37 Tex. Admin. Code § 23.61 – Procedures for Certification

(a) Duties and responsibilities of certified inspectors. Before a person may inspect vehicles under the Texas Vehicle Inspection Act, the person must be certified by the Texas Department of Public Safety.
1. (1) A certified inspector will be thoroughly instructed in the vehicle inspection program.
2. (2) A certified inspector shall conduct a thorough and efficient inspection of every vehicle presented for an official inspection, as authorized by the station's endorsement.
3. (3) Each certified inspector shall qualify, by training and examination approved by the department, for one or more of the following qualifications which indicate the type of inspection certificates the inspector is certified to issue and the types of inspections the inspector is qualified to perform. The qualifications are as follows:
  1. (A) S. May inspect any vehicle requiring a safety only vehicle inspection windshield certificate, i.e., one-year, two-year, trailer, and motorcycle.
  2. (B) C. May inspect any vehicle requiring a commercial inspection windshield certificate, i.e., commercial motor vehicle and commercial trailer.
  3. (C) E. May inspect any vehicle requiring an emissions test windshield certificate, i.e., one-year safety/emissions, and one-year emissions only (unique emissions test-only inspection certificate).
4. (4) A certified inspector shall not use alcohol or drugs, nor be under the influence of either while on duty. Prescription drugs may be used when prescribed by a licensed physician, provided the inspector is not impaired while on duty.
5. (5) A certified inspector shall inspect a vehicle presented for inspection within a reasonable time.
6. (6) A certified inspector shall notify the department representative supervising the vehicle inspection station immediately if his driver's license is suspended or revoked.
7. (7) A certified inspector shall conduct each inspection, and affix each inspection certificate, in the approved inspection area of the vehicle inspection station location designated on the certificate of appointment. The road test may be conducted outside this area.
8. (8) The certified inspector shall consult the vehicle owner or operator prior to making a repair or adjustment.
9. (9) The certified inspector shall not delegate responsibility for a proper and thorough inspection to any other person, and shall have complete control of the vehicle to be tested during the entire test procedure.
10. (10) The certified inspector shall not require a vehicle owner whose vehicle has been rejected to have repairs made at a specific garage.
11. (11) The certified inspector shall maintain a clean and orderly appearance and be courteous in his contact with the public.
(b) Qualifications for certification as a certified inspector. To qualify as an inspector an applicant shall:
1. (1) be at least 18 years of age;
2. (2) hold a valid driver's license from state of residence during period of certification;
3. (3) submit to a criminal history and drivers license check by the department;
4. (4) not be subject to denial of an application nor suspension or revocation of a certificate for felony conviction or other reasons as detailed in §23.15 of this title (relating to Inspection Station and Certified Inspector Denial, Revocation, Suspensions, and Administrative Hearings);
5. (5) not be under suspension in the Texas vehicle inspection program;
6. (6) make an application for inspector certification on a form prescribed by the department;
7. (7) attend a training session approved by the department;
8. (8) pass, with a grade of not less than 80, an examination on the law and rules and regulations of the department pertinent to the vehicle inspection program;
9. (9) successfully demonstrate ability to correctly operate the testing devices at the vehicle inspection station; and
10. (10) submit a statutory fee of $10 when the certification process is completed and the person is ready for issuance of an inspector's certificate.
11. (11) applicants shall be exempt from the inspector certification fee if employed at a governmental inspection station. Dual authorization for another class of inspection station would require an inspector certification fee.
(c) How instruction is furnished. Instruction is furnished by:
1. (1) inspector schools conducted by the department, or
2. (2) external inspector training schools certified by the department.
(d) Certification after attendance at department training school.
1. (1) Periodic certified inspector schools may be conducted by the department for persons currently employed by certified vehicle inspection stations.
2. (2) After each certified inspector school, examinations will be given individually or in groups by the department representative or an individual certified by the department. Examinations will not necessarily be given during the same hours the school is held.
3. (3) When training and examinations are successfully completed and fees are submitted, the applicant is provisionally certified pending final departmental approval.
(e) Certification after attendance at departmental approved external training school.
1. (1) The external training school shall issue a three-part certificate of completion (copy 1--department, copy 2--applicant, copy 3--school) for each eligible applicant to be turned in to the department representative upon making application to become a certified inspector.
2. (2) The certified instructor shall notify the applicant to submit the certificate of completion along with a completed application and application fee to the department for certification processing prior to performing any inspections.
3. (3) The applicant shall submit the certificate of completion, inspector application and applicable fees to the department within 90 days of completing the external training school.
4. (4) The application shall be submitted for processing through the designated department office in which the individual is making application to become a certified inspector.
5. (5) Once the department representative receives the certificate, the application and fee; the application and certificate shall be forwarded to the Manager of Vehicle Inspection Records, Austin, Texas.
6. (6) Vehicle Inspection Records shall process inspector applications and review for completeness. Applications will be checked for the following items:
  1. (A) full name of applicant;
  2. (B) applicant's complete home address (street, city, state, zip);
  3. (C) applicant's driver license number;
  4. (D) applicant's social security number;
  5. (E) information on station employing the applicant, to include station certificate number, business phone number, address;
  6. (F) signature of applicant; and
  7. (G) signature of department representative.
7. (7) Any application missing any of the information above will be returned to the department representative processing the application for corrections.
