Current through Reg. 50, No. 13; March 28, 2025
(a) Applicability.
The requirements of this section and those contained in the Texas Inspection
and Maintenance (I/M) State Implementation Plan (SIP) must be applied to all
gasoline-powered motor vehicles 2 - 24 years old and subject to an annual
emissions inspection beginning with the first safety inspection. Military
tactical vehicles, motorcycles, diesel-powered vehicles, dual-fueled vehicles
that cannot operate using gasoline, and antique vehicles registered with the
Texas Department of Motor Vehicles are excluded from the program. Safety
inspection facilities and inspectors certified by the Texas Department of
Public Safety (DPS) must inspect all subject vehicles in the following program
areas as defined in §
114.2 of this title (relating to
Inspection and Maintenance Definitions), in accordance with the following
schedule.
(1) This paragraph applies to all
vehicles registered and primarily operated in the Dallas-Fort Worth (DFW)
program area.
(A) Beginning May 1, 2002, all
1996 and newer model year vehicles registered and primarily operated in Collin,
Dallas, Denton, and Tarrant Counties equipped with on-board diagnostic (OBD)
systems must be tested using United States Environmental Protection Agency
(EPA)-approved OBD test procedures.
(B) Beginning May 1, 2002, all pre-1996 model
year vehicles registered and primarily operated in Collin, Dallas, Denton, and
Tarrant Counties must be tested using an acceleration simulation mode (ASM-2)
test or a vehicle emissions test approved by the EPA.
(C) All vehicle emissions inspection stations
in affected program areas must offer both the ASM-2 test and the OBD test
except low volume emissions inspection stations. If an owner or operator wishes
to have his or her station classified as a low volume emissions inspection
station, the station owner or operator shall petition the DPS in accordance
with the rules and procedures established by the DPS.
(2) This paragraph applies to all vehicles
registered and primarily operated in the extended DFW (EDFW) program area.
(A) Beginning May 1, 2003, all 1996 and newer
model year vehicles registered and primarily operated in Ellis, Johnson,
Kaufman, Parker, and Rockwall Counties equipped with OBD systems must be tested
using EPA-approved OBD test procedures.
(B) Beginning May 1, 2003, all pre-1996 model
year vehicles registered and primarily operated in Ellis, Johnson, Kaufman,
Parker, and Rockwall Counties must be tested using an ASM-2 test or a vehicle
emissions test approved by the EPA.
(C) All vehicle emissions inspection stations
in affected program areas must offer both the ASM-2 test and the OBD test
except low volume emissions inspection stations. If an owner or operator wishes
to have his or her station classified as a low volume emissions inspection
station, the station owner or operator shall petition the DPS in accordance
with the rules and procedures established by the DPS.
(3) This paragraph applies to all vehicles
registered and primarily operated in the Houston-Galveston-Brazoria (HGB)
program area.
(A) Beginning May 1, 2002, all
1996 and newer model year vehicles registered and primarily operated in Harris
County equipped with OBD systems must be tested using EPA-approved OBD test
procedures.
(B) Beginning May 1,
2002, all pre-1996 model year vehicles registered and primarily operated in
Harris County must be tested using an ASM-2 test or a vehicle emissions test
approved by the EPA.
(C) All
vehicle emissions inspection stations in affected program areas must offer both
the ASM-2 test and the OBD test except low volume emissions inspection
stations. If an owner or operator wishes to have his or her station classified
as a low volume emissions inspection station, the station owner or operator
shall petition the DPS in accordance with the rules and procedures established
by the DPS.
(D) Beginning May 1,
2003, all 1996 and newer model year vehicles equipped with OBD systems and
registered and primarily operated in Brazoria, Fort Bend, Galveston, and
Montgomery Counties must be tested using EPA-approved OBD test
procedures.
(E) Beginning May 1,
2003, all pre-1996 model year vehicles registered and primarily operated in
Brazoria, Fort Bend, Galveston, and Montgomery Counties must be tested using
the ASM-2 test procedures or a vehicle emissions test approved by the
EPA.
(4) This paragraph
applies to all vehicles registered and primarily operated in the El Paso
program area.
(A) All vehicles must be tested
using a two-speed idle (TSI) test through December 31, 2006.
(B) Beginning January 1, 2007, all 1996 and
newer model year vehicles equipped with OBD systems must be tested using
EPA-approved OBD test procedures.
(C) Beginning January 1, 2007, all pre-1996
model year vehicles must be tested using a TSI test.
(D) Beginning January 1, 2007, all vehicle
emissions inspection stations in the El Paso program area must offer both the
TSI test and OBD test.
(5) This paragraph applies to all vehicles
registered and primarily operated in the Bexar County program area.
(A) Beginning November 1, 2026, all 2 - 24
year old subject vehicles equipped with OBD systems must be tested using
EPA-approved OBD test procedures.
(B) Beginning November 1, 2026, all vehicle
emissions inspection stations in the Bexar County program area must offer the
OBD test.
(b)
Control requirements.
