HBA-TBM C.S.H.B. 832 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 832
By: Madden
Public Safety
4/12/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, vehicle emissions tests and vehicle safety inspections
are required to be certified by the Department of Public Safety (DPS) even
though they are often performed by private technicians not affiliated with
DPS.  For these programs to continue in an efficient and profitable manner,
reliable communication between DPS and private sector participants and
effective supervision by state officials may be necessary.  C.S.H.B. 832
establishes an advisory committee to assist DPS in the certification of
motor vehicle inspection stations and inspectors.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 832 amends the Transportation Code to create a six member advisory
committee to assist the Department of Public Safety in the certification of
motor vehicle inspection stations and inspectors.  The bill sets forth
provisions for the appointment of members to the committee, reimbursement
of travel expenses, committee composition and terms of offices.  The bill
requires the public safety commissioners and the members of the Texas
Natural Resource Conservation Commission to appoint the initial members no
later than January 1, 2002.   

EFFECTIVE DATE

September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 832 differs from the original by reducing from nine to six the
number of members of the advisory committee.  The substitute requires the
public safety commissioners to appoint three rather than each commissioner
to appoint three members of the committee.  The substitute requires each
member of the Texas Natural Resource Conservation Commission (TNRCC) to
appoint one member of the committee. The substitute provides that the
presiding officer of the committee shall be the member appointed by the
presiding officer of TNRCC, rather than be elected by the committee.  The
substitute replaces the schedule of initial member terms with the following
schedule:   

 _a representative of inspection station owners and operators appointed by
a public safety commissioner to serve a one-year term;  

 _a representative of manufacturers of motor vehicle emissions inspection
devices appointed by a public safety commissioner to serve a two-year term;

 _a representative of the public interest appointed by a public safety
commissioner to serve  a three-year term;  

 _a presiding officer appointed to a three-year term by the presiding
officer of TNRCC;  

 _a member appointed to a one-year term by a member of TNRCC other than the
presiding officer; and  

 _a member appointed to a two-year term by a member of TNRCC other than the
presiding officer.