1

Deese, William

Subject: Correct link to adopted TCEQ Rule Project No. 2013-035-114-AI PS

Attachments: 14027114_ado.pdf

From: Jamie Zech [mailto:jamie.zech@tceq.texas.gov]  

Sent: Thursday, February 25, 2016 2:42 PM

To: Aisling, Kathleen(R6) <Aisling.Kathleen@epa.gov>

Subject: RE: Correct link to adopted TCEQ Rule Project No. 2013‐035‐114‐AI PS

DOH. I thought I saw our markups on that link. Here is our saved PDF. I triple checked it for markups.  

From: Aisling, Kathleen(R6) [mailto:Aisling.Kathleen@epa.gov]  

Sent: Thursday, February 25, 2016 2:03 PM

To: Jamie Zech <jamie.zech@tceq.texas.gov>

Subject: RE: Correct link to adopted TCEQ Rule Project No. 2013‐035‐114‐AI PS

Jamie, Upon further looking at this new link, I don’t see the highlight.  John’s link you sent had yellow on the parts of the

SIP you are changing.

Even with the highlighting, this will not answer our questions.  I am working with Carrie on a time, probably Wednesday

of next week.

Thanks.

Kathleen Aisling, Environmental Engineer

Air ‐ State Implementation Section

US EPA, Region 6,  1445 Ross Avenue

6MM‐AA, Dallas, TX  75202

(214) 665‐6406

From: Jamie Zech [mailto:jamie.zech@tceq.texas.gov]  

Sent: Thursday, February 25, 2016 1:51 PM

To: Aisling, Kathleen(R6) <Aisling.Kathleen@epa.gov>

Cc: Morris Brown <morris.brown@tceq.texas.gov>; Sierra Redding <Sierra.Redding@tceq.texas.gov>; Terry Salem

<terry.salem@tceq.texas.gov>

Subject: RE: Correct link to adopted TCEQ Rule Project No. 2013‐035‐114‐AI

Hi Kathleen,  

I opened my copy of the CD that TCEQ submitted for the 2015 LIRAP rule revision (Rule Project No. 2014‐027‐114‐AI). If

the document on my CD is the same as the one in front of you, then it is not a correct representation of the adopted

rulemaking. The adopted rulemaking, with markups to indicate what was amended in 30 TAC Chapter 114, is here:

https://www.tceq.texas.gov/assets/public/legal/rules/hist_rules/Complete.14s/14027114/14027114_ado_clean.pdf.  

Please let me know if this clears up the confusion related to the LIRAP rulemaking. If there are still questions, TCEQ air

quality and legal staff have the following availability next week for a conference call with you and Carrie Thomas:

 Monday after 2PM;

 Tuesday after 1PM;

 Wednesday after 1PM; and

 Friday after 1PM.

Best,  
2

Jamie

From: Aisling, Kathleen(R6) [mailto:Aisling.Kathleen@epa.gov]  

Sent: Thursday, February 25, 2016 1:34 PM

To: Jamie Zech <jamie.zech@tceq.texas.gov>

Subject: RE: Correct link to adopted TCEQ Rule Project No. 2013‐035‐114‐AI

Thanks, Jamie.  Is it possible that it also happened on the June 11, 2015 submittal or am I just missing it?

Kathleen Aisling, Environmental Engineer

Air ‐ State Implementation Section

US EPA, Region 6,  1445 Ross Avenue

6MM‐AA, Dallas, TX  75202

(214) 665‐6406

From: Jamie Zech [mailto:jamie.zech@tceq.texas.gov]  

Sent: Thursday, February 25, 2016 1:08 PM

To: Aisling, Kathleen(R6) <Aisling.Kathleen@epa.gov>; Walser, John <Walser.John@epa.gov>

Cc: Morris Brown <morris.brown@tceq.texas.gov>; Edgar Gilmore <edgar.gilmore@tceq.texas.gov>; Maryann Cook

<maryann.cook@tceq.texas.gov>

Subject: Correct link to adopted TCEQ Rule Project No. 2013‐035‐114‐AI

Importance: High

Hi John and Kathleen:  

We apologize for the confusion concerning the TCEQ’s June 9, 2015 submission. It appears that the version we sent did

not include any markups to indicate what was amended in 30 TAC Chapter 114. Here is a link to the appropriate adopted

version of the rulemaking for your consideration:

https://www.tceq.texas.gov/assets/public/implementation/air/sip/sipdocs/2013‐035‐IM/13035114_ado.pdf.

Please let me know if we can be of further assistance.

Best,  

Jamie

Jamie Zech

Air Quality Division

512.239.3935 (Wk)

Texas Commission on Environmental Quality

PO Box 13087, MC#206

Austin, TX 78711

How is our customer service? www.tceq.state.tx.us/goto/customersurvey
Texas Commission on Environmental Quality Page 1 

Chapter 114 - Control of Air Pollution from Motor Vehicles

Rule Project No. 2014-027-114-AI

The Texas Commission on Environmental Quality (TCEQ, agency, or commission)

adopts amendments to §§114.2, 114.7, 114.53, 114.60, 114.62, 114.64, 114.70, and 114.87.

Section 114.64 is adopted with change to the proposed text as published in the 

December 5, 2014, issue of the Texas Register (39 TexReg 9468). Sections 114.2, 114.7, 

114.53, 114.60, 114.62, 114.70, and 114.87 are adopted without changes to the proposed 

text and, therefore, will not be republished.

Sections 114.2, 114.53, and 114.87 will be submitted to the United States Environmental 

Protection Agency (EPA) as a revision to the state implementation plan (SIP).

Background and Summary of the Factual Basis for the Adopted Rules

The commission adopts revisions to incorporate a procedure for counties to opt out of 

the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program (LIRAP) and to be released from program obligations, including remittance of 

the fee to fund the LIRAP. The commission also adopts language that differentiates 

between a LIRAP participating county and a non-participating county.

The LIRAP was established to enhance the objectives of the Vehicle Inspection and 

Maintenance (I/M) Program. The 77th Texas Legislature, 2001, enacted House Bill (HB) 

2134 to assist low income individuals with repairs, retrofits, or retirement of vehicles 
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that fail emissions inspections. HB 2134 required the commission and the Texas 

Department of Public Safety (DPS), by rule, to provide the minimum guidelines by 

which eligible counties may implement the LIRAP. The commission, in coordination 

with DPS, adopted rules implementing HB 2134. 

The LIRAP is a voluntary program, and only those counties that have implemented 

vehicle emissions I/M programs are eligible to participate in the LIRAP. I/M program 

counties include Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties in 

the Houston-Galveston-Brazoria (HGB) area; Collin, Dallas, Denton, Ellis, Johnson, 

Kaufman, Parker, Rockwall, and Tarrant Counties in the Dallas-Fort Worth (DFW) area; 

Travis and Williamson Counties in the Austin-Round Rock (ARR) area; and El Paso 

County. To participate, an eligible county must submit a written request to the TCEQ 

from the county's commissioners court to implement the LIRAP. The TCEQ executive 

director and the participating county then enter into a grant contract for 

implementation of the program. The LIRAP is separated into two grant programs - 

Drive a Clean Machine (DACM) and local initiative projects (LIP). DACM funds provide 

monetary assistance to qualifying vehicle owners in participating counties for emissionrelated vehicle repair, retrofit, and replacement. LIP funds are granted to participating 

counties for use in approved projects focused on improving air quality in the program 

area.
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The LIRAP is funded through a fee (LIRAP fee) that is charged to vehicle owners in 

participating counties. The LIRAP fee is $6.00 in participating DFW and HGB-area 

counties, and it is charged to vehicle owners who receive on-board diagnostics (OBD) 

emissions inspection tests. The LIRAP fee is $2.00 in participating ARR-area counties, 

and it is charged to vehicle owners for any emissions inspection test performed. The 

LIRAP fee was remitted at authorized inspection stations during annual vehicle safety 

and emissions inspections until March 1, 2015. As of that date, the LIRAP fee is paid to

the Texas Department of Motor Vehicles (DMV) or county tax assessor-collector during 

vehicle registration. This change is a result of a 2014 revision to Chapter 114, 

Subchapters A, B, and C (Rule Project Number 2013-035-114-AI), transitioning the state 

to a single sticker system for vehicle inspection and registration and implementing HB 

2305, 83rd Texas Legislature, 2013.

On April 28, 2014, the commission received Court Order No. 2014-221-04-21 from the 

Collin County Commissioners Court withdrawing the county from participation in the 

LIRAP. The court order was sent with a letter requesting that the commission release 

Collin County from program requirements, including collection of the LIRAP fee. At the 

time the LIRAP was established, the rules did not specify a procedure to allow 

participating counties to opt out of the program or to be released from the LIRAP fee 

requirement. This rulemaking provides Collin County or any participating county with a 

procedure for opting out of the LIRAP, which includes being released from collection of 
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Rule Project No. 2014-027-114-AI

the LIRAP fee and ending of the contract between the county and the TCEQ executive 

director. This rulemaking amends Subchapter A to revise the definitions for the LIRAP 

to account for counties opting out of the program and adds four new definitions to 

further clarify program elements and differentiate between counties participating in the 

LIRAP and non-participating counties. This rulemaking also amends Subchapter C, 

Divisions 1, 2, and 3. Division 1 is amended to specify the I/M fees that apply in a 

participating nonattainment county, a county that is in the process of opting out of the 

LIRAP, and a non-participating nonattainment county. Division 2 is amended to 

provide a mechanism for participating nonattainment counties to opt out of the LIRAP, 

and Division 3 is amended to provide a mechanism for early action compact (EAC) 

counties to opt out of the LIRAP and accordingly, revise the I/M fee requirements in 

§114.87. 

