1. (a) All 1968 and newer year model passenger cars and light-duty trucks registered in any designated county or presented for inspection in any designated county must be inspected, as part of, and at the time of, the required annual vehicle inspection, under the Parameter Vehicle Emission Inspection and Maintenance Program and the rules of the department applicable to the particular year model. Provided, that a vehicle is not subject to an initial parameter vehicle emission inspection until after the date of the second anniversary of the vehicle's first sale. On vehicles originally sold and registered in Texas, it will be presumed that the date of the second anniversary of the vehicle's first sale will be upon the expiration of the two year safety inspection certificate unless the person seeking the safety inspection presents appropriate proof otherwise. On all vehicles that do not have a two year safety certificate it will be presumed that the date of the second anniversary of the vehicle's first sale will be the last day of September of the year model of the vehicle, unless the person seeking the safety inspection certificate presents appropriate proof otherwise. Appropriate proof will be in the form of any one of the following documents that include the date of the first sale: a bill of sale; a retail installment contract; the manufacturer's statement of origin; a purchase agreement; an extended warranty contract; or the first issued registration receipt. After the date of the second anniversary of the vehicle's first sale a vehicle may not be issued an annual safety inspection certificate until the vehicle has passed the appropriate vehicle emissions inspection required for that vehicle. A person seeking a safety inspection certificate may present appropriate proof in a form approved by the department that the vehicle has passed the vehicle emissions inspection required for that vehicle. The following vehicles are exempt from all vehicle emission inspection requirements:

   1. (1) a vehicle registered as an antique motor vehicle under Texas Transportation Code, §502.275;
   2. (2) a vehicle registered as a classic motor vehicle under Texas Transportation Code, §502.274;
   3. (3) a vehicle required to display a slow-moving emblem as defined by Texas Transportation Code, Chapter 547.001;
   4. (4) a circus vehicle that is registered to an entity engaged in the business of a commercial variety show featuring animal acts for public entertainment, and which is licensed by the Texas Board of Health under Chapter 824 of the Health and Safety Code.
2. (b) Certified inspectors that have completed the training for the Parameter Vehicle Emission Inspection and Maintenance Program in designated counties must perform the parameter vehicle emission inspection and maintenance inspection on all 1968 and later model year passenger cars and light-duty trucks presented for inspection. For the purpose of the Parameter Vehicle Emission Inspection and Maintenance Program described in this section, the term "designated counties" shall mean the counties of El Paso and Harris. Vehicle emission inspections shall be conducted only in certified Official Texas Vehicle Inspection Stations.
3. (c) Certified inspectors in all counties other than designated counties must perform the parameter vehicle emission inspection and maintenance inspection on all 1968 and later model year passenger cars and light-duty trucks presented for inspection which are currently registered and operated in designated counties, provided that the certified inspectors have completed the training for the Parameter Vehicle Emission Inspection and Maintenance Program and hold the department's current inspector's certificate for such training.
4. (d) In order to determine whether a vehicle is currently registered in a designated county, registration will be verified. Vehicles registered in designated counties will be identified by a distinguishing validation sticker as determined by the Texas Department of Transportation. Certified inspectors in the counties named in subsection (b) of this section and certified inspectors in counties adjoining designated counties will verify the registration validation stickers of each 1968 or later model year passenger car or light-duty truck presented for inspection.
5. (e) Except for those vehicles registered in designated counties which must also be inspected under the Vehicle Idle Emissions Inspection and Maintenance Program, in accordance with §23.92 of this title (relating to Vehicle Idle Emissions Inspection and Maintenance Program), vehicles having been inspected under the Parameter Vehicle Emission Inspection and Maintenance Program and found to have met the requirements of such program in addition to all other vehicle inspection requirements will be approved by the certified inspector, who will thereafter affix to the windshield an inspection certificate with a blue numeral insert designating the month in which the vehicle was inspected. The only valid inspection certificate for vehicles subject to the Parameter Vehicle Emission Inspection and Maintenance Program shall be an inspection certificate with the appropriate and currently effective blue numeral insert, except that vehicles registered in counties designated in §23.92 of this title (relating to the Vehicle Idle Emissions Inspection and Maintenance Program) shall bear an inspection certificate with a green numeral insert.

