HBA-MSH C.S.H.B. 2787 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2787 By: Geren Public Safety 4/6/2001 Committee Report (Substituted) 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. Currently, there is 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 has no means to determine if these vehicle conform to Texas safety and environmental standards. C.S.H.B. 2787 prohibits certain public universities from issuing a vehicle permit to a student whose vehicle has not passed the 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 and is subject to local emissions testing requirements on institutional property unless the vehicle displays a current and appropriate inspection certificate indicating that the vehicle has passed the required vehicle emissions inspection. The bill authorizes an institution to provide a reasonable grace period for a new or returning student or a student who acquires a vehicle. 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 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2787 differs from the original by prohibiting the issuance of a vehicle permit to students whose vehicles have not passed an emissions inspection in areas where vehicle emissions inspections are required whereas the original bill prohibited the issuance of a vehicle permit to students whose vehicles have not passed vehicle inspection or are not registered in the state. The substitute requires a public institution of higher education that is not located in an area that requires vehicle emissions inspections to provide written notice to a student that failure to register a vehicle or display the appropriate inspection certificate may violate state law. The substitute requires the Public Safety Commission, rather than the Department of Public Safety to adopt rules.