Furthermore, the language
of this subsection is consistent with the terms of the Interlocal Cooperation
Contract.
COMMENT RELATING TO §15.116: The comment stated that requiring the
jurisdiction to submit a copy of the local ordinance for approval is unrealistic,
due to the number of city ordinances and county orders in existence. In addition,
the comment noted that the department has not set up a procedure for the submission
and approval of local ordinances.
RESPONSE: The department agrees that the rule as published should be amended
to reflect current practices regarding review of local ordinances. The rule
has been modified to include discretionary language which permits the department
to request information regarding a local ordinance when there is a question
as to whether the ordinance meets the statutory criteria for enforcement under
the Failure to Appear program.
COMMENT RELATING TO §15.118: The comment stated that the rule does
not address amendments made by Senate Bill 1371 relating to reports which
were submitted in error or destroyed in accordance with the local political
subdivision's record retention policy. The comment expressed concern that
clearance for offenses submitted in error is subject to abuse and rewards
negligence in the processing and reporting of offenses. It was suggested that
the rule be clarified to limit clearances to the removal of violators who
were identified in error, such as the violator using another person's driver
license.
The comment also indicated that clearances which occur as a result of the
political subdivision's record retention policy are not expected to present
problems unless the jurisdiction were to adopt a curtailed retention schedule.
RESPONSE: The department disagrees with the addition of the suggested language
relating to reports submitted in error. Texas Transportation Code, §706.005
enumerates the exact circumstances under which a clearance report must be
submitted. Those circumstances need not be repeated in the administrative
rule. Furthermore, §706.005(b)(3)(A) specifically provides that the department
may not continue to deny renewal after receiving notice that the report was
sent to the department in error. The statute does not distinguish between
types of errors and there is no requirement that the political subdivision
explain the nature of the error.
It should also be noted that §706.005(b)(3)(B) does not provide for
a minimum time period that failure to appear reports must be maintained by
the local political subdivision. As such, the department cannot, by rule,
prevent the adoption of a particular retention schedule or the clearance of
offenses pursuant to that schedule.
The new sections are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §706.012.
§15.113.Contract with Private Vendor.
The department has contracted with a private vendor to implement the
provisions of Texas Transportation Code, Chapter 706. The vendor shall be
the primary custodian of all failure to appear violator records and will receive
and process reports from contracting local political subdivisions. The vendor
will also maintain readily accessible customer-support services, including
a toll-free telephone service, to advise license holders on how to contact
the court in which the failure to appear report originated.
§15.116.Local Ordinances.
If the offense alleged is a violation of local ordinance, but not state
law, the department may require the political subdivision to provide the department
with a copy of the local ordinance alleged to have been violated. Upon such
request, the political subdivision shall certify that the ordinance is currently
in effect and shall provide any other information required by the department.
The department shall determine whether the local ordinance meets the statutory
criteria for enforcement under this section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the
Secretary of State on December 21, 2001.
TRD-200108215
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: January 10, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 424-2135
Subchapter G. VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM
37 TAC §23.93
The Texas Department of Public Safety adopts amendments to §23.93,
concerning requirements for vehicle emissions inspection, with changes to
the proposed text as published in the November 2, 2001, issue of the
The amendments implement legislative changes enacted by the 77th Texas
Legislature, 2001. Tex. H.B. 2134, Acts 2001, 77th Leg., R.S., ch. 1075, §1,
replaced the Minimum Expenditure Waiver with a Low Mileage Waiver and provided
for an "Emissions Test on Resale" for vehicles sold into a county with an
emission testing program from a county without such a program. H.B. 2134 provided
for the emissions testing of vehicles permitted to drive or park on the grounds
of institutions of public education located in counties having a vehicle emission
inspection and maintenance program.
The amendments to the section align the department's rules with rules adopted
by the Texas Natural Resource Conservation Commission (TNRCC) on December
6, 2000 and published in the January 12, 2001, issue of the
Texas Register
(26 TexReg 362). The rules adopted by TNRCC modify the
vehicle emissions testing program. TNRCC rules require acceleration simulation
mode (ASM-2) testing and on-board diagnostics (OBDII) testing for vehicles
that are registered and primarily operated in the counties included in the
state's vehicle emission inspection and maintenance program. The rules affect
the Dallas/Fort Worth (DFW) I/M program area (Collin, Dallas, Denton, and
Tarrant counties), the extended DFW (EDFW) program area (Ellis, Johnson, Kaufman,
Parker, and Rockwall counties), the Houston/Galveston (HGA) program area (Brazoria,
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller counties),
and El Paso County; and become effective in certain counties beginning in
May 1, 2002.
In addition, TNRCC adopted amendments to 30 TAC §114.2 (relating to
Inspection and Maintenance (I/M) Definitions; 30 TAC §114.50 (relating
to Vehicle Emissions Inspection Requirements; and the repeal of 30 TAC §114.52
(relating to Waivers and Extensions for Inspection Requirements) published
in the November 16, 2001, issue of the
Texas Register
(26 TexReg 9408-9412). 30 TAC §§114.50-114.53 (relating
to Vehicle Emissions Inspection Requirements; Equipment Evaluation Procedures
for Vehicle Exhaust Gas Analyzers; Early Participation Incentive Program;
and Inspection and Maintenance Fees) were adopted with changes to the proposed
text as published in the August 24, 2001, issue of the
Texas Register
(26 TexReg 6247). Significant among these adopted changes
was the postponement of OBDII emission testing in El Paso County until January
1, 2003. As a consequence, 37 TAC §23.93(d)(6)(B) and §23.93(j)(G)
(relating to Vehicle Inspection) have been changed to reflect this program
change.
