EMERGENCY RULESAn 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 13. CULTURAL RESOURCES PART III. Texas Commission on the Arts CHAPTER 37.Application Forms and Instructions for Financial Assistance 13 TAC sec.37.28 The Texas Commission on the Arts adopts on an emergency basis by reference new sec.37.28 concerning the application form and instructions of Arts Education Service Provider. This section is to broaden constituents' understanding of accessible resources in support of general project support in education. The new sec.37.28 is adopted on an emergency basis to enable the commission adequate distribution time of the application to constituents enabling implementation of the program prior to the beginning of the school year. The new is adopted on an emergency basis under Government Code, sec.444.009, which provides the Texas Commission on the Arts with the authority to make rules and regulations for its government and that of its officers and committees. sec.37.28.Application Form and Instructions for Arts Education Service Provider. The commission adopts by reference the application and instructions for Arts Education Service Provider. This document is published by and available from the Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711. Issued in Austin, Texas, on June 25, 1996. TRD-9609073 Rhonda L. Hill Director of Finance and Administration Texas Commission on the Arts Effective date: October 23, 1996 Expiration date: June 25, 1996 For further information, please call: (512) 463-5535 TITLE 37. Public Safety and Corrections PART I. Texas Department of Public Safety CHAPTER 23.Vehicle Inspection Parameter Vehicle Inspection and Maintenance Program 37 TAC sec.23.91, sec.23.92 The Texas Department of Public Safety adopts on an emergency basis amendments to sec.23.91 and sec.23.92 concerning vehicle inspection. The amendments will implement the provisions of Executive Order GWB96-1 as authorized by Senate Bill 178, 74th Legislature, 1995, which requires the Texas Department of Public Safety in cooperation with the Texas Natural Resource Conservation Commission to implement a Vehicle Emissions Inspection and Maintenance Program necessary for the state. The department finds that adoption of these rules on fewer than 30 days notice is required because implementation date of the program is July 1, 1996. Amendment changes the undesignated head from Parameter Vehicle Emission Inspection and Maintenance Program to Vehicle Emissions Inspection and Maintenance Program making it more general and thus inclusive of all sections referenced thereunder. Amendment to sec.23.91 deletes Collin, Dallas, Denton, and Tarrant Counties from the parameter motor vehicle emission and maintenance program and notes the recodification of Texas Civil Statutes to the Texas Transportation Code. Amendment to sec.23.92 deletes Dallas and Tarrant Counties from the idle emissions inspection and maintenance program and notes the recodification of Texas Civil Statutes to the Texas Transportation Code. The rules are adopted on an emergency basis under the Health and Safety Code, Chapter 382, sec.382.037, sec.382.038, and sec.382.0371, and Texas Transportation Code, Chapter 502 and Chapter 548 which provide the Public Safety Commission with the authority to establish a motor vehicle emissions inspection and maintenance program for vehicles in counties that do not meet National Ambient Air Quality Standards. sec.sec.23.91.[Parameter] Vehicle [Emission] Emissions
    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 Transportation Code, sec.502.275
      [Civil Statutes, Article 6675a-5a]; (2) a vehicle registered as a classic motor vehicle under Texas Transportation Code, sec.502.274
        [Civil Statutes, Article 6675a-5n]; (3) a vehicle required to display a slow-moving emblem as definedTransportation Code, Chapter 547.001
          [Civil Statutes, Article 6701-d, sec.139B]; (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 and
            [,] Harris[, and Tarrant]. Vehicle emission inspections shall be conducted only in certified Official Texas Vehicle Inspection Stations. (c)-(i) (No change.) (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 Transportation Code, sec.541.201(12)
              [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)-(m) (No change.) Transportation Code, sec.548.405
                [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. Transportation Code, sec.548.601
                  [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 Transportation Code, sec.548.604
                    [Civil Statutes, Article 6701d, sec.143]. (p)-(r) (No change.) sec.23.92Vehicle 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 Transportation Code, sec.502.275
                      [Civil Statutes, Article 6675a-5a]; (2) a vehicle registered as a classic motor vehicle under Texas Transportation Code, sec.502.274
                        [Civil Statutes, Article 6675a-5n]; (3) a vehicle required to display a slow-moving emblem Transportation Code, Chapter 547.001
                          [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 Emissions 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 Emissions Inspection and Maintenance Program described in this section, the term "designated counties" means [Dallas, Tarrant and ]El Paso county
                            [counties]. Vehicle idle emission inspections shall be conducted only in certified Official Texas Vehicle Inspection Stations. (c)-(h) (No change.) (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 Transportation Code, sec.541.201(12)
                              [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)-(l) (No change.) Transportation Code, sec.548.405
                                [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. Transportation Code, sec.548.601
                                  [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 Transportation Code,sec.548.604
                                    [Civil Statutes, Article 6701d, sec.143]. (o)-(p) (No change.) Figure 1: 37 TAC sec.23.92(k)(2) Issued in Austin, Texas, on June 21, 1996. TRD-9609084 James R. Wilson Director Texas Department of Public Safety Effective date: July 1, 1996 Expiration date: October 29, 1996 For further information, please call: (512 ) 424-2890