1. (a) Access to the vehicle emissions analyzers at certified inspection stations in all counties shall be controlled using an access/identification card or other protocol as established by the department.

2. (b) Access/Identification Card (access/ID card).

   1. (1) The access/ID card is the inspector's official identification. Inspectors must carry the access/ID card on their person at all times while performing inspection duties; and it must be presented to any department official upon request.
   2. (2) Access/ID cards are department property and are nontransferable. They may not be duplicated or displayed other than on an inspector's person and must be returned to the department upon request. The inspector is responsible for all transactions made between the vehicle analyzer and the Texas Information Management System using that inspector's access/ID card.
   3. (3) The inspector is responsible for maintenance of the card. Loss of an access/ID card shall immediately be reported to the proper department representative. The replacement fee for a lost, defaced, stolen, or discarded access/ID card is $10.
   4. (4) The data records maintained in the Texas Information Management System are government records. Fraudulent use of the access/ID card or the entering of false information using the access/ID card may subject the user to criminal action under either Texas Penal Code, §37.10, Texas Transportation Code, §548.601, or both, as well as administrative action by the department.
3. (c) Prior to issuance of a license, applicants must acknowledge having read and understood the department's policy for use and protection of use of the emissions analyzer access/identification card.

Source Note:The provisions of this §23.57 adopted to be effective March 13, 2013, 38 TexReg 1701.