A public hearing was not held on the proposal. The comment period was extended
until November 26, 2001, 5:00 p.m. as published in the November 23, issue
of the
Texas Register
(26 TexReg 9659). Four
comments on the proposal were received. One comment was received from the
Environmental Protection Agency (EPA) Region 6 and three comments from the
Texas Automobile Dealers Association (TADA).
Following is a summary of the substantive comments and the department's
responses thereto:
COMMENT: While EPA supported On-board diagnostic testing, test on resale
and emission testing for issuance of parking permits at college campuses in
affected counties, they restated concerns expressed during TNRCC rulemaking
regarding the "low mileage waiver." EPA does not believe the low mileage waiver
will be an adequate substitute for the minimum expenditure waiver. EPA believes
low mileage waivers tend to encourage fraud and abuse in I/M programs. EPA
was not provided with any estimates for the expected waiver rate in Texas
for the low mileage waivers. Finally, EPA believes that increasing the waiver
rate beyond the level originally projected could significantly reduce the
credit generated by the I/M program, which may cause reevaluation of the credit
available for the SIP.
RESPONSE: TNRCC responded to the EPA comment during its rule making and
the department concurs with TNRCC. H.B. 2134 requires the removal of the minimum
expenditure waiver and its replacement with the low mileage waiver. The overall
waiver rate for the testing program in the year 2000 has not exceeded 0.13%,
which is well below the 3% waiver rate used in EPA's MOBILE model. Vehicles
that do not comply with the program and do not receive a waiver are subject
to a Class C misdemeanor punishable by a fine not to exceed $200. The owner
will be subject to an additional citation every time the vehicle is driven.
With the establishment of LIRAP, the overall waiver rate should not exceed
3%; therefore, it is unlikely that credits generated by the I/M program will
be reduced. The department did not revise the rules in response to this comment.
COMMENT: TADA expressed concern over the definition of "Emissions Test
on Resale" contained in subsection (b)(7). TADA does not believe the definition
accurately reflects the language of §548.3011 of the Transportation Code,
as added by H.B. 2134. TADA believes the trigger for the requirement is the
registration or titling of a vehicle in an affected county, not the presence
or resale of a vehicle in an affected county. TADA proposed substitute language
for subsection (b)(7). Further, TADA believes the insertion of the word "original"
between "50,000" and "miles" is confusing and there is no statutory mention
of an "original" mile.
RESPONSE: The proposed language of subsection (b)(7) as proposed indicates
that an "Emission Test on Resale" is required upon meeting three conditions;
first, the vehicle came from another county in the state where emission testing
is not required; second, there has been a change of ownership as a result
of a retail sell; and third, a registration and/or titling change is required.
Mere presence in the county only meets one of those conditions and does not
trigger an emissions test. TADA's proposed text, which varies only slightly
from the proposed text, would trigger an emissions test only if all the three
conditions occurred sequentially. Therefore, the department does not concur
with this portion of the comment and makes no change in response to it. The
use of the word "original" in the subsection is to prevent the fraud and abuse
in I/M programs referred to by the EPA in the previous comment. Only "1996
and newer vehicles that have less than 50,000 miles" are exempt from this
test. The obvious intent of the statute is to exempt model year 1996 and newer
vehicles, which have been driven less than 50,00 miles. The use of the word
"original" was intended to clarify the test would not be circumvented by changes
in the odometer reading by repair or tampering and to discourage fraud and
abuse. The department agrees with this portion of the comment and subsection
(b)(7) has been changed by replacing the word "original" with "actual."
COMMENT: TADA recommends that subsection (d)(5) which states the "owner"
may chose either an emissions-only or a safety and emissions inspection should
be clarified by using "owner or selling dealer." Since Transportation Code, §501.0234
requires the dealer to perform registration and titling for vehicles sold
the burden of having the test performed falls on the dealer and that it must
be performed prior to offering the vehicle for resale.
RESPONSE: Subsection (d)(5) aligns this rule with 37 TAC §23.21 (relating
to Issuance of Inspection Certificates) under both Transportation Code, §548.301
and §548.3011. Under §548.301 and 37 TAC §23.21 (relating to
Issuance of Inspection Certificates), safety inspection certificates are valid
for a period of one year. The requirement for an emissions test under Transportation
Code, §548.3011 does not void the safety inspection certificate. The
emissions only certificate is issued when a vehicle which already has a valid
safety certificate passes a separately given emissions test. The emissions
only certificate, which is not dated, expires when the safety certificate
already present and dated, expires. Subsection (d)(5) clarifies that an out
of cycle safety inspection is not required but may be performed at the choice
of the person who will bear the cost of this additional safety inspection.
Further, Transportation Code, §548.3011 does not require emissions testing
before the resale of a vehicle, but "not earlier than the 90th day before
the date on which the new owner's application for certificate of title or
registration is filed." However, based on the definition in Transportation
Code, §501.002 which defines "owner" as "a person, other than a manufacturer,
importer, distributor, or dealer, claiming title to or having a right to operate
under a lien a motor vehicle that has been subject to a first sale" and the
requirements of Transportation Code, §501.0234, the department concurs
with this portion of the comment and subsection (d)(5) has been changed by
replacing the term "owner" with "owner or selling dealer."