Section by Section Discussion

In addition to the adopted amendments associated with providing a mechanism for 

counties to opt out of the LIRAP, various stylistic, non-substantive changes are included 

to update rule language to current Texas Register style and format requirements. Such 

changes include appropriate and consistent use of acronyms, section references, rule 

structure, and certain terminology. These changes are non-substantive and generally are 

not specifically discussed in this preamble.
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Rule Project No. 2014-027-114-AI

§114.2, Inspection and Maintenance Definitions

The acronym for the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated 

Vehicle Retirement Program is replaced with the full program title to be consistent with 

the title of the referenced subchapter and Texas Register requirements.

§114.7, Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle 

Retirement Program Definitions

The title of §114.7 is corrected by amending the term "retrofit" to be singular. In 

addition, four definitions are added to §114.7 to clarify program requirements and 

differentiate between participating counties and non-participating counties. "LIRAP fee" 

is added as paragraph (13) to define the fee that vehicle owners in participating LIRAP 

counties pay when their vehicles receive certain emissions tests, OBD tests in DFW and 

HGB-area counties, and any emissions test in El Paso, Travis, and Williamson Counties.

El Paso is currently a non-participating county. Assessment of the LIRAP fee is 

authorized by Texas Health and Safety Code (THSC), §382.202. 

"LIRAP fee termination date" is added as paragraph (14) to define the effective date 

upon which a county opting out of the LIRAP would no longer pay the LIRAP fee. 

"LIRAP opt-out effective date" is added as paragraph (15) to define the date upon which 

a county that was participating in the LIRAP becomes a non-participating county. 

Withdrawal from the program is effective on the date that both of the following 
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requirements have been met: 1) the county is no longer subject to the LIRAP fee; and 2) 

the grant contract between the county and the TCEQ executive director that established 

participation in the program is ended. The grant contract cannot be ended before the 

LIRAP fee termination effective date.

"Non-participating county" is added as paragraph (18) to differentiate between counties 

that are eligible to participate in the LIRAP but choose not to and eligible counties that 

participate in the LIRAP. The definition for "Participating county" is amended to clarify 

that a county that is in the process of opting out of the LIRAP will be considered a 

participating county until the LIRAP opt-out effective date. The definition for 

"Recognized emissions repair facility" is amended to replace the reference to 37 Texas 

Administrative Code (TAC) §23.93 with 37 TAC §23.51 as it replaced the former as of 

March 13, 2013. The remaining definitions in §114.7 are renumbered to accommodate 

the added definitions.

§114.53, Inspection and Maintenance Fees

Section 114.53(d)(1), (2), and (3) is amended to more fully describe the LIRAP fee as it 

relates to the vehicle I/M programs in El Paso County and the DFW and HGB-area 

counties. Subparagraphs are added to §114.53(d)(1), (2), and (3) to explain remittance of 

I/M fees, including the LIRAP fee, in a county participating in the LIRAP, a 

participating county that is in the process of opting out of the LIRAP, and a county that 
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is not participating in the LIRAP and not subject to the LIRAP fee. Section 114.53(d)(1) 

is reorganized to allow the adopted subparagraphs to be consistent among the 

paragraphs of §114.53(d). The state fees vehicle owners pay during vehicle registration 

in participating counties, subparagraph (A) for each paragraph in §114.53(d), includes 

the LIRAP fee. The state fees vehicle owners pay during vehicle registration in 

participating counties that are in the process of opting out of the LIRAP, subparagraph 

(B) for each paragraph in §114.53(d), includes the LIRAP fee until the effective LIRAP 

fee termination date, after which state fees will not include the LIRAP fee. The state fees 

vehicle owners pay during vehicle registration in non-participating counties, 

subparagraph (C) for each paragraph in §114.53(d), does not include the LIRAP fee.

§114.60, Applicability for LIRAP

Section 114.60(c)(7) is added to specify that LIRAP requirements are not applicable to 

vehicles registered in counties that do not participate in the program. This addition 

clarifies that vehicles in non-participating counties are not subject to LIRAP 

requirements.

§114.62, LIRAP Funding

Section 114.62(a) is amended to clarify that the LIRAP is funded through money 

collected only in participating counties, and the term "participating" replaces "affected" 

in §114.62(c) for consistency in describing counties that participate in the program.
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§114.64, LIRAP Requirements

The counties that are eligible to participate in the LIRAP are limited to those that are 

included in I/M program areas, but no county is required to participate in the LIRAP. 

The original rule to implement the program included a procedure to allow counties to 

opt into the LIRAP, but it did not include a procedure to allow counties to opt out. The 

adopted amendments to §114.64 establish a procedure for opting out of the LIRAP.

The commission amends §114.64(a), concerning implementation of the LIRAP, to 

indicate that participation in the program is voluntary. The commission amends 

§114.64(b)(3) to clarify that vehicle repair and retrofit assistance through the DACM 

Program is only available for vehicles registered in participating LIRAP counties.

The commission adds §114.64(g) to establish the procedure for opting out of the LIRAP. 

Section 114.64(g)(1) requires a county wishing to opt out of the program to submit a 

written request from the county commissioners court to the TCEQ executive director, 

which is consistent with the process for opting into the LIRAP. The written request 

should include one of two possible LIRAP opt-out effective dates, either the LIRAP fee 

termination effective date or the last day of the legislative biennium in which the LIRAP 

fee termination effective date occurs. The first option completely withdraws the opt-out 

county from the program on the same date that the county is no longer subject to the 

LIRAP fee. The second option extends the opt-out county's program participation past 
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the LIRAP fee termination effective date to allow the county time to spend any 

remaining funds that have been allocated by the commission.

Participation in the LIRAP makes grant funds available to counties for program-related 

projects and to qualified vehicle owners, and the LIRAP is funded through 

appropriations made by the legislature from Clean Air Account 151, into which LIRAP 

fees collected from county vehicle owners are deposited. Due to the program's reliance 

on public support, the commission requested public comment on the method and 

process by which counties wishing to opt into or out of the LIRAP would do so, 

including any associated public notice requirements. 

Adopted §114.64(g)(2) describes the procedure the commission will follow to release a 

county from LIRAP requirements upon receiving a written request from the county to 

opt out. Release from LIRAP requirements includes removing the LIRAP fee from the 

state fees charged to vehicle owners during vehicle registration, which requires the 

commission to coordinate with the DMV and DPS and to contact the Legislative Budget 

Board of Texas (LBB). The process to remove the LIRAP fee will be initiated upon 

receipt by the TCEQ executive director of a request from a county to opt out of the 

program. The DMV vehicle registration notices list charges for state inspection fees, 

which include the LIRAP fee in counties participating in the program. These fees are 

paid by vehicle owners when they register their vehicles. The DMV prints and 
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distributes vehicle registration notices at least 90 days prior to registration expiration 

dates, so registration notices that include the LIRAP fee will be in circulation in an optout county for at least 90 days after the TCEQ initiates the fee removal process. The 

LIRAP fee will be effectively removed for an opt-out county once it is no longer included 

in the state fee charges that appear on vehicle registration notices in the affected county. 

For example, if the TCEQ executive director received a written request to withdraw from 

the program on August 1st, then the effective LIRAP fee termination date would be on or 

after December 1st because December would be the first month for which registration 

notices that did not include the LIRAP fee would be printed. The DMV prints 

registration notices mid-month, so a written request to withdraw that was received by 

the TCEQ executive director in mid-August would likely not result in the LIRAP fee 

being effectively terminated for the submitting county until, at the earliest, January 1st.

The effective LIRAP fee termination date for a county opting out of the LIRAP is the first 

day of the month for the month that the DMV issues registration notices that do not 

include the LIRAP fee. Until the LIRAP fee termination effective date, a county in the 

process of opting out of the LIRAP is still considered a participating county because the 

LIRAP fee cannot be assessed in a non-participating county. Depending upon the LIRAP 

opt-out effective date included in a county's written request to opt out of the program, 

the county could be completely withdrawn from the LIRAP on the LIRAP fee 

termination effective date, ending the contract between the county and the TCEQ 
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executive director simultaneous with removal of the LIRAP fee. The county may instead 

choose to continue to participate in LIRAP activities without being subject to the LIRAP 

fee until the end of the legislative biennium in which the fee termination date occurs. 

Choosing the first option could end the county's participation in the LIRAP before all 

grant funds allocated to the county have been spent. The second option would allow a 

county the opportunity to continue LIRAP activities and spend previously allocated 

LIRAP grant funds until the end of the biennium in which the LIRAP fee termination 

date occurred for that county.

