1. (a) The Department of Public Safety with the approval of the Public Safety Commission may allow alternate vehicle emission testing if:

   1. (1) the technology provides accurate and reliable results;
   2. (2) the technology is widely and readily available to persons interested in performing alternate vehicle emissions testing; and
   3. (3) the use of alternate testing is not likely to substantially affect federal approval of the state's air quality state implementation plan.
2. (b) This rule may not be more restrictive than federal regulations governing vehicle emissions testing.

Source Note:The provisions of this §23.94 adopted to be effective December 8, 1999, 24 TexReg 10812; amended to be effective January 2, 2006, 30 TexReg 8987.