COMMENT: TADA comments that subsection (j)(1)(G) contains no guidelines
for the implementation of the OBDII-only low volume waiver. TADA suggests
that the DPS propose rules about the waiver and suggests that the waiver should
be available on an objective basis to all stations willing to operate as low
volume stations.
RESPONSE: Subsection (j)(1)(G) provides for the OBDII-only low volume waiver
emissions inspection station in the department's fundamental vehicle emissions
inspection and maintenance program rule. The department will address the details
of the OBD-only low volume waiver in separate rulemaking.
The amendments are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, Chapter
548 as amended by the provisions of Tex. H.B. 2134, Acts 2001, 77th Leg.,
R.S., ch. 1075, §1.
§23.93.Vehicle Emissions Inspection Requirements.
(a)
General. The rules of the Texas Department of Public Safety
set out herein are to maintain compliance with the Texas Clean Air Act. The
department is authorized to establish and implement a vehicle emissions testing
program that is a part of the annual vehicle safety inspection program, in
accordance with Texas Transportation Code, Chapter 548, the Health and Safety
Code, Chapter 382 and rules adopted thereunder.
(b)
Terms and/or Definitions. Unless specifically defined in
the Texas Clean Air Act (TCAA) or in the rules of the Texas Department of
Public Safety (DPS), the terms used by the DPS have the meanings commonly
ascribed to them in the fields of air pollution control and vehicle inspection.
In addition to the terms which are defined by the TCAA, the following words
and terms, when used in this section, shall have the following meanings, unless
the context clearly indicates otherwise.
(1)
Affected county -- refers to any county with a motor vehicle
emissions inspection and maintenance program under Texas Transportation Code, §548.301
and Health and Safety Code, §382.037. These counties are specified in
Texas Natural Resource Conversation Commission (TNRCC) rules, 30 TAC §114.50.
(2)
Acceleration Simulation Mode (ASM-2) I/M test -- the Acceleration
Simulation Mode (ASM-2) test is an emissions test using a dynamometer (a set
of rollers on which a test vehicle's tires rest) which applies an increasing
load or resistance to the drive train of a vehicle thereby simulating actual
tailpipe emissions of vehicle as it is moving and accelerating. The ASM-2
vehicle emissions test is comprised of two phases:
(A)
the 50/15 mode -- in which the vehicle is tested on the
dynamometer simulating the use of 50% of the vehicle available horsepower
to accelerate at a rate of 3.3 miles per hour (mph) per second to a constant
speed of 15 mph; and
(B)
the 25/25 mode -- in which the vehicle is tested on the
dynamometer simulating the use of 25% of the vehicle available horsepower
to accelerate at a rate of 3.3 mph per second to a constant speed of 25 mph.
(3)
Department--refers to the Texas Department of Public Safety.
(4)
Designated Vehicles--refers to all motor vehicles, as defined
in the Texas Transportation Code, §541.201, unless otherwise exempted
or excepted, that are:
(A)
capable of being powered by gasoline;
(B)
from two years old to and including 24 years old;
(C)
registered in or required to be registered in and primarily
operated in a designated county; and
(D)
subject to "Emissions Test on Resale" requirement.
(5)
Director--refers to the director of the Texas Department
of Public Safety or the designee of the director.
(6)
Emissions control component--refers to a device designed
to control or reduce the emissions of substances from a motor vehicle or motor
vehicle engine installed on or incorporated in a motor vehicle or motor vehicle
engine in compliance with requirements imposed by the Motor Vehicle Air Pollution
Control Act (42 United States Code, §1857 et seq) or other applicable
law. This term shall include, but not be limited to the following components:
air injection system (AIS); catalytic converter; coil; distributor; evaporative
canister; exhaust gas recirculation (EGR) valve; fuel filler cap/gas cap;
ignition wires; oxygen sensor; positive crank case ventilation (PCV) valve;
spark plugs; thermal reactor/thermostatic air cleaner; and hoses, gaskets,
belts, clamps, brackets, filters or other accessories and maintenance items
related to these emissions control components and systems.
(7)
Emissions Test on Resale -- refers to an emissions test
performed on a vehicle coming into an affected county from another county
within the state which does not have an I/M program (non-affected county);
the ownership has changed as the result of a retail sale; and a registration
and/or titling change is necessary. This test is not required on model year
1996 and newer vehicles if it has less than 50,000 "actual" miles.
(8)
EPA--refers to the United States Environmental Protection
Agency; the federal agency that monitors and protects air and water resources.
(9)
Exempt vehicles--refers to vehicles otherwise considered
"designated vehicles" that are:
(A)
antique vehicles, as defined by Texas Transportation Code, §502.275;
(B)
slow-moving vehicles, as defined by Texas Transportation
Code, §547.001; or
(C)
motorcycles, as defined by Texas Transportation Code, §502.001.
(D)
motor vehicles registered in an affected county but not
primarily operated in an affected county.
(10)
I/M--refers to Inspection and Maintenance.
(11)
Inspection station--refers to an inspection station/facility
as defined in the Texas Transportation Code, §548.001.
(12)
Inspector--refers to an inspector as defined in the Texas
Transportation Code, §548.001.
(13)
Motorist--refers to a person or other entity responsible
for the inspection, repair, maintenance or operation of a motor vehicle, which
may include, but is not limited to, owners or lessees.
(14)
Out-of-cycle test--refers to an emissions test not associated
with the annual vehicle safety inspection testing cycle.