Adopted §114.64(g)(3) describes the LIRAP opt-out effective date, which is the date 

upon which a participating county is no longer subject to the LIRAP fee and the grant 

contract between the county and the TCEQ executive director is ended. On this date, the 

county becomes a non-participating county. The commission will allow a county wishing 

to opt out of the LIRAP a choice of two options in determining when the program is 

ended for that county, so there are two possible effective dates upon which a 

participating county becomes a non-participating county. The first occurs simultaneous 

with the LIRAP fee termination effective date, and the second occurs on the last day of 

the legislative biennium in which the LIRAP fee termination effective date occurs. The 

commission revises proposed §114.64(g)(3) in response to a comment received, which is 

discussed in the Response to Comments section of this preamble. Revised §114.64(g)(3) 

indicates that not more than 90 days after a county's LIRAP opt-out effective date, the 
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unspent balance of allocated LIRAP funds for the opt-out county will be returned to the 

commission unless the county has entered into an official inter-county elective 

agreement with other participating counties in the same region to share allocated LIRAP 

funds. If an inter-county elective agreement exists, then the portion of LIRAP 

allocations that is shared and unspent as of the LIRAP opt-out effective date will be 

redistributed among the remaining participating counties that are part of that 

agreement. The redistribution of a county's allocated and unspent LIRAP funds will 

occur not more than 90 days after the county's LIRAP opt-out effective date.

§114.70, Records, Audits, and Enforcement

The commission amends §114.70(c) and (d) to incorporate recordkeeping and 

inspection requirements for counties that opt out of the LIRAP. Adopted §114.70(c) 

requires program participants in counties opting out of the LIRAP to maintain program 

records concerning the opt-out county for three years after the effective LIRAP opt-out

date for the county. Program participants include the county, its designated entity, 

participating recognized emissions repair facilities, and participating vehicle retirement 

facilities. Adopted §114.70(d) requires that in the three-year period during which 

records must be kept after a county's LIRAP opt-out effective date, the TCEQ executive 

director must be allowed to conduct audits and inspections of the records kept 

concerning the opted out county by program participants.
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§114.87, Inspection and Maintenance Fees

The commission amends §114.87 to apply the changes adopted in §114.53 to counties 

with early action compact programs that participate in the vehicle emissions I/M 

program. Adopted §114.87(d)(1) - (3) explains remittance of I/M fees, including the 

LIRAP fee, in a county participating in the LIRAP, a participating county that is in the 

process of opting out of the LIRAP, and a county that is not participating in the LIRAP 

and not subject to the LIRAP fee. The description of the state fees vehicle owners pay 

during vehicle registration in participating EAC counties, paragraph (1), includes the 

LIRAP fee. The description of the state fees vehicle owners pay during vehicle 

registration in participating EAC counties that are in the process of opting out of the 

LIRAP, paragraph (2), includes the LIRAP fee until the effective LIRAP fee termination 

date, after which state fees do not include the LIRAP fee. The description of the state 

fees vehicle owners pay during vehicle registration in non-participating EAC counties, 

paragraph (3), does not include the LIRAP fee.

Final Regulatory Impact Determination

The commission reviewed this rulemaking in light of the regulatory impact analysis 

requirements of Texas Government Code, §2001.0225 and determined that it does not 

meet the definition of a "major environmental rule" as defined in that statute. A "major 

environmental rule" means "a rule, the specific intent of which is to protect the 

environment or reduce risks to human health from environmental exposure and that 
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may adversely affect in a material way the economy, a sector of the economy, 

productivity, competition, jobs, the environment, or the public health and safety of the 

state or a sector of the state." Additionally, this rulemaking does not meet any of the four 

applicability criteria for requiring a regulatory impact analysis for a major 

environmental rule, which are listed in Texas Government Code, §2001.0225(a). Texas 

Government Code, §2001.0225 applies only to a major environmental rule, the result of 

which is to: 1) exceed a standard set by federal law, unless the rule is specifically 

required by state law; 2) exceed an express requirement of state law, unless the rule is 

specifically required by federal law; 3) exceed a requirement of a delegation agreement 

or contract between the state and an agency or representative of the federal government 

to implement a state and federal program; or 4) adopt a rule solely under the general 

powers of the agency instead of under a specific state law.

The amendments to Chapter 114 are adopted in accordance with HB 2134, which 

authorized the LIRAP found in THSC, Chapter 382. HB 2134 was enacted to enhance 

the objective of the vehicle emissions I/M program. The LIRAP provides financial 

assistance to low-income individuals for repair, retrofit, or retirement of vehicles that 

fail an emissions inspection. The rulemaking is not expected to adversely affect in a 

material way the economy, a sector of the economy, productivity, competition, jobs, the 

environment, or the public health and safety of the state or a sector of the state.
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The rulemaking implements requirements of 42 United States Code (USC), §7410, 

which requires states to adopt a SIP that provides for the implementation, maintenance, 

and enforcement of the National Ambient Air Quality Standards (NAAQS) in each air 

quality control region of the state. The LIRAP was designed to enhance the objectives of 

the I/M program, and the commission previously submitted the I/M rules to the EPA as 

a revision to the Texas SIP, which the EPA approved effective July 25, 2014. While 42 

USC, §7410 generally does not require specific programs, methods, or reductions in 

order to meet the standard, the SIP must include enforceable emission limitations and 

other control measures, means, or techniques (including economic incentives such as 

fees, marketable permits, and auctions of emissions rights), as well as schedules and 

timetables for compliance as may be necessary or appropriate to meet the applicable 

requirements of this chapter (42 USC, Chapter 85). The provisions of the Federal Clean 

Air Act (FCAA) recognize that states are in the best position to determine what 

programs and controls are necessary or appropriate in order to meet the NAAQS. This 

flexibility allows states, affected industry, and the public to collaborate on the best 

methods for attaining the NAAQS for the specific regions in the state. Even though the 

FCAA allows states to develop their own programs, this flexibility does not relieve a state 

from developing a program that meets the requirements of 42 USC, §7410. States are 

not free to ignore the requirements of 42 USC, §7410 and must develop programs to 

assure that their contributions to nonattainment areas are reduced so that these areas 

can be brought into attainment on schedule.
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The requirement to provide a fiscal analysis of adopted regulations in the Texas 

Government Code was amended by Senate Bill (SB) 633 during the 75th Texas 

Legislature, 1997. The intent of SB 633 was to require agencies to conduct a regulatory 

impact analysis of extraordinary rules. These rules are identified in the statutory 

language as major environmental rules that will have a material adverse impact and will 

exceed a requirement of state law, federal law, or a delegated federal program, or are 

adopted solely under the general powers of the agency. With the understanding that this 

requirement would seldom apply, the commission provided a cost estimate for SB 633 

concluding that "based on an assessment of rules adopted by the agency in the past, it is 

not anticipated that the bill will have significant fiscal implications for the agency due to 

its limited application." The commission also noted that the number of rules that would 

require assessment under the provisions of the bill was not large. This conclusion was 

based, in part, on the criteria set forth in the bill that exempted the adopted rules from 

the full analysis unless the rule was a major environmental rule that exceeds a federal 

law. 

As discussed earlier in this preamble, the FCAA does not always require specific 

programs, methods, or reductions in order to meet the NAAQS; thus, states must 

develop programs for each area contributing to nonattainment to help ensure that those 

areas will meet the attainment deadlines. Because of the ongoing need to address 

nonattainment issues and to meet the requirements of 42 USC, §7410, the commission 
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routinely proposes and adopts SIP rules. The legislature is presumed to understand this 

federal scheme. If each rule adopted for inclusion in the SIP was considered to be a 

major environmental rule that exceeds federal law, then every SIP rule would require 

the full regulatory impact analysis contemplated by SB 633. This conclusion is 

inconsistent with the conclusions reached by the commission in its cost estimate and by 

the LBB in its fiscal notes. Since the legislature is presumed to understand the fiscal 

impacts of the bills it passes and that presumption is based on information provided by 

state agencies and the LBB, the commission believes that the intent of SB 633 was only 

to require the full regulatory impact analysis for rules that are extraordinary in nature. 

While the SIP rules will have a broad impact, the impact is no greater than is necessary 

or appropriate to meet the requirements of the FCAA. For these reasons, rules adopted 

for inclusion in the SIP fall under the exception in Texas Government Code, 

§2001.0225(a) because they are required by federal law. 

The commission has consistently applied this construction to its rules since this statute 

was enacted in 1997. Since that time, the legislature has revised the Texas Government 

Code but left this provision substantially un-amended. It is presumed that "when an 

agency interpretation is in effect at the time the legislature amends the laws without 

making substantial change in the statute, the legislature is deemed to have accepted the 

agency's interpretation." Central Power & Light Co. v. Sharp, 919 S.W.2d 485, 489 

(Tex. App. Austin 1995), writ denied with per curiam opinion respecting another issue, 
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960 S.W.2d 617 (Tex. 1997); Bullock v. Marathon Oil Co., 798 S.W.2d 353, 357 (Tex. 

App. Austin 1990, no writ). Cf. Humble Oil & Refining Co. v. Calvert, 414 S.W.2d 172 

(Tex. 1967); Dudney v. State Farm Mut. Auto Ins. Co., 9 S.W.3d 884, 893 (Tex. App. 

Austin 2000); Southwestern Life Ins. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App. 

Austin 2000, pet. denied); and Coastal Indust. Water Auth. v. Trinity Portland Cement 

Div., 563 S.W.2d 916 (Tex. 1978). 

The commission's interpretation of the regulatory impact analysis requirements is also 

supported by a change made to the Texas Administrative Procedure Act (APA) by the 

legislature in 1999. In an attempt to limit the number of rule challenges based upon APA 

requirements, the legislature clarified that state agencies are required to meet these 

sections of the APA against the standard of "substantial compliance." The legislature 

specifically identified Texas Government Code, §2001.0225, as falling under this 

standard. The commission has substantially complied with the requirements of Texas 

Government Code, §2001.0225. 