(1) No person or entity
may operate, or allow the operation of, a motor vehicle registered in the DFW,
EDFW, HGB, El Paso, and Bexar County program areas that does not comply with:
(A) all applicable air pollution emissions
control-related requirements included in the annual vehicle safety inspection
requirements administered by the DPS as evidenced prior to the single sticker
transition date as defined in §
114.1 of this title (relating to
Definitions) by a current valid inspection certificate affixed to the vehicle
windshield, a current valid vehicle inspection report (VIR), or other form of
proof authorized by the DPS;
(B)
beginning on the single sticker transition date, all applicable air pollution
emissions control-related requirements included in the annual vehicle safety
inspection requirements administered by the DPS, as evidenced by a current
valid vehicle registration insignia sticker, a current valid VIR, or other form
of proof authorized by the DPS or the DMV; and
(C) the vehicle emissions I/M requirements
contained in this subchapter.
(2) All federal government agencies must
require a motor vehicle operated by any federal government agency employee on
any property or facility under the jurisdiction of the federal government
agency and located in a program area to comply with all vehicle emissions I/M
requirements specified in Texas Health and Safety Code, Subchapter G,
§§382.201 - 382.216 (concerning Vehicle Emissions), and this chapter.
Commanding officers or directors of federal facilities shall certify annually
to the executive director, or appointed designee, that all subject vehicles
have been tested and are in compliance with the Federal Clean Air Act
(42 United States Code,
§§
7401 et seq.). This requirement
will not apply to visiting federal government agency, employee, or military
personnel vehicles as long as such visits do not exceed 60 calendar days per
year.
(3) Any motorist in the DFW,
EDFW, HGB, El Paso, or Bexar County program areas who has received a notice
from an emissions inspection station that there are recall items unresolved on
his or her motor vehicle should furnish proof of compliance with the recall
notice prior to the next vehicle emissions inspection, such as a written
statement from the dealership or leasing agency indicating that emissions
repairs have been completed.
(4) A
motorist whose vehicle has failed an emissions test may request a challenge
retest through the DPS. If the retest is conducted within 15 days of the
initial inspection, the retest is free.
(5) A motorist whose vehicle has failed an
emissions test and has not requested a challenge retest or whose vehicle has
failed a challenge retest shall have emissions-related repairs performed and
submit a properly completed vehicle repair form (VRF) in order to receive a
retest. In order to receive a waiver or time extension, the motorist shall
submit a VRF or applicable documentation as deemed necessary by the
DPS.
(6) A motorist whose vehicle
is registered in the DFW, EDFW, HGB, El Paso, or Bexar County program areas or
in any county adjacent to a program area and whose vehicle has failed an
on-road test administered by the DPS shall:
(A) submit the vehicle for an out-of-cycle
vehicle emissions inspection within 30 days of written notice by the DPS;
and
(B) satisfy all inspection,
extension, or waiver requirements of the vehicle emissions I/M program
specified in 37 TAC Chapter 23, Subchapter E (relating to Vehicle Emissions
Inspection and Maintenance Program).
(7) A subject vehicle registered in a county
without an I/M program that meets the applicability criteria of subsection (a)
of this section and the ownership of which has changed through a retail sale as
defined by Texas Occupations Code, §
2301.002, is not
eligible for title receipt or registration in a county with an I/M program
unless proof is presented that the vehicle has passed an approved vehicle
emissions inspection within 90 days before the title transfer. The evidence of
proof required may be in the form of the vehicle inspection report (VIR) or
another proof of the program compliance as authorized by the DPS. All 1996 and
newer model year vehicles with less than 50,000 miles are exempt from the
test-on-resale requirements of this paragraph.
(8) State, governmental, and
quasi-governmental agencies that fall outside the normal registration or
inspection process must comply with all vehicle emissions I/M requirements for
vehicles primarily operated in I/M program areas.
(c) Waivers and extensions. A motorist may
apply to the DPS for a waiver or an extension as specified in 37 TAC Chapter
23, Subchapter E, which defers the need for full compliance with vehicle
emissions standards for a specified period of time after failing a vehicle
emissions inspection.
(d)
Prohibitions.
(1) No person may issue or
allow the issuance of a VIR, as authorized by the DPS unless all applicable air
pollution emissions control-related requirements of the annual vehicle safety
inspection and the vehicle emissions I/M requirements are completely and
properly performed in accordance with the rules and regulations adopted by the
DPS and the commission. Prior to taking any enforcement action regarding this
provision, the commission must consult with the DPS.
(2) Before the single sticker transition date
as defined in §
114.1 of this title, no person may
allow or participate in the preparation, duplication, sale, distribution, or
use of false, counterfeit, or stolen safety inspection certificates, VIRs,
VRFs, vehicle emissions repair documentation, or other documents that may be
used to circumvent applicable vehicle emissions I/M requirements and to commit
an offense specified in Texas Transportation Code, §
548.603
(concerning Fictitious or Counterfeit Inspection Certificate or Insurance
Document). Beginning on the single sticker transition date, no person may allow
or participate in the preparation, duplication, sale, distribution, or use of
false, counterfeit, or stolen vehicle registration insignia stickers, VIRs,
VRFs, vehicle emissions repair documentation, or other documents that may be
used to circumvent applicable vehicle emissions I/M requirements and to commit
an offense specified in Texas Transportation Code, §
548.603.
(3) No organization, business, person, or
other entity may represent itself as an emissions inspector certified by the
DPS unless such certification has been issued under the certification
requirements and procedures contained in Texas Transportation Code,
§§
548.401 -
548.404.
(4) No person may act as or offer to perform
services as a Recognized Emissions Repair Technician of Texas, as designated by
the DPS, without first obtaining and maintaining DPS
recognition.