(15)
OBD (On-board diagnostic system)--Computer system installed
in a 1996 and newer vehicles by the manufacturer which monitors the performance
of the vehicle emissions control equipment, fuel metering system, and ignition
system for the purpose of detecting malfunction or deterioration in performance
that would be expected to cause the vehicle not to meet emissions standards.
All references to OBD should be interpreted to mean the second generation
of this equipment, sometimes referred to as OBD II.
(16)
Person--refers to a human being, a partnership or a corporation
that is recognized by law as the subject of rights and duties.
(17)
Primarily operated in--refers to the use of a motor vehicle
greater than 60 days per calendar year in designated counties. It is presumed
that a vehicle is primarily operated in the county in which it is registered;
the burden is on the motorist to overcome this presumption by a preponderance
of the evidence.
(18)
Re-test--refers to a successive vehicle emissions inspection
following the failure of an initial emissions test by a vehicle.
(19)
Revised Texas I/M SIP--refers to the most current Texas
Inspection and Maintenance State Implementation Plan.
(20)
Safety inspection--refers to a compulsory vehicle inspection
performed as required by Texas Transportation Code, Chapter 548, by an official
inspection station issued a certificate of appointment by the department.
(21)
Safety inspection certificate--refers to an inspection
certificate issued under Texas Transportation Code, Chapter 548, after a safety
inspection as defined herein.
(22)
Tampering-related repairs--refers to repairs to correct
tampering modifications, including but not limited to engine modifications,
emissions system modifications, or fuel-type modifications disapproved by
the TNRCC or the EPA.
(23)
Testing cycle--refers to an annual cycle for which a motor
vehicle is subject to a vehicle emissions inspection.
(24)
Test-only facilities--refers to inspection stations certified
to do emissions testing that are not engaged in repairing, replacing and/or
maintaining emissions control components of vehicles. Acceptable repairs in
test-only facilities shall be oil changes, air filter changes, repairs and/or
maintenance of non-emissions control components, and the sale of auto convenience
items.
(25)
Test-and-repair facilities--refers to inspection stations
certified to do emissions testing that engage in repairing, replacing and/or
maintaining emissions control components of vehicles.
(26)
TNRCC--refers to the Texas Natural Resource Conservation
Commission.
(27)
Two-speed idle (TSI) I/M test -- a test equipment meeting
TNRCC specifications for the measurement of the tailpipe exhaust emissions
of a vehicle while the vehicle idles, first at a lower speed and then again
at a higher speed.
(28)
Two years old--refers to a vehicle upon the expiration
of the initial two-year inspection certificate or any time the vehicle is
presented for inspection or required to be inspected during the year when
the vehicle model year is two years less than the current calendar year (current
calendar year minus two years), whichever comes first.
(29)
Twenty-four years old--refers to a vehicle when the vehicle
model year is 24 years less than the current calendar year (current calendar
year minus 24 years).
(30)
Uncommon part--refers to a part that takes more than 30
days for expected delivery and installation.
(31)
VIR--refers to the Vehicle Inspection Report.
(32)
VRF--refers to the Vehicle Repair Form.
(c)
Applicability. The requirements of this section and those
contained in the Revised Texas I/M SIP shall be applied to motorists, vehicles,
vehicle inspection stations and inspectors certified by the department to
inspect vehicles, and to Recognized Emissions Repair Facilities of Texas and
Recognized Emissions Repair Technicians of Texas, as defined herein.
(d)
Control requirements.
(1)
In affected counties, in order to be certified by the department
as a vehicle inspection station, the vehicle inspection 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 vehicle
inspection stations endorsed only to issue one or more of the following inspection
certificates: trailer certificates, motorcycle certificates, commercial windshield
certificates, commercial trailer certificates.
(2)
In affected counties, only department certified inspection
stations that are certified by the department to do emissions testing may
perform the annual vehicle safety inspection on designated vehicles.
(3)
An inspection station in a county not designated as an
affected county herein shall not inspect a vehicle that is capable of being
powered by gasoline, from two years old to and including twenty-four years
old and registered in an affected county unless the inspection station is
certified by the department to do emissions testing, or unless the motorist
presenting the vehicle signs an affidavit on a form provided by the department
stating one of the following: (The affidavit will be held by the inspection
station for collection by the department.)
(A)
the vehicle is not a designated vehicle;
(B)
the vehicle no longer qualifies as a designated vehicle;
or
(C)
the vehicle will not return to an affected county prior
to the expiration of the current inspection certificate however immediately
upon return to an affected county the vehicle will be reinspected at an inspection
station certified to do vehicle emissions testing.
(4)
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 DPS certified inspection station that is certified to do vehicle emissions
testing. The exceptions to this provision are for:
(A)
commercial motor vehicles as defined by the Texas Transportation
Code, §548.001, that meet the definition of "designated vehicle" as defined
herein. Said "designated" commercial motor vehicles must be emissions tested
at a DPS certified inspection station that is certified to do vehicle emissions
testing and must have a unique emissions test-only inspection certificate,
as authorized by Texas Transportation Code, §548.251, affixed to the
lower left-hand corner of the windshield of the vehicle, immediately above
the registration sticker, prior to receiving a commercial motor vehicle safety
inspection certificate pursuant to Texas Transportation Code, Chapter 548.
The unique emissions test-only inspection certificate must be issued within
15 calendar days prior to the issuance of the commercial motor vehicle safety
inspection certificate. The unique emissions test-only inspection certificate
will expire at the same time the newly issued commercial motor vehicle safety
inspection certificate expires; and
(B)
vehicles presented for inspection by motorists in counties
not designated as affected counties that meet the requirements of paragraph
(3)(C) of this subsection.