The specific intent of these adopted rules is to amend sections of the TAC, which would 

allow any participating county to opt out of the LIRAP, including the collection of the 

LIRAP fee collected at the time of vehicle registration, without a future rulemaking. By 

providing a mechanism for participating counties to opt out of the LIRAP, this 

rulemaking creates a more comprehensive program in accordance with the TCEQ's 
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statutory obligation to create and implement the LIRAP. Additionally, even if the 

adopted rulemaking was a major environmental rule, it does not exceed a standard set 

by federal law or exceed an express requirement of state law. No contract or delegation 

agreement covers the topic that is the subject of this rulemaking. Therefore, this 

rulemaking is not subject to the regulatory analysis provisions of Texas Government 

Code, §2001.0225(b) because it does not meet the definition of a "major environmental 

rule," nor does it meet any of the four applicability criteria for a major environmental 

rule.

The commission invited public comment regarding the draft regulatory impact analysis 

determination during the public comment period, and none were received. 

Takings Impact Assessment

The commission evaluated the adopted rulemaking and performed an assessment of 

whether Texas Government Code, Chapter 2007 is applicable. The specific intent of 

these rules is to amend sections of the TAC, which will allow any participating county to 

opt out of the LIRAP, including the collection of program-related LIRAP fee, without a 

future rulemaking. The rules will substantially advance this stated purpose by amending 

sections in Chapter 114, Subchapters A and C to include revisions of the definitions and 

fees and to provide a mechanism for participating counties to opt out of the LIRAP. By 

providing a mechanism for participating counties to opt out of the LIRAP, this 
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rulemaking creates a more comprehensive program in accord with the TCEQ's statutory 

obligation to create and implement the LIRAP.

Texas Government Code, §2007.003(b)(4) provides that Texas Government Code, 

Chapter 2007 does not apply to this rulemaking because it is an action reasonably taken 

to fulfill an obligation mandated by state law. THSC, Chapter 382 requires the 

commission to establish and authorize the commissioners court of a participating 

county to implement a LIRAP subject to agency oversight that may include reasonable, 

periodic commission audits. Consequently, this rulemaking meets the exemption 

criteria in Texas Government Code, §2007.003(b)(4).

Nevertheless, the commission further evaluated these adopted rules and performed an 

assessment of whether these rules constitute a "taking" under Texas Government Code, 

Chapter 2007. Promulgation and enforcement of these rules would be neither a 

statutory nor a constitutional taking of private real property. Specifically, the subject 

regulations do not affect a landowner's rights in private real property because this 

rulemaking does not burden (constitutionally), nor restrict or limit the owner's right to 

property and reduce its value by 25% or more beyond that which would otherwise exist 

in the absence of the regulations. These adopted rules create a voluntary program for 

counties in the state to participate in and opt out of the LIRAP.
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In addition, because the subject regulations do not provide more stringent requirements 

they do not burden, restrict, or limit an owner's right to property and reduce its value by 

25% or more beyond that which would otherwise exist in the absence of the regulations. 

Therefore, these adopted rules do not constitute a taking under the Texas Government 

Code, Chapter 2007. For these reasons, Texas Government Code, Chapter 2007 does not 

apply to this rulemaking.

Consistency with the Coastal Management Program 

The commission reviewed this rulemaking and found that it is identified in the Coastal 

Coordination Act Implementation Rules, 31 TAC §505.11(b)(4) relating to rules subject 

to the Texas Coastal Management Program (CMP), and will, therefore, require that goals 

and policies of the CMP be considered during the rulemaking process.

The commission reviewed this rulemaking for consistency with the CMP goals and 

policies in accordance with the regulations of the Coastal Coordination Advisory 

Committee and determined that the rulemaking is editorial and procedural in nature

and will have no substantive effect on commission actions subject to the CMP and 

therefore, is consistent with CMP goals and policies.

The commission invited public comment regarding the consistency with the CMP during 

the public comment period, and none were received.
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Public Comment

The comment period was from December 5, 2014 through January 9, 2015. The 

commission offered a public hearing on January 6, 2015, but it was not opened because 

no one signed up to provide oral testimony. The commission received written comments 

from the North Central Texas Council of Governments (NCTCOG) and the 

Transportation and Natural Resources Department of Travis County (Travis County). In 

general, both commenters supported this rulemaking; however, NCTCOG 

recommended changes related to the distribution of funds and recordkeeping and 

auditing requirements.

Response to Comments

Comment

Travis County supported the proposed rulemaking and added that it will benefit 

participating counties to have a formal procedure for opting out of the LIRAP that 

includes removing the LIRAP fee.

Response

The commission appreciates Travis County's support of this rulemaking 

and agrees that having a formal procedure to opt out of the LIRAP will 

benefit the counties that participate in the program.
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Comment

NCTCOG agreed that counties opting out of the LIRAP should have options and 

commented that those provided in this rulemaking provide flexibility when it comes to 

spending allocated funds.

Response

The commission appreciates NCTCOG's comment and agrees that a county 

opting out of the program should have options with regard to the use of 

allocated LIRAP funds. The commission's staff will work closely with each 

opt-out county to help the county spend allocated LIRAP funds by the 

chosen LIRAP opt-out effective date. 

Comment

NCTCOG commented that due to an agreement among the participating DFW counties 

to share LIRAP funds, which is facilitated by NCTCOG, it would be complicated to 

require an opt-out county to return unspent allocations to the TCEQ upon a county's 

LIRAP opt-out effective date. NCTCOG recommended that the TCEQ amend its 

proposal to allow the redistribution of an opt-out county's unspent allocations to other 

participating counties within the region.

Response
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The commission has amended proposed §114.64(g)(3) to specify that 

unspent allocations will be returned to the commission not more than 90 

days after a county's LIRAP opt-out effective date unless there is an official 

inter-county elective agreement that the opt-out county shares allocated 

LIRAP funds with other participating counties in the same region. If there 

is an inter-county elective agreement, then not more than 90 days after a 

county's LIRAP opt-out effective date, the portion of LIRAP allocations that 

is shared and unspent as of the LIRAP opt-out effective date will be 

redistributed among the remaining participating counties that are part of 

the agreement.

Comment

NCTCOG recommended that the TCEQ develop a process to allow opt-out counties to 

spend all collected funds, appropriated and otherwise. NCTCOG commented that LIRAP 

fees are currently being collected in participating counties at a higher rate than what is 

appropriated by the legislature and that there is a large surplus of unappropriated 

funds. NCTCOG added that opt-out counties should be able to exhaust all collected 

funds, even after the LIRAP opt-out effective date.

Response

The commission has not made the suggested change to the rule. The LIRAP 
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is a voluntary program, and a participating county may choose to opt out at 

its discretion. The opt-out process established in this rulemaking offers an 

opt-out county the choice of extending participation in the program beyond 

the date upon which the LIRAP fee is no longer collected, the LIRAP fee 

termination date. This allows the county to spend LIRAP grant funds that 

have been appropriated by the legislature and allocated by the commission. 

The commission only has the authority to allocate funds appropriated by 

the legislature to participating counties or an area specified by the 

legislature. Any future appropriations are unknown and are dependent 

upon the legislature, which appropriates funding for the LIRAP to the 

commission during each biennial session from Clean Air Account 151. Clean 

Air Account 151 is used to safeguard the air resources of the state, and 

LIRAP fees from vehicle owners in each participating county are deposited 

into the account as part of a county's participation in the program. LIRAP 

appropriations from Clean Air Account 151 are not identified by revenue 

source and county, and as such, it would not be possible to identify future 

LIRAP appropriations as corresponding to a county that has opted out of 

the program without additional statutory or appropriations direction.

Comment

NCTCOG recommended that the TCEQ alert all counties of any modifications to the 
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LIRAP resulting from legislative action.

Response

The LIRAP has been modified by legislative action four times since the 77th 

Texas Legislature enacted HB 2134 in 2001. The commission has and will 

continue to notify counties of changes to the LIRAP that result from 

legislative action.

Comment

NCTCOG supported the amendment to §114.70(c) and (d) that will maintain programrelated recordkeeping and auditing requirements related to an opt-out county after that 

county's opt-out effective date. NCTCOG recommended that the TCEQ add automobile 

dealerships to the list of entities that must comply with these requirements.

Response

The commission appreciates NCTCOG's support of the amendment to 

§114.70(c) and (d). However, the commission has not made the suggested 

change. The commission did not propose to revise §114.70 to require 

automobile dealerships to comply with program-related recordkeeping and 

auditing requirements. Adding automobile dealerships would impose new 

requirements that were not made available for public review and comment.
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Furthermore, the commission does not consider it necessary at this time to 

make automobile dealerships subject to LIRAP-related recordkeeping and 

auditing requirements. One of the LIRAP's main objectives is to repair or 

remove older, polluting vehicles from roadways in counties where vehicle 

emissions inspections are conducted. Participating automobile dealerships 

facilitate the purchase of replacement vehicles by eligible applicants in 

exchange for those applicants' retired vehicles. Under the program, 

replacement vehicles are partially paid for with vouchers representing 

DACM grant funds. Dealerships transfer retired vehicles to participating 

dismantlers and return the vouchers and retired vehicle information to the 

program administrator for reimbursement. Participating dismantlers and 

program administrators are subject to §114.70 requirements. Dismantlers 

provide proof that retired vehicles have been destroyed, and program 

administrators maintain records for the entire DACM process.

