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 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 23. Vehicle Inspection Parameter Vehicle Emission Inspection and Maintenance Program 37 TAC sec.23.91, sec.23.92 The Texas Department of Public Safety adopts on an emergency basis new sec.23.91 and sec.23.92, concerning Parameter Motor Vehicle Emission Inspection and Maintenance Program. The adoptions are necessary to implement the provisions of Senate Bill 178, 74th Legislature, 1995, which requires the Texas Department of Public Safety to establish a parameter motor vehicle emission inspection and maintenance program effective June 1, 1995. Section 23.91 establishes a parameter motor vehicle emission inspection and maintenance program for vehicles registered in Collin, Dallas, Denton, Harris, El Paso, and Tarrant Counties, because such counties do not meet national ambient air quality standards for ozone. The program will be designated to facilitate these counties compliance with the Federal Clean Air Act. Section 23.91 would require inspection of 1968 through 1979 model vehicles for thermostatic air intake system, exhaust gas recirculation system (EGR valve), PCV valves and hoses, air injection system, and evaporative emission system (canister). Beginning with the 1980 year model, vehicles would be inspected for the presence of catalysts and choke systems. In addition, 1984 and later year model passenger cars and light-duty trucks would be inspected for misfire, oxygen sensor and valves, emission-related recall, and emission-related maintenance. Section 23.92 establishes an Idle Emissions Inspection and Maintenance Program for vehicles registered in Dallas, Tarrant, and El Paso Counties in order to reduce carbon monoxide emissions from automobiles, because these counties do not meet national ambient air quality standards. The program will be designed to facilitate the compliance of these counties with the Federal Clean Air Act. This rule will require inspection of 1975 and newer model year passenger cars and light-duty trucks for excessive carbon monoxide emissions in addition to those items of inspection required in sec.23.91. The idle emissions inspection will be accomplished by use of a four-gas analyzer. An additional vehicle inspection fee is proposed and will be retained by the vehicle inspection station. The rules are adopted on an emergency basis under the Health and Safety Code, sec.382.0371 and sec.382.038, and Texas Civil Statutes, Article 6701d, sec.sec.140-142 which provides the Public Safety Commission with the authority to establish any motor vehicle emissions inspection and maintenance program required by federal law or by a rule or order adopted under federal law. See also Attorney General Opinion JM-138, dated March 16, 1984. sec.23.91 Parameter Vehicle Emission Inspection and Maintenance Program. (a) All 1968 and newer year model passenger cars and light-duty trucks registered in any designated county or presented for inspection in any designated county must be inspected, as part of, and at the time of, the required annual vehicle inspection, under the Parameter Vehicle Emission Inspection and Maintenance Program and the rules of the department applicable to the particular year model. Provided, that a vehicle is not subject to an initial parameter vehicle emission inspection until after the date of the second anniversary of the vehicle's first sale. On vehicles originally sold and registered in Texas, it will be presumed that the date of the second anniversary of the vehicle's first sale will be upon the expiration of the two year safety inspection certificate unless the person seeking the safety inspection presents appropriate proof otherwise. On all vehicles that do not have a two year safety certificate it will be presumed that the date of the second anniversary of the vehicle's first sale will be the last day of September of the year model of the vehicle, unless the person seeking the safety inspection certificate presents appropriate proof otherwise. Appropriate proof will be in the form of any one of the following documents that include the date of the first sale: a bill of sale; a retail installment contract; the manufacturer's statement of origin; a purchase agreement; an extended warranty contract; or the first issued registration receipt. After the date of the second anniversary of the vehicle's first sale a vehicle may not be issued an annual safety inspection certificate until the vehicle has passed the appropriate vehicle emissions inspection required for that vehicle. A person seeking a safety inspection certificate may present appropriate proof in a form approved by the department that the vehicle has passed the vehicle emissions inspection required for that vehicle. The following vehicles are exempt from all vehicle emission inspection requirements: (1) a vehicle registered as an antique motor vehicle under Texas Civil Statutes, Article 6675a-5a; (2) a vehicle registered as a classic motor vehicle under Texas Civil Statutes, Article 6675a-5n,; (3) a vehicle required to display a slow-moving emblem by Texas Civil Statutes, Article 6701-d, sec.139B; or (4) a circus vehicle that is registered to an entity engaged in the business of a commercial variety show featuring animal acts for public entertainment, and which is licensed by the Texas Board of Health under Chapter 824 of the Health and Safety Code. (b) Certified inspectors that have completed the training for the Parameter Vehicle Emission Inspection and Maintenance Program in designated counties must perform the parameter vehicle emission inspection and maintenance inspection on all 1968 and later model year