(5)
A vehicle with a currently valid safety inspection certificate
presented for an "Emissions Test on Resale" inspection shall receive an emissions
test. The owner or selling dealer may choose one of two options:
(A)
a complete safety and emissions test and receipt of a new
inspection certificate, or
(B)
an emissions test and receipt of the unique emissions test-only
inspection certificate affixed to the lower left-hand corner of the windshield
of the vehicle, immediately above the registration sticker. The unique emissions
test-only inspection certificate will expire at the same time as the safety
inspection certificate currently displayed on the vehicle at the time the
unique emissions test-only certificate is issued.
(6)
Any vehicle not listed as an exempt vehicle that is capable
of being powered by gasoline, from two years old 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 safety inspection. Emissions testing will be
conducted as follows:
(A)
effective until April 30, 2002, all designated vehicles
will be emission tested using approved two-speed idle I/M test equipment (TSI).
(B)
effective May 1, 2002:
(i)
all 1996 model year and newer designated vehicles, which
are equipped with an On-board diagnostic system, will be emission tested using
approved OBD I/M test equipment, excluding El Paso County; and
(ii)
all 1995 model year and older designated vehicles in all
affected counties, excluding El Paso County, will be emission tested using
a Acceleration Simulation Mode (ASM-2) I/M test. All 1995 model year designated
vehicles in El Paso will be emissions tested using approved two-speed idle
I/M test equipment (TSI).
(iii)
Vehicles which can not be tested using the prescribed
emission testing equipment will be tested using the following default methods.
OBD vehicles will be tested using ASM-2, if the vehicle cannot be tested on
ASM-2 (except for El Paso County, four-wheel drive and unique transmissions),
then the vehicle will be tested using TSI.
(C)
effective January 1, 2003, in El Paso County:
(i)
all 1996 model year and newer designated vehicles, which
are equipped with an On-board diagnostic system, will be emission tested using
approved OBD I/M test equipment; and
(ii)
all 1995 model year and older designated vehicles will
be emissions tested using approved two-speed idle I/M test equipment (TSI).
(iii)
OBD vehicles which can not be tested using the prescribed
emission testing equipment will be tested using the approved two-speed idle
I/M test equipment (TSI).
(7)
Vehicles registered in affected counties will be identified
by a distinguishing validation registration sticker as determined by the Texas
Department of Transportation.
(8)
Vehicles inspected under the vehicle emissions testing
program and found to meet the requirements of the program in addition to all
other vehicle safety inspection requirements will be passed by the certified
inspector, who will thereafter affix to the windshield a unique emissions
inspection certificate pursuant to Texas Transportation Code, §548.251.
The only valid inspection certificate for designated vehicles shall be a unique
emissions inspection certificate issued by the department, unless otherwise
provided herein.
(9)
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, not including the date of
the emissions test being challenged or questioned.
(10)
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 SIP.
(11)
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 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.
(12)
Inspection certificates issued prior to an effective date
in this section shall be valid and shall remain in effect until the expiration
date thereof.
(13)
A unique emissions test-only inspection certificate expires
at the same time the annual vehicle safety inspection certificate it relates
to expires.
(14)
The department will perform quarterly gas audits on all
vehicle exhaust gas analyzers used to perform vehicle emissions tests. If
a vehicle exhaust gas analyzer fails the calibration process during the gas
audit, the department shall cause the appropriate inspection station to cease
vehicle emissions testing with the failing exhaust gas analyzer until all
necessary corrections are made and the vehicle exhaust gas analyzer passes
the calibration process.
(15)
Pursuant to the Revised Texas I/M SIP, the department
shall 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 40 CFR 51.353(c)(3).
A contractor(s) may be used to assist in collecting, reviewing and evaluating
program data.
(16)
On-road testing (Remote Sensing Program) verification
emissions inspection. 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 certificate. 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 (on-line)
to the Texas Information Management System Vehicle Identification Database
(VID). Vehicles identified to be tested by the notice will receive the prescribed
test regardless of the county of registration and whether the vehicle has
a currently valid safety inspection certificate or a valid safety and emissions
inspection certificate. When the vehicle has a currently valid safety inspection
certificate or a valid safety and emissions inspection certificate, the owner
may choose one of two options:
(A)
a complete safety and emissions test and receipt of a new
inspection certificate, or
(B)
an emissions test and receipt of the unique emissions test-only
inspection certificate affixed to the lower left-hand corner of the windshield
of the vehicle, immediately above the registration sticker. The unique emissions
test-only inspection certificate will expire at the same time as the safety
inspection certificate currently displayed on the vehicle at the time the
unique emissions test-only certificate is issued.
(17)
Emissions testing of vehicles requiring vehicle identification
insignias issued by public institutes of higher learning. Effective January
1, 2002 as per §51.207 of the Texas Education Code, public institutions
of higher learning located in affected counties will 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. The
following instructions are provided for handling this type of inspection.
(A)
Vehicles presented under this subsection shall receive
an emissions inspection and be issued a unique emissions test-only inspection
certificate which will be affixed to the lower left-hand corner of the windshield
of the vehicle. Since this inspection certificate is not dated, this certificate
will expire as follows:
(i)
Vehicles registered in this state from counties without
an emissions testing program. The unique emissions test-only inspection certificate
will expire at the same time as the safety inspection certificate currently
displayed on the vehicle at the time the unique emissions test-only certificate
is issued.