Comment

NCTCOG agreed that the opt-out time frame was reasonable based on the various 

processes that must be undertaken by the TCEQ, DMV, and DPS.

Response
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The commission appreciates NCTCOG's assessment that the LIRAP fee 

termination process, including the time frame, is reasonable. 

Comment

NCTCOG was disappointed that the TCEQ did not hold a public hearing in the DFW 

region since the rulemaking was initiated by Collin County's request to opt out of 

LIRAP. 

Response

While the commission appreciates that Collin County made the original 

request for opt-out that prompted this rulemaking, the commission must 

also balance both resource availability and the necessity for holding public 

hearings in various areas of the state. For rules that apply statewide, the 

commission has regularly held public hearings in Austin or in Austin and 

other parts of the state. 
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SUBCHAPTER A: DEFINITIONS

§114.2, §114.7

Statutory Authority

The amendments are adopted under Texas Water Code (TWC), §5.102, concerning 

General Powers, that provides the commission with the general powers to carry out its 

duties under the TWC; TWC, §5.103, concerning Rules, that authorizes the commission 

to adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, 

concerning General Policy, that authorizes the commission by rule to establish and 

approve all general policy of the commission; and under Texas Health and Safety Code 

(THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air Act. The amendments are 

also adopted under THSC, §382.002, concerning Policy and Purpose, that establishes 

the commission's purpose to safeguard the state's air resources, consistent with the 

protection of public health, general welfare, and physical property; THSC, §382.011, 

concerning General Powers and Duties, that authorizes the commission to control the 

quality of the state's air; and THSC, §382.012, concerning the State Air Control Plan, 

that authorizes the commission to prepare and develop a general, comprehensive plan 

for the proper control of the state's air. Additionally, the amendments are adopted under 

THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and 
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the Public Safety Commission to adopt rules implementing the LIRAP; and THSC, 

§382.210, concerning Implementation Guidelines and Requirements for the LIRAP, that 

authorizes the commission to adopt rules creating guidelines to assist participating 

counties in implementing the LIRAP.

The adopted amendments implement THSC, §§382.002, 382.011, 382.012, 382.017, 

382.209, and 382.210.

§114.2. Inspection and Maintenance Definitions.

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 [LIRAP]; 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 
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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. 
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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. 
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(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; 
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(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; and 

(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. 

(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 [related] 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. 
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(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.

§114.7. Low Income Vehicle Repair Assistance, Retrofit [Retrofits], and 

Accelerated Vehicle Retirement Program Definitions. 
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Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of 

the commission, the terms used in this chapter have the meanings commonly ascribed 

to them in the field of air pollution control. In addition to the terms which are defined 

by the TCAA, §§3.2, 101.1, and 114.1 of this title (relating to Definitions), the following 

words and terms, when used in Subchapter C, Division 2[,] of this chapter (relating to 

Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program) have the following meanings, unless the context clearly indicates otherwise.

(1) Affected county--A county with a motor vehicle emissions inspection 

and maintenance program established under Texas Transportation Code, §548.301.

(2) Automobile dealership--A business that regularly and actively buys, 

sells, or exchanges vehicles at an established and permanent location as defined 

under Texas Transportation Code, §503.301. The term includes a franchised motor 

vehicle dealer and an independent motor vehicle dealer.

(3) Car--A motor vehicle, other than a golf cart, truck or bus, designed or 

used primarily for the transportation of persons. A passenger van or sports utility 

vehicle may be considered a car under this section.
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(4) Commercial vehicle--A vehicle that is owned or leased in the regular 

course of business of a commercial or business entity.

(5) Destroyed--Crushed, shredded, scrapped, or otherwise dismantled to 

render a vehicle, vehicle's engine, or emission control components permanently and 

irreversibly incapable of functioning as originally intended.

(6) Dismantled--Extraction of parts, components, and accessories for use 

in the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle 

Retirement Program [low income vehicle repair assistance, retrofit, and accelerated 

vehicle retirement program] or sold as used parts.

(7) Electric vehicle--A motor vehicle that draws propulsion energy only 

from a rechargeable energy storage system.

(8) Emissions control equipment--Relating to a motor vehicle that is 

subject to §114.50(a) of this title (relating to Vehicle Emissions Inspection 

Requirements). If the vehicle is so equipped, these include: exhaust gas recirculation 

system, power control module, catalytic converter, oxygen sensors, evaporative purge 

canister, positive crankcase ventilation valve, and gas cap.
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(9) Engine--The fuel-based power source of a motor vehicle that is subject 

to §114.50(a) of this title (relating to Vehicle Emissions Inspection Requirements). 

(10) Fleet vehicle--A motor vehicle operated as one of a group that consists 

of more than ten motor vehicles and that is owned and operated by a public or 

commercial entity or by a private entity other than a single household.

(11) Hybrid vehicle--A motor vehicle that draws propulsion energy from 

both gasoline or conventional diesel fuel and a rechargeable energy storage system.

(12) LIRAP--Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program [Low income vehicle repair assistance, retrofit, 

and accelerated vehicle retirement program].

(13) LIRAP fee--The portion of the vehicle emissions inspection fee that is 

required to be remitted to the state at the time of annual vehicle registration, as 

authorized by Texas Health and Safety Code, §382.202, in counties participating in the 

Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program. 
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(14) LIRAP fee termination date--The first day of the month for the month 

that the Texas Department of Motor Vehicles issues registration notices without the Low 

Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program (LIRAP) fee, as defined in this section, in a participating county opting out of 

the LIRAP.

(15) LIRAP opt-out effective date--The date upon which a county that was 

participating in the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated 

Vehicle Retirement Program (LIRAP) becomes a non-participating county, which occurs 

when the grant contract between the county and the executive director, established in 

§114.64(a) of this title (relating to LIRAP Requirements), is ended, but no earlier than 

the LIRAP fee termination effective date.

(16) [(13)] Motor vehicle--A fully self-propelled vehicle having four wheels 

that has as its primary purpose the transport of a person, persons, or property on a 

public highway.

(17) [(14)] Natural gas vehicle--A motor vehicle that uses only compressed 

natural gas or liquefied natural gas as fuel.

(18) Non-participating county--An affected county that has either:
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(A) not opted into the Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) authorized by Texas 

Health and Safety Code, §382.209; or

(B) opted out of the LIRAP according to the procedures specified in 

§114.64(g) of this title (relating to LIRAP Requirements) and has been released from all 

program requirements, including assessment of the LIRAP fee as defined in this section 

and participation in LIRAP grant programs.

(19) [(15)] Participating county--An affected county in which the 

commissioners court by resolution has chosen to implement a Low Income Vehicle 

Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) [low 

income vehicle repair assistance, retrofit, and accelerated vehicle retirement program] 

authorized by Texas Health and Safety Code, §382.209. An affected county that is in the 

process of opting out of the LIRAP is considered a participating county until the LIRAP 

opt-out effective date as defined in this section.

(20) [(16)] Proof of sale--A notice of sale or transfer filed with the Texas 

Department of Transportation as required under Texas Transportation Code, §503.005, 
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or if unavailable, an affidavit from the selling dealer or documents approved by the 

commission.

(21) [(17)] Proof of transfer--A TCEQ form that identifies the vehicle to be 

destroyed and tracks the transfer of the vehicle to the recycler from the participating 

county, automobile dealer, and dismantler. 

(22) [(18)] Qualifying motor vehicle--A motor vehicle that meets the 

requirements for replacement in §114.64 of this title (relating to LIRAP Requirements).

(23) [(19)] Recognized emissions repair facility--An automotive repair 

facility as provided in 37 Texas Administrative Code §23.51 (relating to Vehicle 

Emissions Inspection Requirements) [§23.93, relating to Vehicle Emissions Inspection 

Requirements].

(24) [(20)] Recycled--Conversion of metal or other material into raw 

material products that have prepared grades; an existing or potential economic value; 

and using these raw material products in the production of new products.

(25) [(21)] Replacement vehicle--A vehicle that is in a class or category of 

vehicles that has been certified to meet federal Tier 2, Bin 5 or cleaner Bin certification 
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under 40 Code of Federal Regulations §86.1811-04, as published in the February 10, 

2000, Federal Register; has a gross vehicle weight rating of less than 10,000 pounds; 

have an odometer reading of not more than 70,000 miles; the total cost does not exceed 

$35,000 and up to $45,000 for hybrid, electric, or natural gas vehicles, or vehicles 

certified as Tier 2 Bin 3 or cleaner Bin certification under 40 Code of Federal 

Regulations §86.1811-04, as published in the February 10, 2000, issue of the Federal 

Register (65 FR 6698); has passed a Texas Department of Public Safety motor vehicle 

safety inspection or safety and emissions inspection within the 15-month period before 

the application is submitted.

(26) [(22)] Retrofit--To equip, or the equipping of, an engine or an exhaust 

or fuel system with new, emissions-reducing parts or equipment designed to reduce air 

emissions and improve air quality, after the manufacture of the original engine or 

exhaust or fuel system, so long as the parts or equipment allow the vehicle to meet or 

exceed state and federal air emissions reduction standards.