passenger cars and light-duty trucks presented for inspection. For the purpose of the Parameter Vehicle Emission Inspection and Maintenance Program described in this section, the term "designated counties" shall mean the counties of Collin, Dallas, Denton, El Paso, Harris, and Tarrant. Vehicle emission inspections shall be conducted only in certified Official Texas Vehicle Inspection Stations. (c) Certified inspectors in all counties other than designated counties must perform the parameter vehicle emission inspection and maintenance inspection on all 1968 and later model year passenger cars and light-duty trucks presented for inspection which are currently registered and operated in designated counties, provided that the certified inspectors have completed the training for the Parameter Vehicle Emission Inspection and Maintenance Program and hold the department's current inspector's certificate for such training. (d) In order to determine whether a vehicle is currently registered in a designated county, registration will be verified. Vehicles registered in designated counties will be identified by a distinguishing validation sticker as determined by the Texas Department of Transportation. Certified inspectors in the counties named in subsection (b) of this section and certified inspectors in counties adjoining designated counties will verify the registration validation stickers of each 1968 or later model year passenger car or light-duty truck presented for inspection. (e) Except for those vehicles registered in designated counties which must also be inspected under the Vehicle Idle Emissions Inspection and Maintenance Program, in accordance with sec.23.92 of this title (relating to Vehicle Idle Emissions Inspection and Maintenance Program), vehicles having been inspected under the Parameter Vehicle Emission Inspection and Maintenance Program and found to have met the requirements of such program in addition to all other vehicle inspection requirements will be approved by the certified inspector, who will thereafter affix to the windshield an inspection certificate with a blue numeral insert designating the month in which the vehicle was inspected. The only valid inspection certificate for vehicles subject to the Parameter Vehicle Emission Inspection and Maintenance Program shall be an inspection certificate with the appropriate and currently effective blue numeral insert, except that vehicles registered in counties designated in sec.23.92 of this title (relating to the Vehicle Idle Emissions Inspection and Maintenance Program) shall bear an inspection certificate with a green numeral insert. (f) Provided, that a vehicle which is registered in a designated county and which is otherwise subject to the Parameter Vehicle Emission Inspection and Maintenance Program need not display an inspection certificate with a blue or green numeral insert if: (1) the vehicle is owned by a person (or persons) who does not reside within any of the territorial boundaries of a designated county; and (2) the vehicle is operated within the territorial boundaries of designated counties on not more than 15 days per calendar year. (g) If a person claiming to be covered by subsection (f) of this section is prosecuted for operating a vehicle on the highways in a designated county without displaying a valid inspection certificate, the defendant must prove by a preponderance of the evidence that the circumstances, as provided in subsection (f)(1) and (2) of this section, exist. (h) Only those certified inspectors who have successfully completed the training and testing for the Parameter Vehicle Emission Inspection and Maintenance Program and who have received certification for such training and testing may perform the parameter vehicle emission inspection and maintenance inspections. (i) Certified inspectors in any designated county in the state who have been certified to perform the parameter vehicle emission inspection and maintenance inspections shall accurately complete forms provided by the department. (j) For purposes of the Parameter Vehicle Emission Inspection and Maintenance Program, the term "passenger car" shall have the meaning ascribed to it by Texas Civil Statutes, Article 6701d, sec.2(j), except that motor vehicles powered by diesel fuel or any fuel other than gasoline or gasohol are not included in the meaning of the term "passenger car" if their design precludes the use of gasoline or gasohol without modification. (k) For purposes of the Parameter Vehicle Emission Inspection and Maintenance Program, the term "light-duty truck" means a motor vehicle with a manufacturer's gross weight of 8,500 pounds or less, which shall include but not be limited to, pickup trucks, panel delivery trucks, and carry-all trucks, except that motor vehicles powered by diesel fuel or any fuel other than gasoline or gasohol are not included in the meaning of the term "light-duty truck" if their design precludes the use of gasoline or gasohol without modification. (l) Specific inspection requirements for passenger cars and light-duty trucks in the Parameter Vehicle Emission Inspection and Maintenance Program are as follows: (1) 1968-1979 year models. (A) Inspection parameters are thermostatic air intake system, exhaust gas recirculation system (EGR valve), PCV valves and hoses, air injection system, and evaporative emission control system (canister). (B) No inspection fee increase. (2) 1980-1983 year models. Inspection parameters, in addition to items in paragraph (1)(A) of this subsection, are choke system, heater, and rod. In addition, vehicles originally equipped with a catalytic converter at the time of manufacture shall be inspected