A BILL TO BE ENTITLED

AN ACT

relating to the modification of a motor vehicle to emit soot, smoke,

or other particulate matter; creating an offense; imposing an

administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter F, Chapter 548, Transportation Code,

is amended by adding Section 548.305 to read as follows:

Sec. 548.305. MODIFICATION OF MOTOR VEHICLE TO EMIT SOOT,

SMOKE, OR OTHER PARTICULATE MATTER. (a) The registered owner of a

diesel-powered motor vehicle commits an offense if the owner

modifies or causes to have modified the motor vehicle in a manner

that the owner knows or should know will increase the motor

vehicle's capacity to emit soot, smoke, or other particulate

matter.

(b) The operator of a diesel-powered motor vehicle commits

an offense if the operator intentionally or knowingly uses a

modification described by Subsection (a) to release a significant

quantity of soot, smoke, or other particulate matter while

operating the vehicle on a public street, road, or highway.

(c) An offense under this section is a Class C misdemeanor.

SECTION 2. Section 548.3065(c-1), Transportation Code, is

amended to read as follows:

(c-1) The conservation commission may impose an

administrative penalty on a person :

(1) in the amount of not more than $500 for each

violation of this subchapter or a rule adopted by the conservation

commission under this subchapter ; or

(2) in the amount of not more than $2,500 for a

violation of Section 548.305 .