(ii)
Vehicles registered in another state. The unique emissions
test-only inspection certificate will expire on the twelfth (12th) month after
the month indicated on the date of the Vehicle Inspection Report (VIR) generated
by the emissions inspection. Under no circumstances is the inspection station
authorized to remove an out-of-state inspection and/or registration certificate,
to include either safety, emissions, or combination of any of the aforementioned.
(B)
The operator of a vehicle presented for an emissions inspection
under this subsection will be notified to retain the Vehicle Inspection Report
(VIR) as proof of emissions testing under the requirements of §51.207
of the Texas Education Code.
(e)
Waivers and extensions. Under this section, the department
may issue an emissions testing waiver or 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
waiver or time extension. An emissions testing waiver or a time extension
defers the need for full compliance with vehicle emissions standards of the
vehicle emissions I/M program for a specified period of time after a vehicle
fails an emissions test. The department will accept applications for emissions
testing waivers and time extensions There are four types of emissions testing
waivers and time extensions: Low Mileage Waiver; Individual Vehicle Waiver;
Parts Availability Time Extension; and Low-Income Time Extension. The motorist
may apply once each testing cycle for the Low Mileage Waiver, Individual Vehicle
Waiver, and Parts Availability Time Extension. The motorist may apply every
other testing cycle for the Low-Income Time Extension.
(1)
Low Mileage Waiver.
(A)
Eligibility. A vehicle may be eligible for a Low Mileage
Waiver provided that it has:
(i)
failed both its initial emissions inspection and re-test;
and
(ii)
incurred qualified emissions-related repairs, as defined
herein, whose cost is equal to at least $100; and
(iii)
the vehicle has been driven less than 5,000 miles in
the previous inspection cycle; and
(iv)
the vehicle will be reasonably expected to be driven fewer
than 5,000 miles before the next safety inspection is required.
(B)
Qualified Emissions-Related Repairs. Qualified emissions-related
repairs are those repairs to emissions control components, including diagnosis,
parts and labor, which count toward a Low Mileage Waiver. In order to be considered
qualified emissions-related repairs, the repair(s):
(i)
must be directly applicable to the cause for the emissions
test failure;
(ii)
must be performed after the initial emissions test or
have been performed within 60 days prior to the initial emissions test;
(iii)
must not be tampering-related repairs, as defined herein;
(iv)
must not be covered by any available warranty coverage
unless the warranty remedy has been denied in writing by the manufacturer
or authorized dealer; and
(v)
must be performed by a Recognized Emissions Repair Technician
of Texas at a Recognized Emissions Repair Facility of Texas in order to include
the labor cost and/or diagnostic costs. When repairs are not performed by
a Recognized Emissions Repair Technician of Texas at a Recognized Emissions
Repair Facility of Texas, only the purchase price of parts, applicable to
the emissions test failure, qualify as a repair expenditure for the Low Mileage
Waiver.
(C)
Conditions. The following conditions must be met in order
to receive a Low Mileage Waiver:
(i)
the vehicle must pass a visual inspection performed by
a department representative to insure that the emissions repairs being claimed
have actually been performed;
(ii)
the diagnosis, parts and labor receipts for the qualified
emissions-related repairs must be presented to the department and support
that the emissions repairs being claimed have actually been performed; and
(iii)
the valid re-test Vehicle Inspection Report (VIR) and
valid Vehicle Repair Form (VRF) for the applicant vehicle must be presented
to the department. If labor and/or diagnostic charges are being claimed towards
the low mileage waiver amount, the VRF shall be completed by a Recognized
Emissions Repair Technician of Texas.
(2)
Low-Income Time Extension. A Low-Income Time Extension
may be granted in accordance with the following conditions:
(A)
The applicant must supply to the department proof in writing
that:
(i)
the vehicle failed the initial emissions inspection test;
proof shall be in the form of the original failed VIR;
(ii)
the vehicle has not been granted a Low-Income Time Extension
in the previous testing cycle;
(iii)
the applicant is the owner of the vehicle that is the
subject of the Low-Income Time Extension; and
(iv)
the applicant receives financial assistance from the Texas
Department of Human Services due to indigence (subject to approval by the
director) 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 authorized by the director that the applicant certifies as true
and correct.
(B)
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.
(3)
Parts Availability Time Extension. A Parts Availability
Time Extension may be granted in accordance with the following conditions:
(A)
The applicant must demonstrate to the department:
(i)
reasonable attempts were made to locate necessary emissions
control parts by retail or wholesale parts suppliers; and
(ii)
emissions-related repairs cannot be completed before the
expiration of the safety inspection certificate or before the 30-day period
following an out-of-cycle inspection because the repairs require an uncommon
part, as defined herein.
(B)
The applicant shall provide to the department:
(i)
an original VIR indicating the vehicle failed the emissions
test;
(ii)
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.
(C)
A Parts Availability Time Extension is not allowed for
tampering-related repairs, as defined herein.
(D)
If the vehicle does not pass an emissions re-test prior
to the expiration of the Parts Availability Time Extension, the applicant
must provide to the department, adequate documentation that one of the following
conditions exists:
(i)
the motorist qualifies for a Low Mileage Waiver, Low-Income
Time Extension or Individual Vehicle Waiver; or
(ii)
the motor vehicle will no longer be operated in the affected
county.