by checking for the presence of the catalytic converter. (3) 1984 and later year models. (A) Inspection parameters, in addition to items in paragraphs (1)(A) and (2) of this subsection, are misfire, oxygen sensor, emission-related recall, and emission-related maintenance. (B) If a vehicle is rejected and is not immediately repaired, a rejection receipt shall be issued which lists items rejected and other required information. (C) The certified inspector shall mark the back of the inspection certificate which is presently affixed to the vehicle's windshield with a large "X," using a laundry marking pen, if the vehicle failed the inspection. (m) The parameter vehicle emission inspection and maintenance fee is established, for purposes of this section, as $2.75, which is in addition to the statutory inspection fee. The additional fee shall be charged upon completion of the parameter vehicle emission inspection and maintenance inspection, whether or not the vehicle passed the inspection. (n) Pursuant to Texas Civil Statutes, Article 670ld, sec.141(f), willful failure to comply with these rules may result in revocation or suspension of an inspection station's certificate of appointment or the certified inspector's certificate. (o) Pursuant to Texas Civil Statutes, Article 6701d, sec.140(g), any person operating on the highways in designated counties, a passenger car or light-duty truck currently registered in any of those counties and required by this section to be inspected under the Parameter Vehicle Emission Inspection and Maintenance Program, without the valid inspection certificate as described in subsection (e) of this section, may be subject to prosecution and, if convicted, may be punished by a fine in an amount not to exceed that set out in Texas Civil Statutes, Article 6701d, sec.143. (p) Inspection certificates issued prior to the effective date of these rules shall be valid and shall remain in effect until the expiration date thereof. (q) The Public Safety Commission authorizes the director of the Department of Public Safety to promulgate, publish, and distribute necessary manuals of instruction for the implementation of the Parameter Vehicle Emission Inspection and Maintenance Program in a manner not inconsistent with these rules. Such manuals shall be available for public inspection at reasonable times at offices of the department, as designated by the director, throughout the state. (r) In the case of a dual-fuel conversion, which allows a passenger car or light-duty truck to run on either gasoline (or gasohol) or liquefied petroleum gas (LPG) or natural gas (NG), removal of emission control system items required to be inspected under subsection (l) of this section will not be permitted, provided that the thermostatic air intake system, the original air cleaner, when replaced by an air cleaner compatible with the LPG/NG carburetor and any other item accepted by the United States Environmental Protection Agency, may be removed. The only dual-fuel conversion systems which will be deemed to comply with the requirements of the Parameter Vehicle Emission Inspection and Maintenance Program are those systems which have been accepted by the United States Environmental Protection Agency as meeting the requirements of the Federal Clean Air Act. A list, including those dual-fuel conversion systems meeting the requirements of federal law, in its current form and as the list may hereafter be modified as administratively necessary, is hereby adopted and is available for inspection at the headquarters of the Texas Department of Public Safety, 5805 North Lamar, Austin, Texas 78752-4422. sec.23.92 Vehicle Idle Emissions Inspection and Maintenance Program. (a) All 1975 and newer year model passenger cars and light-duty trucks registered in any designated county or presented for inspection in any designated county must be inspected, as part of, and at the time of, the required annual vehicle inspection and parameter vehicle inspection under the Vehicle Idle Emissions Inspection and Maintenance Program and the rules of the department applicable to the particular year model. Provided, that a vehicle is not subject to an initial vehicle idle emission inspection until after the date of the second anniversary of the vehicle's first sale. On vehicles originally sold and registered in Texas, it will be presumed that the date of the second anniversary of the vehicle's first sale will be upon the expiration of the two year safety inspection certificate unless the person seeking the safety inspection presents appropriate proof otherwise. On all vehicles that do not have a two year safety certificate it will be presumed that the date of the second anniversary of the vehicle's first sale will be the last day of September of the year model of the vehicle, unless the person seeking the safety inspection certificate presents appropriate proof otherwise. Appropriate proof will be in the form of any one of the following documents that include the date of the first sale: a bill of sale; a retail installment contract; the manufacturer's statement of origin; a purchase agreement; an extended warranty contract; or the first issued registration receipt. After the date of the second anniversary of the vehicle's first sale a vehicle may not be issued an annual safety inspection certificate until the vehicle has passed the appropriate vehicle idle emissions inspection required for that vehicle. A person seeking a safety inspection certificate may present appropriate proof in a form approved by the department that the vehicle has passed the vehicle emissions inspection required for that vehicle. The following vehicles are exempt from