(27) [(23)] Retrofit equipment--Emissions-reducing equipment designed 

to reduce air emissions and improve air quality that is approved by the United States 

Environmental Protection Agency and is installed after the manufacture of the original 

engine, exhaust, or fuel system.
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(28) [(24)] Total cost--The total amount of money paid or to be paid for 

the purchase of a motor vehicle as set forth as the sales price in the form entitled 

"Application for Texas Certificate of Title" promulgated by the Texas Department of 

Transportation. In a transaction that does not involve the use of that form, the term 

means an amount of money that is equivalent, or substantially equivalent, to the 

amount that would appear as the sales price on the application for Texas Certificate of 

Title if that form were used.

(29) [(25)] Truck--A motor vehicle having a gross vehicle weight rating of 

less than 10,000 pounds and designed primarily for the transport of persons and cargo.

(30) [(26)] Vehicle--A motor vehicle subject to §114.50(a) of this title 

(relating to Vehicle Emissions Inspection Requirements).

(31) [(27)] Vehicle owner--For the purposes of repair assistance or retrofit, 

the person who holds the Certificate of Title for the vehicle and/or the operator who is 

granted possession and is authorized to make repairs under a lease or purchase 

agreement; and for the purposes of accelerated retirement, the person who holds the 

Certificate of Title for the vehicle.
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(32) [(28)] Vehicle retirement facility--A facility that, at a minimum, is 

licensed, certified, or otherwise authorized by the Texas Department of Transportation 

to destroy, recycle, or dismantle vehicles.
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SUBCHAPTER C: VEHICLE INSPECTION AND MAINTENANCE; LOW 

INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED 

VEHICLE RETIREMENT PROGRAM; AND EARLY ACTION COMPACT 

COUNTIES

DIVISION 1: VEHICLE INSPECTION AND MAINTENANCE

§114.53 

Statutory Authority

The amendment is adopted under Texas Water Code (TWC), §5.102, concerning General 

Powers, that provides the commission with the general powers to carry out its duties 

under the TWC; TWC, §5.103, concerning Rules, that authorizes the commission to 

adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, 

concerning General Policy, that authorizes the commission by rule to establish and 

approve all general policy of the commission; and under Texas Health and Safety Code 

(THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air Act. The amendment is 

also adopted under THSC, §382.002, concerning Policy and Purpose, that establishes 

the commission's purpose to safeguard the state's air resources, consistent with the 

protection of public health, general welfare, and physical property; THSC, §382.011, 

concerning General Powers and Duties, that authorizes the commission to control the 

quality of the state's air; and THSC, §382.012, concerning the State Air Control Plan, 
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that authorizes the commission to prepare and develop a general, comprehensive plan 

for the proper control of the state's air. Additionally, the amendment is adopted under 

THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and 

the Public Safety Commission to adopt rules implementing the LIRAP; and THSC, 

§382.210, concerning Implementation Guidelines and Requirements for the LIRAP, that 

authorizes the commission to adopt rules creating guidelines to assist participating 

counties in implementing the LIRAP.

The adopted amendment implements THSC, §§382.002, 382.011, 382.012, 382.017, 

382.209, and 382.210.

§114.53. Inspection and Maintenance Fees. 

(a) The following fees must be paid for an emissions inspection of a vehicle at an 

inspection station. This fee must include one free retest should the vehicle fail the 

emissions inspection provided that the motorist has the retest performed at the same 

station where the vehicle originally failed and submits, prior to the retest, a properly 

completed vehicle repair form showing that emissions-related repairs were performed 

and the retest is conducted within 15 days of the initial emissions test. 
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(1) In El Paso County beginning May 1, 2002 and ending on the day before 

the single sticker transition date as defined in §114.1 of this title (relating to Definitions), 

any emissions inspection station required to conduct an emissions test in accordance 

with §114.50(a)(4)(A), (B), or (C) of this title (relating to Vehicle Emissions Inspection 

Requirements) must collect a fee of $14 and remit $2.50 to the Texas Department of 

Public Safety (DPS). If the El Paso County Commissioners Court adopts a resolution that 

is approved by the commission to participate in the Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP), the 

emissions inspection station in El Paso County must collect a fee of $16 and remit to the 

DPS $4.50 beginning upon the date specified by the commission and ending on the day 

before the single sticker transition date. Beginning on the single sticker transition date, 

any emissions inspection station in El Paso County required to conduct an emissions 

test in accordance with §114.50(a)(4)(A), (B), or (C) of this title must collect a fee not to 

exceed $11.50. 

(2) In the Dallas-Fort Worth program area beginning May 1, 2002 and 

ending on the day before the single sticker transition date as defined in §114.1 of this 

title, any emissions inspection station required to conduct an emissions test in 

accordance with §114.50(a)(1)(A) or (B) of this title and in the extended Dallas-Fort 

Worth program area beginning May 1, 2003 and ending on the day before the single 

sticker transition date, any emissions inspection station required to conduct an 
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emissions test in accordance with §114.50(a)(2)(A) or (B) of this title must collect a fee 

not to exceed $27. Beginning May 1, 2002 and ending on the day before the single 

sticker transition date in the Dallas-Fort Worth and the extended Dallas-Fort Worth 

program areas, the emissions inspection station must remit to the DPS $2.50 for each 

acceleration simulation mode (ASM-2) test and $8.50 for each on-board diagnostics 

(OBD) test. Beginning on the single sticker transition date in the Dallas-Fort Worth and 

the extended Dallas-Fort Worth program areas, any emissions inspection station 

required to conduct an emissions test in accordance with §114.50(a)(1)(A) or (B) and 

(2)(A) or (B) of this title must collect a fee not to exceed $24.50 for each ASM-2 test and 

$18.50 for each OBD test. 

(3) In the Houston-Galveston-Brazoria program area beginning May 1, 

2002 and ending on the day before the single sticker transition date as defined in §114.1 

of this title, any emissions inspection station in Harris County required to conduct an 

emissions test in accordance with §114.50(a)(3)(A) or (B) of this title and beginning May 

1, 2003 and ending on the day before the single sticker transition date, any emissions 

inspection station in Brazoria, Fort Bend, Galveston, and Montgomery Counties 

required to conduct an emissions test in accordance with §114.50(a)(3)(D) or (E) of this 

title must collect a fee not to exceed $27. Beginning May 1, 2002 and ending on the day 

before the single sticker transition date in Brazoria, Fort Bend, Galveston, Harris, and 

Montgomery Counties, the emissions inspection station must remit to the DPS $2.50 for 
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each ASM-2 test and $8.50 for each OBD test. Beginning on the single sticker transition 

date in Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties, any 

emissions inspection station required to conduct an emissions test in accordance with 

§114.50(a)(3)(A), (B), (D), or (E) of this title must collect a fee not to exceed $24.50 for 

each ASM-2 test and $18.50 for each OBD test. 

(b) The per-vehicle fee and the amount the inspection station remits to the DPS 

for a challenge test at an inspection station designated by the DPS, must be the same as 

the amounts set forth in subsection (a) of this section. The challenge fee must not be 

charged if the vehicle is retested within 15 days of the initial test. 

(c) Inspection stations performing out-of-cycle vehicle emissions inspections for 

the state's remote sensing element must charge a motorist for an out-of-cycle emissions 

inspection in the amount specified in subsection (a) of this section resulting from 

written notification that subject vehicle failed on-road testing. If the vehicle passes the 

vehicle emissions inspection, the vehicle owner may request reimbursement from the 

DPS. 

(d) Beginning on the single sticker transition date as defined in §114.1 of this title, 

vehicle owners shall remit as part of the annual vehicle registration fee collected by the 

Texas Department of Motor Vehicles (DMV) or county tax assessor-collector the amount 
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of the vehicle emissions inspection fee that is required to be remitted to the state.[, as 

specified by the following requirements:] 

(1) In El Paso County, the following requirements apply. [vehicle owners 

shall remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV 

or county tax assessor-collector at the time of the annual vehicle registration as part of 

the vehicle emissions inspection fee. If the El Paso County Commissioners Court adopts 

a resolution that is approved by the commission to participate in the Low Income 

Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program, 

vehicle owners shall remit $4.50 for motor vehicles subject to vehicles emissions 

inspections to the DMV or county tax assessor-collector at the time of the annual vehicle 

registration as part of the vehicle emissions inspection fee beginning upon the date 

specified by the commission.] 

(A) If participating in the LIRAP, vehicle owners shall remit $4.50 

for motor vehicles subject to vehicle emissions inspections to the DMV or county tax 

assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee. Of the $4.50 remitted, $2.00 constitutes the LIRAP fee as 

defined in §114.7 of this title (relating to Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program Definitions).
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(B) If participating in the LIRAP and in the process of opting out, 

vehicle owners shall remit $4.50 for motor vehicles subject to vehicle emissions 

inspections to the DMV or county tax assessor-collector at the time of annual vehicle 

registration as part of the vehicle emissions inspection fee until the LIRAP fee 

termination effective date as defined in §114.7 of this title. Of the $4.50 remitted, $2.00 

constitutes the LIRAP fee as defined in §114.7 of this title. Upon the LIRAP fee 

termination effective date, vehicle owners shall remit $2.50 for motor vehicles subject to 

vehicle emissions inspections to the DMV or county tax-assessor-collector at the time of 

annual vehicle registration as part of the vehicle emissions inspection fee.

(C) If not participating in the LIRAP, vehicle owners shall remit 

$2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county 

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee. 

