HBA-MSH H.B. 2787 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2787
By: Geren
Public Safety
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

In 1999, there were approximately 41,000 non-resident students enrolled in
public universities in Texas, many of whom own vehicles registered in other
states.  Prior to the 77th Legislature, there was no requirement for an
owner of a vehicle registered in another state to obtain a Texas vehicle
inspection certificate while temporarily residing in Texas.  Therefore, the
state had no means to determine if these vehicle conform to Texas safety
and environmental standards.  House Bill 2787 prohibits certain public
universities from issuing a vehicle permit to a student who has not
received written notice concerning state requirements for vehicle emissions
inspection. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Public Safety Commission in SECTION
1 (Section 51.207, Education Code) of this bill. 

ANALYSIS

House Bill 2787 amends the Education Code to prohibit a public institution
of higher education located in an area in which motor vehicles are required
to undergo vehicle emissions inspection from issuing a permit to a student
of the institution for driving or parking a motor vehicle that is not
registered in this state on institutional property unless the institution
has provided written notice to the student concerning state requirements
for vehicle emissions inspections.  The bill requires the Public Safety
Commission to adopt rules providing for the inspection of motor vehicles
not registered in this state for the purpose of obtaining a permit. 

The bill prohibits a public institution of higher education that is not
located in an area in which motor vehicles are required to undergo vehicle
emissions inspection from issuing a permit unless the institution provides
written notice to the student that failure to register the vehicle in Texas
or to display a current and appropriate inspection certificate may violate
state law if the owner of the vehicle resides in this state.  The bill
requires each institution of higher education that maintains a campus
police force to adopt procedures for enforcing State of Texas vehicle
inspection laws for vehicles parking or driving on the campus of the
institution. 

The bill authorizes a public institution of higher education rather than
each institution to provide for the issuance and use of suitable vehicle
identification insignia.  

EFFECTIVE DATE

September 1, 2001, except that provisions of this bill governing public
institutions of higher education located in an area in which motor vehicles
are required to undergo vehicle emissions inspection take effect January 1,
2002.