all vehicle idle emission inspection requirements: (1) a vehicle registered as an antique motor vehicle under Texas Civil Statutes, Article 6675a-5a; (2) a vehicle registered as a classic motor vehicle under Texas Civil Statutes, Article 6675a-5n; (3) a vehicle required to display a slow-moving emblem by Texas Civil Statutes, Article 6701-d, sec.139B; or (4) a circus vehicle that is registered to an entity engaged in the business of a commercial variety show featuring animal acts for public entertainment, and which is licensed by the Texas Board of Health under Chapter 824 of the Health and Safety Code. (b) Certified inspectors who have successfully completed the training and testing for the Vehicle Idle Emission Inspection and Maintenance Program in designated counties must perform the vehicle idle emissions inspection and maintenance inspection on all 1975 and newer-year-model passenger cars and light-duty trucks presented for inspection. For purposes of the Vehicle Idle Emission Inspection and Maintenance Program described in this section, the term "designated counties" means Dallas, Tarrant and El Paso counties. Vehicle idle emission inspections shall be conducted only in certified Official Texas Vehicle Inspection Stations. (c) Certified inspectors in designated counties must perform the vehicle idle emissions inspection and maintenance inspection on all 1975 and newer-year-model passenger cars and light-duty trucks presented for inspection, provided that the certified inspectors have completed the training for the Vehicle Idle Emissions Inspection and Maintenance Program and hold the department's current inspector's certificate for such training. (d) In order to determine whether a vehicle is currently registered in a designated county, certified inspectors in designated counties and in adjoining counties shall verify the registration. Vehicles registered in designated counties will be identified by a distinguishing validation sticker as determined by the Texas Department of Transportation. (e) Vehicles having been inspected under the Vehicle Idle Emissions Inspection and Maintenance Program and found to have met the requirements of such program in addition to all other vehicle inspection requirements will be approved by the certified inspector, who will thereafter affix to the windshield an inspection certificate with a green numeral insert designating the month in which the vehicle was inspected. The only valid inspection certificate for those vehicles subject to the Vehicle Idle Emissions Inspection and Maintenance Program shall be an inspection certificate with the appropriate and currently effective green numeral insert. (f) Provided, that a vehicle which is registered in a designated county and which is otherwise subject to the Vehicle Idle Emissions Inspection and Maintenance Program need not display an inspection certificate with a green numeral insert if: (1) the vehicle is owned by a person (or persons) who does not reside within any of the territorial boundaries of the designated county; and (2) the vehicle is operated within the territorial boundaries of the designated county on not more than 15 days per calendar year. (g) If a person claiming to be covered by subsection (f) of this section is prosecuted for operating a vehicle on the highways in a designated county without displaying a valid inspection certificate, the defendant must prove by a preponderance of the evidence that the circumstances as provided in subsection (f)(1) and (2) of this section exist. (h) Only those certified inspectors who have successfully completed the training and testing for the Vehicle Idle Emissions Inspection and Maintenance Program and who have received certification for such training and testing may perform the vehicle idle emissions inspection and maintenance inspections. (i) For the purposes of the Vehicle Idle Emissions Inspection and Maintenance Program, the term "passenger car" shall have the meaning ascribed to it by Texas Civil Statutes, Article 6701d, sec.2(j), except that motor vehicles powered by diesel fuel or any fuel other than gasoline or gasohol are not included in the meaning of passenger car, if their design precludes the use of gasoline or gasohol without modification. (j) For purposes of the Vehicle Idle Emissions Inspection and Maintenance Program, light-duty truck means a motor vehicle with a manufacturer's gross weight of 8,500 pounds or less, which shall include, but not be limited to, pickup trucks, panel delivery trucks, and carry-all trucks, except that motor vehicles powered by diesel fuel or any fuel other than gasoline or gasohol are not included in the meaning of light-duty truck if their design precludes the use of gasoline or gasohol without modification. (k) Specific inspection requirements for passenger cars and light-duty trucks in the Vehicle Idle Emissions Inspection and Maintenance Program are as follows: (1) Only 1975 and newer-year-model vehicles will be inspected under this program. A vehicle's idle emissions standards shall be determined by the year model of the motor vehicle's chassis or motor vehicle's engine, whichever is the newer of the two, beginning with year model 1968. (2) The exhaust emissions of all applicable vehicles shall be tested for carbon monoxide and hydrocarbon levels according to Figure 1: 37 TAC sec.23. 