Texas Register, Volume 30, Number 41, Pages 6499-6834, October 14, 2005 Page: 6,594
6499-6834 p. ; 28 cm.View a full description of this periodical.
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necessary for carrying out the department's work; and Texas
Transportation Code, 548.002 and 548.258 which authorize
the department to adopt rules to administer and enforce the
compulsory inspection of vehicles and requiring inspection
stations to use TexasOnline to purchase inspection certificates,
send records, reports, and other information to the department.
Texas Government Code, 411.004(3) and Texas Transportation
Code, 548.002 and 548.258 are affected by this proposal.
23.73. Inspection Fees.
(a) The maximum inspection fees charged for all vehicles are
set by statute or administrative rule. All required inspection items shall
be examined with the inspection fees in accordance with the following
schedule:
(1) - (3) (No change.)
(4) Emissions only inspection.
(A) El Paso County--$14.00. In the event, an approved
Low Income Repair Assistance Program (LIRAP) is implemented--
$16.00 [$17.oo00].
(B) - (C) (No change.)
(5) Vehicles subject to safety and emissions inspection.
(A) El Paso County--$26.50. In the event an approved
Low Income Repair Assistance Program (LIRAP) is implemented--
$28.50 [$29.50].
(B) - (C) (No change.)
(b) The inspection fee is chargeable at the time of the original
inspection whether the vehicle is approved or disapproved. Every in-
spection shall be completed before a vehicle is approved or rejected.
(1) The inspection fee may not be included in combination
with other services or products [not related to any item of inspection.
Under no circumstance shal an inspection station require purchase or
payment for th4oise additional services or produts as prerequisite in ob-
taining an inspection of a vehicle].
(2) The inspection fee may not be advertised in conjunction
with other products or services [not related to any item of inspeetin.
All advertisements of the inspection fee in conjunction or in combina-
tion with non-related services or products must clearly state that the
purchase of the services or products are not required to obtain the re-
quired inspeetin at the fee speeifled in this section].
(3) - (4) (No change.)
(c) Notwithstanding subsection (a) of this section and upon
implementation of the Texas Automated Vehicle Inspection System
(TAVIS), an automation fee of $2.00 for each safety inspection cer-
tificate and $0.25 for each emissions inspection certificate shall be
charged to the inspection station, in addition to any other state man-
dated prepaid fee. Inspection stations may recover these automation
fees from customers presenting vehicles for inspection by adding the
corresponding automation fee to the inspection fee amounts as detailed
in this section.
23.75. Change of Location, Name, or Ownership.
(a) - (b) (No change.)
(c) Upon implementation of the Texas Automated Vehicle In-
spection System (TAVIS), owners of vehicle inspection stations con-
templating a change of location, change of name, or change of own-
ership shall notify the department representative before such change
is made. A vehicle inspection station owner implementing any signif-
icant change must effect change(s) in the same manner as an initialapplication as detailed in 23.1 of this title (relating to New Applica-
tions) along with any applicable fee.
23.76. Going Out of Business.
If a vehicle inspection station intends to go out of business, the licensee
shall notify the department representative and immediately return all
forms, inspection certificates, [and] signs, any equipment furnished by
the department and/or state authorized vendor(s), and any other official
materials relating to the state inspection program [inspections]. Failure
to comply with the requirement of this section may result in criminal
prosecution, as well as necessary civil recovery action and may impede
any [interfere with the] reappointment of the vehicle inspection station.
23.79. Handling Insufficient Funds Checks.
(a) Vehicle inspection stations with two or more outstanding
insufficient funds checks will be suspended and all inspection [(afety )]
certificates surrendered until the checks have cleared. Once the inspec-
tion station has reopened, certificate purchases will only be allowed
by cashier's check or money order for a minimum six-month time pe-
riod. A second incident involving an insufficient funds check will again
result in suspension of the inspection station until the check(s) has
cleared. Once the inspection station has reopened, inspection certifi-
cate purchases will only be allowed by cashier's check or money order
for a minimum of 18 month time period. A third incident involving
an insufficient funds check(s) will result in suspension of the inspec-
tion station and the requirement that inspection certificate purchases
be made only by cashier's check or money order for an indefinite time
period.
(b) Upon implementation of the Texas Automated Vehicle In-
spection System (TAVIS), the failure of an inspection station to have
sufficient funds available to cover an electronic funds transfer to the
department's account shall be cause for summary temporary cessation
of authorization to perform state inspections and record TAVIS trans-
actions (TAVIS lock-out) until the matter has been rectified. Further,
if a check or electronic transfer of funds to the department is dishon-
ored, the department may take any and all actions authorized by law
including, but not limited to, lock-out, suspension and/or revocation of
certification of the station, surrender of all inspection certificates held
by the station, and payment of service charges, administrative fees, at-
tornmey, and litigation fees.
23.81. Inspection Station Acquisition of Certificates Using Texas
Automated Vehicle Inspection System (TAVIS).
(a) Upon implementation of the Texas Automated Vehicle In-
spection System (TAVIS), the department shall require inspection sta-
tions to acquire inspection certificates utilizing department approved
procedures to facilitate automation of the state inspection system.
(b) The department procedures to provide inspection certifi-
cates may include but not be limited to ordering through the TAVIS
station interface device located at the station, mail, telephone, other
electronic access methods, and/or in person at designated department
facilities.
(c) An automation fee of $2.00 for each safety inspection cer-
tificate and $0.25 for each emissions inspection certificate shall be
charged to the inspection station, in addition to any other required fee.
(d) The Texas Uniform Statewide Accounting System (USAS)
requires TAVIS e-pay transactions for certificates to be limited to those
compatible with electronic funds transfers, electronic checks, and sim-
ilar transaction means.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.30 TexReg 6594 October 14, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 41, Pages 6499-6834, October 14, 2005, periodical, October 14, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97314/m1/93/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.