8. (8) The Manager of Vehicle Inspection Records shall perform an inquiry to check for valid driver license and for any court imposed punishment. If the applicant is found eligible, a certificate will be generated. If the applicant is found to be ineligible, the application shall be returned to the applicant with a denial letter.
9. (9) Vehicle Inspection Records shall forward the applicant's inspector certificate to the department representative for issuance to inspector. This certificate is conditional upon compliance with department rules and regulations and is subject to renewal.
(f) Where certification examination process may take place.
1. (1) The written examination may be conducted at the Department of Public Safety office, or any place approved by the Department of Public Safety.
2. (2) The demonstration of the ability to correctly operate the testing devices will ordinarily be conducted at the vehicle inspection station where the person is employed, but it may be conducted elsewhere. In every instance, the demonstration will be performed on the same type device as used at the place of employment.
(g) Failure to pass the examination.
1. (1) Each applicant will be given a minimum of two opportunities to pass an inspector's examination. Applicants will be notified of any failure, shown their mistakes, and given the correct answers to questions missed on the first examination. Applicants will be advised of where and when a subsequent retest may be administered.
2. (2) Applicants who fail their first examination will be given a different examination for the second examination.
3. (3) Applicants who fail their second examination given by the department must wait at least 30 days before taking a subsequent examination.
(h) Failure to pass the demonstration test.
1. (1) Persons failing the demonstration test will be notified of any mistakes, shown correct usage, and advised where and when a subsequent test may be taken.
2. (2) After two consecutive failures, additional tests will be conducted only after due evaluation of the circumstances involved.
(i) Applicant passing the written test and the demonstration test.
1. (1) An applicant passing the written and demonstration tests will be so notified.
2. (2) The individual, service manager or station owner will be notified of the applicant's successful completion of the required tests.
3. (3) Inspection procedure, record keeping, and security regulations will be reviewed by the department.
(j) Renewal testing. The department may require testing and/or training of certified inspectors prior to certification renewal.
(k) Expiration of certification of inspectors. An inspector's certification will expire:
1. (1) when provisional certification has been withdrawn by the department;
2. (2) when the certified inspector fails to attend a required renewal testing and/or training; or
3. (3) August 31 of each even-numbered year following the date of appointment. Thereafter, appointment as inspector shall be made for two-year periods.
(l) Certification after suspension.
1. (1) After expiration of a period of suspension, a person desiring reinstatement may request reinstatement by notifying in writing the appropriate regional supervisor and:
  1. (A) make a written application for reinstatement;
  2. (B) meet all qualifications for appointment;
  3. (C) pass the complete written and demonstration test; and
  4. (D) submit the inspector's certification fee if certification has expired during suspension.
2. (2) If the certified inspector passes all tests, the inspector certificate card, will be reissued.
(m) Reexamination. The department representative may require the certified inspector to take all or part of the written and demonstration tests at any time or may require attendance at any training program. Failure to pass a required test may result in revocation of the inspector's certificate.
(n) Dual authorization. A certified inspector may be certified at more than one vehicle inspection station at the same time. Inspection station owners shall furnish information as may be required by the department pertaining to inspectors employed at stations within three working days of a change in the inspector's employment.
(o) Changes in employment.
1. (1) If a certified inspector changes their place of employment, the inspector shall prove their ability to correctly operate the testing equipment at such new vehicle inspection station, and may be required to take a complete written examination before the inspector will be allowed to inspect at the new location.
2. (2) The inspection station owner shall notify the department representative supervising the station within three working days of a change in employment of inspectors at that station.
(p) Certified inspector schools.
1. (1) Schools given by the department are conducted on a region-wide schedule according to need at any time during the year.
2. (2) The department may certify external inspector training schools to provide training to applicants to be certified as inspectors as provided in §23.62 of this title (relating to Certification of External Inspector Training Schools).
(q) Withdrawal of application. An application for a license as a certified inspector may be withdrawn by the applicant at any time. An application will be deemed withdrawn when 60 days elapses:
1. (1) from the first failure of the inspector's written examination; or
2. (2) from the successful completion of the written emissions examination when the applicant has not requested that a demonstration test on the testing equipment be given.
(r) Upon implementation of the Texas Automated Vehicle Inspection System (TAVIS), the department may automate procedures for inspector certification, which may include, but is not limited to:
1. (1) application,
2. (2) training,
3. (3) examination,
4. (4) certification,
5. (5) enrollment into the TAVIS system, and
6. (6) renewal training, examination and certification.
7. (7) Upon implementation of the Texas Automated Vehicle Inspection System (TAVIS), inspector initial applications and renewals shall be processed through TAVIS and may be required to pay an additional automation fee of $2.00 in addition to the statutory certification fee.

Source Note:The provisions of this §23.61 adopted to be effective December 5, 1977, 2 TexReg 4540; amended to be effective March 31, 1982, 7 TexReg 1182; amended to be effective June 2, 1986, 11 TexReg 2387; amended to be effective July 5, 1990, 15 TexReg 3641; amended to be effective June 8, 1993, 18 TexReg 3355; amended to be effective December 7, 1998, 23 TexReg 12450; amended to be effective January 27, 2002, 27 TexReg 613; amended to be effective January 2, 2006, 30 TexReg 8987.