(2) In the Dallas-Fort Worth and the extended Dallas-Fort Worth program 

areas, the following requirements apply. [vehicle owners shall remit $2.50 for motor 

vehicles subject to ASM-2 tests and $8.50 for motor vehicles subject to OBD tests to the 

DMV or county tax assessor-collector at the time of the annual vehicle registration as 

part of the vehicle emissions inspection fee.]
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(A) Vehicle owners in counties participating in the LIRAP shall 

remit $2.50 for motor vehicles subject to ASM-2 tests and $8.50 for motor vehicles 

subject to OBD tests to the DMV or county tax assessor-collector at the time of annual 

vehicle registration as part of the vehicle emissions inspection fee. Of the $8.50 remitted 

for OBD tests, $6.00 constitutes the LIRAP fee as defined in §114.7 of this title.

(B) Vehicle owners in counties participating in the LIRAP that are 

in the process of opting out shall remit $2.50 for motor vehicles subject to ASM-2 tests 

and $8.50 for motor vehicles subject to OBD tests to the DMV or county tax assessorcollector at the time of annual vehicle registration as part of the vehicle emissions 

inspection fee until the LIRAP fee termination effective date as defined in §114.7 of this 

title. Of the $8.50 remitted for OBD tests, $6.00 constitutes the LIRAP fee as defined in 

§114.7 of this title. Upon the LIRAP fee termination effective date, vehicle owners in 

participating counties that are in the process of opting out of the LIRAP shall remit 

$2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county 

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee.

(C) Vehicle owners in counties not participating in the LIRAP shall 

remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or 
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county tax-assessor-collector at the time of annual vehicle registration as part of the 

vehicle emissions inspection fee. 

(3) In the Houston-Galveston-Brazoria program area, the following 

requirements apply. [vehicle owners shall remit $2.50 for motor vehicles subject to 

ASM-2 tests and $8.50 for motor vehicles subject to OBD tests to the DMV or county tax 

assessor-collector at the time of the annual vehicle registration as part of the vehicle 

emissions inspection fee.]

(A) Vehicle owners in counties participating in the LIRAP shall 

remit $2.50 for motor vehicles subject to ASM-2 tests and $8.50 for motor vehicles 

subject to OBD tests to the DMV or county tax assessor-collector at the time of annual 

vehicle registration as part of the vehicle emissions inspection fee. Of the $8.50 remitted 

for OBD tests, $6.00 constitutes the LIRAP fee as defined in §114.7 of this title.

(B) Vehicle owners in counties participating in the LIRAP that are 

in the process of opting out shall remit $2.50 for motor vehicles subject to ASM-2 tests 

and $8.50 for motor vehicles subject to OBD tests to the DMV or county tax assessorcollector at the time of annual vehicle registration as part of the vehicle emissions 

inspection fee until the LIRAP fee termination effective date as defined in §114.7 of this 

title. Of the $8.50 remitted for OBD tests, $6.00 constitutes the LIRAP fee as defined in 
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§114.7 of this title. Upon the LIRAP fee termination effective date, vehicle owners in 

participating counties that are in the process of opting out of the LIRAP shall remit 

$2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county 

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee.

(C) Vehicle owners in counties not participating in the LIRAP shall 

remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or 

county tax-assessor-collector at the time of annual vehicle registration as part of the 

vehicle emissions inspection fee. 
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SUBCHAPTER C: VEHICLE INSPECTION AND MAINTENANCE; LOW 

INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED 

VEHICLE RETIREMENT PROGRAM; AND EARLY ACTION COMPACT 

COUNTIES

DIVISION 2: LOW INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, 

AND ACCELERATED VEHICLE RETIREMENT PROGRAM 

§§114.60, 114.62, 114.64, 114.70

Statutory Authority

The amendments are adopted under Texas Water Code (TWC), §5.102, concerning 

General Powers, that provides the commission with the general powers to carry out its 

duties under the TWC; TWC, §5.103, concerning Rules, that authorizes the commission 

to adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, 

concerning General Policy, that authorizes the commission by rule to establish and 

approve all general policy of the commission; and under Texas Health and Safety Code 

(THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air Act (TCAA). The 

amendments are also adopted under THSC, §382.002, concerning Policy and Purpose, 

that establishes the commission's purpose to safeguard the state's air resources, 

consistent with the protection of public health, general welfare, and physical property; 

THSC, §382.011, concerning General Powers and Duties, that authorizes the 
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commission to control the quality of the state's air; and THSC, §382.012, concerning the 

State Air Control Plan, that authorizes the commission to prepare and develop a general, 

comprehensive plan for the proper control of the state's air. Additionally, the 

amendments are adopted under THSC, §382.209, concerning the Low Income Vehicle 

Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP), that 

authorizes the commission and the Public Safety Commission to adopt rules 

implementing the LIRAP; and THSC, §382.210, concerning Implementation Guidelines 

and Requirements for the LIRAP, that authorizes the commission to adopt rules 

creating guidelines to assist participating counties in implementing the LIRAP.

The adopted amendments implement THSC, §§382.002, 382.011, 382.012, 382.017, 

382.209, and 382.210.

§114.60. Applicability for LIRAP. 

(a) The provisions of §114.7 of this title (relating to Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions) and 

Division 2 of this subchapter (relating to Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program) provide the minimum 

requirements for county implementation of a Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) and apply to counties 
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that implement a vehicle emissions inspection program and have elected to implement 

LIRAP provisions. 

(b) To be eligible for assistance under this division, vehicles must be subject to 

§114.50(a) of this title (relating to Vehicle Emissions Inspection Requirements). 

(c) LIRAP does not apply to a vehicle that is a: 

(1) fleet vehicle; 

(2) commercial vehicle; 

(3) vehicle owned or leased by a governmental entity; 

(4) vehicle registered as a classic motor vehicle as defined by Texas

Transportation Code, §502.274; 

(5) vehicle registered as an exhibition vehicle, including antique or 

military vehicles, as defined by Texas Transportation Code, §502.275; [or]
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(6) vehicle not regularly used for transportation during the normal course 

of daily activities; or[.] 

(7) vehicle subject to §114.50(a) of this title that is registered in a nonparticipating county.

(d) A participating county must ensure that owners of vehicles under subsection 

(c) of this section do not receive monetary or compensatory assistance under LIRAP.

§114.62. LIRAP Funding. 

(a) The executive director shall provide funding for the Low Income Vehicle 

Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) with 

available funds from fees collected under §114.53 of this title (relating to Inspection and 

Maintenance Fees) or other designated and available funds from participating counties. 

(b) The program shall be administered in accordance with Texas Government 

Code, Chapter 783. Programmatic costs may include call-center management, 

application oversight, invoice analysis, education, outreach, and advertising. 
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(c) A participating county shall receive, to the extent practicable, funds 

appropriated for the program [funding] in reasonable proportion to the amount in fees 

collected in the participating [affected] county or area from emissions testing fees 

designated by the commission. 

(d) In a county with a vehicle emissions inspection and maintenance program 

under Texas Health and Safety Code, §382.202 or §382.302, not more than 10 percent

of the money provided for LIRAP may be used for administration of the program.

§114.64. LIRAP Requirements. 

(a) Implementation. Participation in the Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) is voluntary. An affected 

county may choose to participate in the program at its discretion. Upon receiving a 

written request to participate in the LIRAP [implement a Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP)] by a county 

commissioners court, the executive director shall authorize the implementation of a 

LIRAP in the requesting county. The executive director and county shall enter into a 

grant contract for the implementation of the LIRAP.
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(1) The grant contract must provide conditions, requirements, and 

projected funding allowances for the implementation of the LIRAP.

(2) A participating county may contract with an entity approved by the 

executive director for services necessary to implement the LIRAP. A participating 

county or its designated entity shall demonstrate to the executive director that, at a 

minimum, the county or its designated entity has provided for appropriate measures for 

determining applicant eligibility and repair effectiveness and ensuring against fraud.

(3) The participating county shall remain the contracted entity even if the 

county contracts with another county or another entity approved by the executive 

director to administer the LIRAP.

(b) Repair and retrofit assistance. A LIRAP must provide for monetary or other 

compensatory assistance to eligible vehicle owners for repairs directly related to 

bringing certain vehicles that have failed a required emissions test into compliance with 

emissions requirements or for installing retrofit equipment on vehicles that have failed a 

required emissions test, if practically and economically feasible, in lieu of or in 

combination with repairs performed to bring a vehicle into compliance with emissions 

requirements. Vehicles under the LIRAP must be repaired or retrofitted at a recognized 

emissions repair facility. To determine eligibility, the participating county or its 
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designated entity shall make applications available for LIRAP participants. The 

application, at a minimum, must require the vehicle owner to demonstrate that:

(1) the vehicle has failed a vehicle emissions test within 30 days of 

application submittal;

(2) the vehicle can be driven under its own power to the emissions 

inspection station or vehicle retirement facility;

(3) the vehicle is currently registered in and has been registered in 

the participating program county for at least 12 of the 15 months immediately preceding 

the application for assistance;

(4) the vehicle has passed the safety portion of the Texas Department of 

Public Safety (DPS) motor vehicle safety and emissions inspection as recorded in the 

Vehicle Inspection Report (VIR), or provide assurance that actions will be taken to bring 

the vehicle into compliance with safety requirements;

(5) the vehicle owner's net family income is at or below 300% of the 

federal poverty level; and
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(6) any other requirements of the participating county or the executive 

director are met.