(E)
A vehicle that receives a Parts Availability Time Extension
in one testing cycle must have the vehicle repaired and re-tested prior to
the expiration of such extension or must qualify for another type of waiver
or time extension, in order to be eligible for a Parts Availability Time Extension
in the subsequent testing cycle.
(F)
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.
(G)
The department shall issue a unique time extension sticker
for Parts Availability Time Extensions.
(4)
Individual Vehicle Waiver. If a vehicle has failed an emissions
test, a motorist may petition the director for an Individual Vehicle Waiver.
Upon demonstration that the motorist has taken every reasonable measure to
comply with the requirements of the vehicle emissions I/M program contained
in the Revised Texas I/M SIP and such waiver shall have minimal impact on
air quality, the director may approve the petition, and the motorist may receive
a waiver. Motorists may apply for the Individual Vehicle Waiver each testing
cycle.
(f)
Prohibitions.
(1)
No person may operate or allow to be operated any motor
vehicle that does not comply with:
(A)
all applicable air pollution emissions control-related
requirements included in the annual vehicle safety inspection administered
by the department, as evidenced by a current valid inspection certificate
affixed to the vehicle windshield; and
(B)
the vehicle emissions inspection and maintenance requirements
contained in the Revised Texas I/M SIP.
(2)
No person or entity may own, operate, or allow the operation
of a designated vehicle in an affected county unless the vehicle has complied
with all applicable vehicle emissions inspection and maintenance requirements
contained in the Revised Texas I/M SIP, unless otherwise provided for herein.
(3)
No person may issue or allow the issuance of a Vehicle
Inspection Report (VIR), as authorized by the department, unless all applicable
air pollution emissions control-related requirements of the annual vehicle
safety inspection and the vehicle emissions inspection and maintenance requirements
and procedures contained in the Revised Texas I/M SIP are completely and properly
performed in accordance with the rules and regulations adopted by the department
and the TNRCC.
(4)
No person may allow or participate in the preparation,
duplication, sale, distribution, or use of false, counterfeit, or stolen inspection
certificates, VIRs, VRFs, vehicle emissions repair documentation, or other
documents which may be used to circumvent the vehicle emissions inspection
and maintenance requirements and procedures contained in Texas Transportation
Code, Chapter 548 and the Revised Texas I/M SIP.
(5)
No organization, business, person, or other entity may
represent itself as an inspector certified by the department, unless such
certification has been issued pursuant to the certification requirements and
procedures contained in the Revised Texas I/M SIP and the rules and regulations
of the department.
(6)
No person may act as or offer to perform services as a
Recognized Emissions Repair Technician of Texas or a Recognized Emissions
Repair Facility of Texas, as defined in subsections (h) and (i) of this section,
without first obtaining and maintaining recognition by the department.
(g)
Violation/Penalties. Pursuant to Texas Transportation Code, §548.601,
any person who operates a designated vehicle in an affected county without
displaying a valid unique emissions inspection certificate, may be subject
to a fine in an amount not to exceed that set out in Texas Transportation
Code, §548.604.
(h)
Requirements for Recognized Emissions Repair Technicians
of Texas. The department will recognize automotive repair technicians that
meet the qualifications as set forth herein.
(1)
In order to be recognized by the department as a Recognized
Emissions Repair Technician of Texas, the technician must:
(A)
have a minimum of three years full-time automotive repair
service experience;
(B)
possess current certification in the following areas based
on the following tests offered by the National Institute of Automotive Service
Excellence (ASE):
(i)
Engine Repair (ASE Test Al);
(ii)
Electrical/Electronic Systems (ASE Test A6);
(iii)
Engine Performance (ASE Test A8); and
(iv)
Advanced Engine Performance Specialist (ASE Test Ll);
and
(C)
must be employed by a Recognized Emissions Repair Facility
of Texas, as defined herein.
(2)
A Recognized Emissions Repair Technician of Texas shall
perform the following duties:
(A)
complete and certify the VRF form(s); and
(B)
notify the DPS in writing within 14 days of changes in
the technician's ASE testing status.
(3)
Failure to comply with these rules and failure to meet
the qualifications set out herein may result in the department ceasing to
recognize the technician.
(i)
Requirements for Recognized Emissions Repair Facilities
of Texas.
(1)
In order to be recognized by the department as a Recognized
Emissions Repair Facility of Texas, the facility must:
(A)
employ at least one full-time Recognized Emissions Repair
Technician of Texas, as described in subsection (h) of this section; and
(B)
possess equipment to perform the functionality of the following
items:
(i)
ammeter;
(ii)
compression tester;
(iii)
cooling system tester;
(iv)
dwellmeter;
(v)
engine analyzer;
(vi)
five gas exhaust analyzer (which can perform diagnostic
repair for at least hydrocarbon (HC), carbon monoxide (CO), carbon dioxide
(CO2), and oxides of nitrogen (NOX);
(vii)
fuel pressure/pressure drop tester;
(viii)
ohmmeter;
(ix)
repair reference information;
(x)
scan tool/or OBDII capable testing equipment;
(xi)
tachometer;
(xii)
timing light;
(xiii)
vacuum/pressure gauge;
(xiv)
vacuum pump; and;
(xv)
volt meter.
(2)
A Recognized Emissions Repair Facility of Texas shall:
(A)
notify the DPS in writing within 14 days of changes in
the facility's technicians' ASE testing status or employment status and the
facility's equipment functionality status; and
(B)
agree in writing upon application for recognition by the
department to maintain compliance with the qualifications enumerated in paragraph
(1) of this subsection, in order to maintain recognition by the department.
