Regulatory Text: 
NOTE TO READER:  The following Texas Department of Transportation Regulation was approved as a part of the Texas SIP on August 22, 1994 (59 FR 43046) at 52.2270(c)(87)(i)(F).  This regulation is as adopted in the Texas Register on November 9, 1993 (18 TexReg 8236).  It is included with TNRCC Regulation IV since it was approved with a revision to Regulation IV and is closely related to Regulation IV.  Only Section 17.80 of Chapter 17 is in the Texas SIP.


43 TAC Chapter 17.  Vehicle Titles and Registration

Section 17.80.  Vehicle Emissions Verification System.
Approved by EPA 08/22/94 (59 FR 43046) at 52.2270(c)(87)(i)(F) effective 09/21/94.

      (a)  Purpose.  Texas Civil Statutes, Article 6675a-1, et seq. charges the department with the responsibility of registering vehicles operating upon the public roads, streets, and highways of this state.  The Health and Safety Code, Section 382.037, requires the department to implement a system requiring verification that a vehicle complies with vehicles emissions inspection/ maintenance programs when he vehicle is registered in a county included in a vehicle emissions inspection/maintenance program under the Uniform Act Regulating Traffic on Highways, Texas Civil Statues, Article 6701d. Section 142.  This section prescribes the procedures and policies necessary to implement such a system.

      (b)  Definitions.  The following words and terms, when used under this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise.

           (1)  Department - The Texas Department of Transportation.

           (2)  First sale - The bargain, sale, transfer, or delivery with intent to pass an interest therein, other than a lien, of a motor vehicle which has not been previously registered or licensed in a state or elsewhere, shall constitute the first sale of said vehicle, irrespective of where such bargain, sale, transfer, or delivery occurred.

           (3)  Program area - A county or counties in which the TNRCC, in coordination with the department, administers the vehicle emission inspection/maintenance program contained in the revised Texas State Implementation Plan.

           (4)  Revised State Implementation Plan - The Texas State Implementation Plan as revised in accordance with U. S. Environmental Protection Agency, 40 Code of Federal Regulations, Part 51, Subpart S, issued November 5, 1992, including procedures and requirements of the vehicles emission inspection/maintenance program.

           (5)  TNRCC - The Texas Natural Resource Conservation Commission.

           (6)  Vehicle - Every motor-driven or propelled vehicle required to be registered in this state and subject to vehicle emissions inspection under TNRCC rules.

           (7)  Vehicle emissions certificate - a unique inspection certificate in a form prescribed by the TNRCC which verifies a vehicle has been inspected in accordance with the provisions of its vehicle inspection/maintenance program.

           (8)  Year model - The model year recorded on the registration receipt or certificate of title, or if a Texas title has not been issued, on the surrendered evidence of ownership.

      (c)  Conditions to vehicle registration.

           (1) in a county included in a vehicle emissions inspection/  maintenance program, an applicant for vehicle registration or renewal of registration must submit a valid emissions inspection certificate issued by an authorized inspection station within 90 cays preceding the date on which the vehicle is registered in accordance with the following requirements.

                (A)  A vehicle registered in a county covered by an annual vehicle emissions testing program must be inspected annually.

                (B)  A vehicle registered in a county covered by a biennial vehicle emissions testing program must be inspected every even-numbered calendar year if the vehicle has an even-numbered year model and every odd-numbered year model and every odd-numbered calendar year if the vehicle has an odd-numbered year model.

           (2)  The provisions of paragraph (1) of this subsection do not apply to:

                (A)  the registration of a vehicle in conjunction with the vehicle's first sale;

                (B)  the transfer of ownership if the vehicle is currently registered under the emissions verification specifications required in this subsection; or

                (C)  the transfer of ownership of an unregistered vehicle if the vehicle will be subsequently registered in a county not included in a vehicle emissions inspection/maintenance program, provided that the purchaser furnishes evidence of county residency required by paragraph (3) of this subsection.

           (3)  When registering a vehicle in a county that is not included in a vehicle emissions inspection/maintenance program, the applicant for registration must provide evidence of residency in that county.  Such evidence may consist of any one of the following:

                (A)  a voter registration card;

                (B)  a driver's license;

                (C)  a utility or telephone bill;

                (D)  a property tax payment statement or receipt for payment of property tax;

                (E)  a school tuition receipt; or

                (F)  evidence of compliance with the Texas Motor Vehicles Safety Responsibility Act, Texas Civil Statutes, Article 6701h.

      (d)  County reporting.  Each county tax assessor- collector shall submit by March 1 of each year, in a form and manner prescribed by the department, an annual report to the department and the TNRCC that shows for the previous calendar year.

           (1)  the number of vehicle registrations denied because of the applicant's failure to provide proof of residency in the county.

           (2)  the number of vehicle registrations denied because the applicant's failure to provide the original vehicle emissions inspection certificate; and

           (3)  an itemized accounting of the costs to the county for administering the provisions of this section.