Unless specifically defined in Texas Health and Safety
Code, Chapter 382, also known as the Texas Clean Air Act (TCAA), or in the
rules of the commission, the terms used by the commission have the meanings
commonly ascribed to them in the field of air pollution control. In addition to
the terms that are defined by the TCAA, the following words and terms, when
used in Subchapter C of this chapter (relating to Vehicle Inspection and
Maintenance; Low Income Vehicle Repair Assistance, Retrofit, and Accelerated
Vehicle Retirement Program; and Early Action Compact Counties), have the
following meanings, unless the context clearly indicates otherwise.
(1) Acceleration simulation mode (ASM-2)
test--An emissions test using a dynamometer (a set of rollers on which a test
vehicle's tires rest) that applies an increasing load or resistance to the
drive train of a vehicle, thereby simulating actual tailpipe emissions of a
vehicle as it is moving and accelerating. The ASM-2 vehicle emissions test is
comprised of two phases:
(A) the 50/15
mode--in which the vehicle is tested for 90 seconds upon reaching and
maintaining a constant speed of 15 miles per hour (mph) on a dynamometer that
simulates acceleration at a rate of 3.3 mph per second by using 50% of the
vehicle available horsepower; and
(B) the 25/25 mode--in which the vehicle is
tested for 90 seconds upon reaching and maintaining a constant speed of 25 mph
on a dynamometer that simulates acceleration at a rate of 3.3 mph per second by
using 25% of the vehicle available horsepower.
(2) Consumer price index--The consumer price
index for any calendar year is the average of the consumer price index for
all-urban consumers published by the United States Department of Labor, as of
the close of the 12-month period ending on August 31 of the calendar
year.
(3) Controller area network
(CAN)--A vehicle manufacturer's communications protocol that connects to the
various electronic modules in a vehicle. CAN provides one protocol that
collects information from the vehicle's electronic systems including the
on-board diagnostics (OBD) emissions testing system. The United States
Environmental Protection Agency requires the CAN protocol to be installed in
OBD-compliant vehicles beginning with some model year 2003 vehicles and phasing
in to all OBD-compliant vehicles by the 2008 model year.
(4) Low-volume emissions inspection
station--A vehicle emissions inspection station that meets all criteria for
obtaining a low-volume waiver from the Texas Department of Public
Safety.
(5) Motorist--A person or
other entity responsible for the inspection, repair, and maintenance of a motor
vehicle, which may include, but is not limited to, owners and
lessees.
(6) On-board diagnostic
(OBD) system--The computer system installed in a vehicle by the manufacturer
that monitors the performance of the vehicle emissions control equipment, fuel
metering system, and ignition system for the purpose of detecting malfunction
or deterioration in performance that would be expected to cause the vehicle not
to meet emissions standards. All references to OBD should be interpreted to
mean the second generation of this equipment, sometimes referred to as OBD
II.
(7) On-road test--Utilization
of remote sensing technology to identify vehicles operating within the
inspection and maintenance program areas that have a high probability of being
high-emitters.
(8) Out-of-cycle
test--Required emissions test not associated with vehicle safety inspection
testing cycle.
(9) Primarily
operated--Use of a motor vehicle greater than 60 calendar days per testing
cycle in an affected county. Motorists shall comply with emissions requirements
for such counties. It is presumed that a vehicle is primarily operated in the
county in which it is registered.
(10) Program area--County or counties in
which the Texas Department of Public Safety, in coordination with the
commission, administers the vehicle emissions inspection and maintenance
program contained in the Texas Inspection and Maintenance State Implementation
Plan. These program areas include:
(A) the
Dallas-Fort Worth program area, consisting of the following counties: Collin,
Dallas, Denton, and Tarrant;
(B)
the El Paso program area, consisting of El Paso County;
(C) the Houston-Galveston-Brazoria program
area, consisting of Brazoria, Fort Bend, Galveston, Harris, and Montgomery
Counties;
(D) the extended
Dallas-Fort Worth program area, consisting of Ellis, Johnson, Kaufman, Parker,
and Rockwall Counties. These counties became part of the program area as of May
1, 2003; and
(E) the Bexar County
program area, consisting of Bexar County.
(11) Retests--Successive vehicle emissions
inspections following the failing of an initial test by a vehicle during a
single testing cycle.
(12) Testing
cycle--Before the single sticker transition date as defined in §
114.1 of this title (relating to
Definitions), the annual cycle commencing with the first safety inspection
certificate expiration date for which a motor vehicle is subject to a vehicle
emissions inspection or beginning on the single sticker transition date, the
annual cycle commencing with the first vehicle registration expiration date for
which a motor vehicle is subject to a vehicle emissions inspection.
(13) Two-speed idle (TSI) inspection and
maintenance test--A measurement of the tailpipe exhaust emissions of a vehicle
while the vehicle idles, first at a lower speed and then again at a higher
speed.
(14) Uncommon part--A part
that takes more than 30 days for expected delivery and installation where a
motorist can prove that a reasonable attempt made to locate necessary emission
control parts by retail or wholesale part suppliers will exceed the remaining
time prior to expiration of:
(A) the vehicle
safety inspection certificate prior to the single sticker transition date as
defined in §
114.1 of this title (relating to
Definitions);
(B) the vehicle
registration beginning on the single sticker transition date as defined in
§
114.1 of this title; or
(C) the 30-day period following an
out-of-cycle inspection.
Notes
30
Tex. Admin. Code §
114.2
The provisions of
this §114.2 adopted to be effective December 1, 1997, 22 TexReg 11388;
amended to be effective May 11, 2000, 25 TexReg 4009; amended to be effective
November 20, 2001, 26 TexReg 9386; amended to be effective October 7, 2004, 29
TexReg 9374; amended to be effective November 17, 2005, 30 TexReg 7478; amended
to be effective December 13, 2010, 35 TexReg 10985; amended to be effective
March 6, 2014, 39 TexReg 1400; Amended by
Texas
Register, Volume 40, Number 20, May 15, 2015, TexReg
2676, eff. 5/21/2015; Amended by
Texas
Register, Volume 48, Number 50, December 15, 2023, TexReg
7581, eff.
12/21/2023