(3)
Failure to comply with these rules and failure to meet
the qualifications set out herein, may result in the department ceasing to
recognize the facility.
(j)
Certified emissions inspection station requirements.
(1)
In order to be certified by the department as an emissions
inspection station, for purposes of the emissions I/M program, the station
must:
(A)
be licensed by the department as an official vehicle inspection
station;
(B)
comply with the DPS Rules and Regulations Manual for Official
Vehicle Inspection Stations and Certified Inspectors and other applicable
rules and regulations of the department;
(C)
complete all applicable forms and reports as required by
the department;
(D)
purchase or lease emissions testing equipment that is currently
certified by the TNRCC to emissions test vehicles, or upgrade existing emissions
testing equipment to meet the current certification requirements of the TNRCC;
(E)
have a designated telephone line dedicated for each vehicle
exhaust gas analyzer to be used to perform vehicle emissions tests; and
(F)
enter into and maintain a business arrangement with the
Texas Information Management System contractor to obtain a telecommunications
link to the Texas Information Management System Vehicle Identification Database
(VID) for each vehicle exhaust gas analyzer to be used to inspect vehicles
as described in the Revised Texas I/M SIP.
(G)
All public certified emissions inspection stations in affected
counties, excluding El Paso County shall offer both the ASM-2 test and the
OBD test. Certified emissions inspection stations in these affected counties
desiring to offer OBD-only emission testing to the public must request a waiver
as low volume emissions inspection station from the department Regional Supervisor.
All public certified emissions inspection stations in El Paso County shall
offer the TSI test. Effective January 1, 2002, all public certified emissions
inspection stations in El Paso County shall offer both and the OBD and TSI
test.
(2)
Failure to comply with these rules may result the in denial,
suspension or revocation of an inspection station's certificate of appointment,
pursuant to Texas Transportation Code, §548.405, or in a fine, pursuant
to Texas Transportation Code, §542.301, in an amount not to exceed that
set out in Texas Transportation Code, §542.401.
(k)
Certified emissions inspector requirements.
(1)
To qualify as a certified inspector, an individual must:
(A)
be licensed by the department as an official vehicle inspector;
(B)
must complete the training required for the Vehicle Emissions
Inspection Program and receive the department's current approved inspector's
certificate for such training;
(C)
must comply with the DPS Rules and Regulations Manual for
Official Vehicle Inspection Stations and Certified Inspectors and other applicable
rules and regulations of the department; and
(D)
complete all applicable forms and reports as required by
the department.
(2)
Failure to comply with these rules may result in the denial,
suspension or revocation of a certified inspector's certificate, pursuant
to Texas Transportation Code, §548.405, or in a fine, pursuant to Texas
Transportation Code, §542.301, in an amount not to exceed that set out
in Texas Transportation Code, §542.401.
(l)
Inspection and Maintenance Emissions Testing Fees. The
fees for emissions testing will be set by the TNRCC. The fee for an emissions
test shall provide for one free re-test for each failed initial emissions
inspection, provided that the motorist has the re-test performed at the same
inspection station where the vehicle originally failed and the re-test is
conducted within 15 calendar days of the initial emissions test, not including
the date of the initial emissions test.
(m)
Audits.
(1)
The department is authorized to perform covert and overt
audits pertaining to the emissions testing program.
(2)
The department may authorize enforcement personnel or other
individuals to remove, disconnect, adjust, or make inoperable vehicle emissions
control equipment, devices, or systems and to operate a vehicle in the tampered
condition in order to perform a quality control audit of an inspection station
or other quality control activities as necessary to assess and ensure the
effectiveness of the vehicle emissions inspection and maintenance program.
(n)
Authority to publish manuals. The Public Safety Commission
authorizes the director of the Department of Public Safety to promulgate,
publish and distribute necessary manuals of instruction and procedure for
the implementation of the emissions I/M testing program in a manner not inconsistent
with these rules. The department adopts by reference the VEHICLE EMISSIONS
INSPECTION AND MAINTENANCE RULES AND REGULATIONS MANUAL FOR OFFICIAL VEHICLE
INSPECTION STATIONS AND CERTIFIED INSPECTORS as the standard for conducting
emissions inspections in designated counties. Any violation of these rules
and regulations may result in the suspension or revocation of the certificate
of appointment of the vehicle inspection station or certificate of the certified
inspector. Such manual(s) shall be available for public inspection at reasonable
times at offices of the department as designated by the director.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the
Secretary of State on December 21, 2001.
TRD-200108217
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: January 10, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 424-2135
Chapter 377.
PREVAILING WAGE RATE DETERMINATION
The Texas Military Facilities Commission (Commission) adopts an amendment
to §377.1, relating to Prevailing Wage Rates and the repeal of §§377.2-377.4,
relating to Data Gathering Procedures, Ascertaining Prevailing Wage Rates,
and Use of Determinations, without changes to the proposed text as published
in the July 13, 2001 issue of the
Texas Register
(26 TexReg 5226) and will not be republished.
The amendment and repeals are adopted to conform the Commission's prevailing
wage rate determinations and procedures with the requirements of Government
Code, Chapter 2258. Amended §377.1 is also adopted to give the Commission
the flexibility to base prevailing wage rate determinations on Commission
surveys, under certain circumstances.
No comments were received regarding adoption of the rules.
Chapter 23.
VEHICLE INSPECTION
Part 12.
TEXAS MILITARY FACILITIES COMMISSION