92(k)(2), Vehicle Idle Emissions Standards. (3) The test will be performed with the vehicle motor at idle only after completing manufacturer's preconditioning requirements as necessary. (4) The test shall be conducted by a certified idle emissions inspector. (5) The test shall be conducted on an approved infrared four-gas exhaust gas emissions analyzer. (6) The test results - pass/fail determination - will be made available as follows. (A) One copy will be given to the motorist. (B) One copy will be retained by the inspection station. (7) If a vehicle fails the idle emissions testing or any other vehicle inspection procedure, and is not immediately repaired, a rejection receipt shall be issued which lists items for which the vehicle was rejected, along with a copy of the emissions test results. The certified inspector shall mark the back of the inspection certificate which is presently affixed to the vehicle's windshield with a large "X," using a laundry marking pen. (8) The Vehicle Idle Emissions Inspection and Maintenance Program does allow for a temporary waiver system, provided the motorist has completed and shows proof to the Department of Public Safety of the completed required repairs. The DPS vehicle inspection office in designated counties may issue a written temporary waiver for a specified vehicle to allow the owner additional time to complete the mandatory repair requirements of the program if the following conditions are met: (A) the vehicle has failed the initial emissions inspection and the mandatory retest; (B) all tampering has been corrected in accordance with the provisions of the Parameter Vehicle Inspection Program (tampering is not included in the total cost adjustments); (C) repairs of all malfunctions authorized under the Federal Vehicle Design and Defects Warranty Program recalls or the Federal Vehicle Performance Warranty Program have been made; and (D) all of the following reasonable repairs and adjustments have been satisfactorily performed and certified, in writing, to manufacturer's specifications: (i) ow emissions tune-up including timing and adjustment, spark plug replacement (if necessary), idle speed adjustment, fuel mixture adjustment (if applicable), and all other emission-related adjustments or replacements recommended by the vehicle manufacturer under normal maintenance procedures; (ii) examination and replacement (if necessary) of the air cleaner filter; (iii) examination and repair (if necessary) of the positive crankcase ventilation system and related components; and (iv) diagnosis of any other malfunctions which may have resulted in, or contributed to, elevated concentrations of carbon monoxide and hydrocarbon above the applicable emission standard and repair of all malfunctions which, in combination with the repairs identified in clauses (i)-(iii) of this subparagraph have cost $250 or less. (9) Vehicles which have been issued a temporary waiver by the DPS vehicle inspection office indicating that the above conditions have been satisfied, and otherwise have passed all other inspection requirements, will be issued a punched inspection certificate. Certificates will not be reissued to such vehicles at the next annual inspection unless one of the following conditions is met: (A) the vehicle passes all inspection requirements including an applicable idle emissions test; or (B) the owner provides evidence to the DPS vehicle inspection office in the designated county that all additional diagnosed malfunctions identified in paragraph (8)(D)(iv) of this subsection which, when combined with the repair performed in accordance with paragraph (8)(D)(iv) of this subsection, costs less than or equal to $450, have been properly repaired and certified, in writing, to manufacturer's specifications and that all of the annual maintenance requirements identified in paragraph (8)(D)(i)-(iv) of this subsection have been recently performed. After meeting these requirements, a vehicle will receive another temporary waiver from the DPS vehicle inspection office. (l) The vehicle idle emissions inspection and maintenance fee is established, for the purposes of this section, as $6.00 which is in addition to the statutory inspection fee. The additional fee shall be charged upon completion of the vehicle idle emissions inspection and maintenance inspection, whether or not the vehicle passed the inspection. (m) Pursuant to Texas Civil Statutes, Article 670ld, sec.141(f), willful failure to comply with these rules may result in revocation or suspension of an inspection station's certificate of appointment or the certified inspector's certificate. (n) Pursuant to Texas Civil Statutes, Article 670ld, sec.140(g), any person operating on the highways in a designated county, a passenger car or light-duty truck currently registered in that county and required by this section to be inspected under the Vehicle Idle Emissions Inspection and Maintenance Program, without the valid inspection certificate as described in subsection (e) of this section, may be subject to prosecution and, if convicted, may be punished by a fine in an amount not to exceed that set out in Texas Civil Statutes, Article 6701d, sec.143. (o) Inspection certificates issued prior to the effective date of this section shall be valid and shall remain in effect until the expiration date thereof. (p) The Public Safety Commission authorizes the director of the Department of Public Safety to promulgate, publish, and distribute necessary manuals of instruction for the implementation of the Vehicle Idle Emissions Inspection and Maintenance Program in a manner not inconsistent with these rules. Such manuals shall be available for public inspection at reasonable times at offices of the department, as designated by the director, throughout the state. Issued in Austin, Texas, on June 2, 1995. TRD-9506789 James R. Wilson Director Texas Department of Public Safety Effective date: October 4, 1995 Expiration date: July 1, 1995 For further information, please call: (512) 465-2890