6. (f) Provided, that a vehicle which is registered in a designated county and which is otherwise subject to the Parameter Vehicle Emission Inspection and Maintenance Program need not display an inspection certificate with a blue or green numeral insert if:

   1. (1) the vehicle is owned by a person (or persons) who does not reside within any of the territorial boundaries of a designated county; and
   2. (2) the vehicle is operated within the territorial boundaries of designated counties on not more than 15 days per calendar year.
7. (g) If a person claiming to be covered by subsection (f) of this section is prosecuted for operating a vehicle on the highways in a designated county without displaying a valid inspection certificate, the defendant must prove by a preponderance of the evidence that the circumstances, as provided in subsection (f)(1) and (2) of this section, exist.
8. (h) Only those certified inspectors who have successfully completed the training and testing for the Parameter Vehicle Emission Inspection and Maintenance Program and who have received certification for such training and testing may perform the parameter vehicle emission inspection and maintenance inspections.
9. (i) Certified inspectors in any designated county in the state who have been certified to perform the parameter vehicle emission inspection and maintenance inspections shall accurately complete forms provided by the department.
10. (j) For purposes of the Parameter Vehicle Emission Inspection and Maintenance Program, the term "passenger car" shall have the meaning ascribed to it by Texas Transportation Code, §541.201(12), except that motor vehicles powered by diesel fuel or any fuel other than gasoline or gasohol are not included in the meaning of the term "passenger car" if their design precludes the use of gasoline or gasohol without modification.
11. (k) For purposes of the Parameter Vehicle Emission Inspection and Maintenance Program, the term "light-duty truck" means a motor vehicle with a manufacturer's gross weight of 8,500 pounds or less, which shall include but not be limited to, pickup trucks, panel delivery trucks, and carry-all trucks, except that motor vehicles powered by diesel fuel or any fuel other than gasoline or gasohol are not included in the meaning of the term "light-duty truck" if their design precludes the use of gasoline or gasohol without modification.

12. (l) Specific inspection requirements for passenger cars and light-duty trucks in the Parameter Vehicle Emission Inspection and Maintenance Program are as follows:

    1. (1) 1968-1979 year models.

       1. (A) Inspection parameters are thermostatic air intake system, exhaust gas recirculation system (EGR valve), PCV valves and hoses, air injection system, and evaporative emission control system (canister).
       2. (B) No inspection fee increase.
    2. (2) 1980-1983 year models. Inspection parameters, in addition to items in paragraph (1)(A) of this subsection, are choke system, heater, and rod. In addition, vehicles originally equipped with a catalytic converter at the time of manufacture shall be inspected by checking for the presence of the catalytic converter.

    3. (3) 1984 and later year models.

       1. (A) Inspection parameters, in addition to items in paragraphs (1)(A) and (2) of this subsection, are misfire, oxygen sensor, emission-related recall, and emission-related maintenance.
       2. (B) If a vehicle is rejected and is not immediately repaired, a rejection receipt shall be issued which lists items rejected and other required information.
       3. (C) The certified inspector shall mark the back of the inspection certificate which is presently affixed to the vehicle's windshield with a large "X," using a laundry marking pen, if the vehicle failed the inspection.
13. (m) The parameter vehicle emission inspection and maintenance fee is established, for purposes of this section, as $2.75, which is in addition to the statutory inspection fee. The additional fee shall be charged upon completion of the parameter vehicle emission inspection and maintenance inspection, whether or not the vehicle passed the inspection.
14. (n) Pursuant to Texas Transportation Code, §548.405, willful failure to comply with these rules may result in revocation or suspension of an inspection station's certificate of appointment or the certified inspector's certificate.
15. (o) Pursuant to Texas Transportation Code, §548.601, any person operating on the highways in designated counties, a passenger car or light-duty truck currently registered in any of those counties and required by this section to be inspected under the Parameter Vehicle Emission Inspection and Maintenance Program, without the valid inspection certificate as described in subsection (e) of this section, may be subject to prosecution and, if convicted, may be punished by a fine in an amount not to exceed that set out in Texas Transportation Code, §548.604.
16. (p) Inspection certificates issued prior to the effective date of these rules shall be valid and shall remain in effect until the expiration date thereof.
17. (q) The Public Safety Commission authorizes the director of the Department of Public Safety to promulgate, publish, and distribute necessary manuals of instruction for the implementation of the Parameter Vehicle Emission Inspection and Maintenance Program in a manner not inconsistent with these rules. Such manuals shall be available for public inspection at reasonable times at offices of the department, as designated by the director, throughout the state.
18. (r) In the case of a dual-fuel conversion, which allows a passenger car or light-duty truck to run on either gasoline (or gasohol) or liquefied petroleum gas (LPG) or natural gas (NG), removal of emission control system items required to be inspected under subsection (l) of this section will not be permitted, provided that the thermostatic air intake system, the original air cleaner, when replaced by an air cleaner compatible with the LPG/NG carburetor and any other item accepted by the United States Environmental Protection Agency, may be removed. The only dual-fuel conversion systems which will be deemed to comply with the requirements of the Parameter Vehicle Emission Inspection and Maintenance Program are those systems which have been accepted by the United States Environmental Protection Agency as meeting the requirements of the Federal Clean Air Act. A list, including those dual-fuel conversion systems meeting the requirements of federal law, in its current form and as the list may hereafter be modified as administratively necessary, is hereby adopted and is available for inspection at the headquarters of the Texas Department of Public Safety, 5805 North Lamar, Austin, Texas 78752-4422.

Source Note:The provisions of this §23.91 adopted to be effective December 25, 1995, 20 TexReg 10390; amended to be effective November 18, 1996, 21 TexReg 10991.