(c) Accelerated vehicle retirement. A LIRAP must provide monetary or other 

compensatory assistance to eligible vehicle owners to be used toward the purchase of a 

replacement vehicle.

(1) To determine eligibility, the participating county or its designated 

entity shall make applications available for LIRAP participants. The application, at a 

minimum, must require the vehicle owner to demonstrate that:

(A) the vehicle meets the requirements under subsection (b)(1) - (3) 

and (5) of this section;

(B) the vehicle has passed a DPS motor vehicle safety or safety and 

emissions inspection within 15 months prior to application submittal; and

(C) any other requirements of the participating county or the 

executive director are met.
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(2) Eligible vehicle owners of pre-1996 model year vehicles that pass the 

required United States Environmental Protection Agency (EPA) Start-Up Acceleration 

Simulation Mode (ASM) standards emissions test, but would have failed the EPA Final 

ASM standards emissions test, or some other criteria determined by the commission, 

may be eligible for accelerated vehicle retirement and replacement compensation under 

this section.

(3) Notwithstanding the vehicle requirement provided under subsection 

(b)(1) of this section, an eligible vehicle owner of a vehicle that is gasoline powered and 

is at least 10 years old as determined from the current calendar year (i.e., 2010 minus 10 

years equals 2000) and meets the requirements under subsection (b)(2), (3), and (5) of 

this section, may be eligible for accelerated vehicle retirement and compensation.

(4) Replacement vehicles must:

(A) be in a class or category of vehicles that has been certified to 

meet federal Tier 2, Bin 5 or cleaner Bin certification under 40 Code of Federal 

Regulations §86.1811-04, as published in the February 10, 2000, issue of the Federal 

Register (65 FR 6698);

(B) have a gross vehicle weight rating of less than 10,000 pounds;
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(C) have an odometer reading of not more than 70,000 miles;

(D) be a vehicle, the total cost of which does not exceed $35,000 

and up to $45,000 for hybrid, electric, or natural gas vehicles, or vehicles certified as 

Tier 2 Bin 3 or cleaner Bin certification under 40 Code of Federal Regulations §86.1811-

04, as published in the February 10, 2000, issue of the Federal Register (65 FR 6698); 

and

(E) have passed a DPS motor vehicle safety inspection or safety and 

emissions inspection within the 15-month period before the application is submitted.

(d) Compensation. The participating county shall determine eligibility and 

approve or deny the application promptly. If the requirements of subsection (b) or (c) of 

this section are met and based on available funding, the county shall authorize monetary 

or other compensations to the eligible vehicle owner.

(1) Compensations must be:
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(A) no more than $600 and no less than $30 per vehicle to be used 

for emission-related repairs or retrofits performed at recognized emissions repair 

facilities, including diagnostics tests performed on the vehicle; or

(B) based on vehicle type and model year of a replacement vehicle 

for the accelerated retirement of a vehicle meeting the requirements under this 

subsection. Only one retirement compensation can be used toward one replacement 

vehicle annually per applicant. The maximum amount toward a replacement vehicle 

must not exceed:

(i) $3,000 for a replacement car of the current model year or 

previous three model years, except as provided by clause (iii) of this subparagraph;

(ii) $3,000 for a replacement truck of the current model year 

or the previous two model years, except as provided by clause (iii) of this subparagraph;

(iii) $3,500 for a replacement hybrid, electric, natural gas, 

and federal Tier 2 Bin 3 or cleaner Bin certification under 40 Code of Federal 

Regulations §86.1811-04, as published in the February 10, 2000, issue of the Federal 

Register (65 FR 6698) vehicle of the current model year or the three previous model 

years.
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(2) Vehicle owners shall be responsible for paying the first $30 of 

emission-related repairs or retrofit costs that may include diagnostics tests performed 

on the vehicle.

(3) For accelerated vehicle retirement, provided that the compensation 

levels in paragraph (1)(B) of this subsection are met and minimum eligibility 

requirements under subsection (c) of this section are met, a participating county may set 

a specific level of compensation or implement a level of compensation schedule that 

allows flexibility. The following criteria may be used for determining the amount of 

financial assistance:

(A) model year of the vehicle;

(B) miles registered on the vehicle's odometer;

(C) fair market value of the vehicle;

(D) estimated cost of emission-related repairs necessary to bring 

the vehicle into compliance with emission standards;
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(E) amount of money the vehicle owner has already spent to bring 

the vehicle into compliance, excluding the cost of the vehicle emissions inspection; and

(F) vehicle owner's income.

(e) Reimbursement for repairs and retrofits. A participating county shall 

reimburse the appropriate recognized emissions repair facility for approved repairs and 

retrofits within 30 calendar days of receiving an invoice that meets the requirements of 

the county or designated entity. Repaired or retrofitted vehicles must pass a DPS safety 

and emissions inspection before the recognized emissions repair facility is reimbursed. 

In the event that the vehicle does not pass the emissions retest after diagnosed repairs 

are performed, the participating county has the discretion, on a case-by-case basis, to 

make payment for diagnosed emissions repair work performed.

(f) Reimbursements for replacements. A participating county shall ensure that 

funds are transferred to a participating automobile dealership no later than 10 business 

days after the county receives proof of the sale, proof of transfer to a dismantler, and any 

administrative documents that meet the requirements of the county or designated 

entity. A list of all administrative documents must be included in the agreements that 

are entered into by the county or designated entity and the participating automobile 

dealerships.
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(1) A participating county shall provide an electronic means for 

distributing replacement funds to a participating automobile dealership once all 

program criteria have been met. The replacement funds may be used as a down payment 

toward the purchase of a replacement vehicle. Participating automobile dealers shall be 

located in the State of Texas. Participation in the LIRAP by an automobile dealer is 

voluntary.

(2) Participating counties shall develop a document for confirming a 

person's eligibility for purchasing a replacement vehicle and for tracking such purchase.

(A) The document must include at a minimum, the full name of 

applicant, the vehicle identification number of the retired vehicle, expiration date of the 

document, the program administrator's contact information, and the amount of money 

available to the participating vehicle owner.

(B) The document must be presented to a participating dealer by 

the person seeking to purchase a replacement vehicle before entering into negotiations 

for a replacement vehicle.
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(C) A participating dealer who relies on the document issued by the 

participating county has no duty to confirm the eligibility of the person purchasing a 

replacement vehicle in the manner provided by this section.

(g) Opting out of the LIRAP. Participation in the LIRAP is voluntary. A 

participating county may opt out of the program. Procedures to release a participating 

county from the LIRAP shall be initiated upon the receipt of a written request to the 

executive director by the county commissioners court in a participating county.

(1) A written request to opt out of the LIRAP shall request release from the 

LIRAP fee as defined in §114.7 of this title (relating to Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions) and the 

grant contract established in subsection (a) of this section. The written request shall 

include one of the following possible LIRAP opt-out effective dates as defined in §114.7 

of this title:

(A) the LIRAP fee termination effective date as defined in §114.7 of 

this title; or

(B) the last day of the legislative biennium in which the LIRAP fee 

termination effective date as defined in §114.7 of this title occurred.
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(2) Upon receipt of a written request to be released from participation in 

the LIRAP, the executive director shall notify, in writing, with a copy sent to the 

requesting county, the Texas Department of Motor Vehicles (DMV), DPS, and the 

Legislative Budget Board of Texas that the LIRAP fee should no longer be collected for 

vehicles undergoing inspection and registration in the affected county.

(3) A county opting out of the LIRAP remains a participating county until 

the LIRAP opt-out effective date as defined in §114.7 of this title, on which date the 

county is no longer subject to the LIRAP fee, and the grant contract established in 

subsection (a) of this section is ended. Not more than 90 days after a county's LIRAP 

opt-out effective date, the unspent balance of allocated LIRAP funds for that county will 

be returned to the commission unless the county opting out has entered into an official 

inter-county elective agreement with other participating counties in the same region to 

share allocated LIRAP funds. If the county opting out has entered into an official intercounty elective agreement with other participating counties in the same region to share 

allocated LIRAP funds, then the portion of LIRAP allocations that is shared and unspent 

as of the LIRAP opt-out effective date will be redistributed among the remaining 

participating counties that are part of that agreement. This redistribution of funds will 

occur not more than 90 days after a county's LIRAP opt-out effective date. On the 
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LIRAP opt-out effective date, any unspent balance of allocated funds shall be returned 

to the commission.

§114.70. Records, Audits, and Enforcement. 

(a) A participating county shall submit quarterly audit reports to ensure that the 

funds provided to implement the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP) have been used in accordance with 

requirements of this division. The quarterly reports (September - November, December 

- February, March - May, June - August) must be transmitted to the executive director 

in paper copies or in an electronic database format to be determined by mutual 

agreement between the state and the participating county no later than 30 days after the 

end of the quarter. 

(b) At a minimum, the quarterly reports must include the following: 

(1) name of the county department or entity implementing the program 

and their mailing address; 

(2) name of the official representative of the county department or entity; 
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(3) amount of funds received during the reporting period; 

(4) amount distributed for repair assistance, retrofitting, accelerated 

retirement, and administrative costs; 

(5) information regarding the recognized emissions repair facilities and 

vehicle retirement facilities participating in the LIRAP, including the number of 

approved assistance transactions, the amount of each transaction, and the total amounts 

paid to each facility; 

(6) pending amount of funds that must be paid out; 

(7) information for each vehicle participating in program, including: 

(A) vehicle identification number (VIN); 

(B) vehicle license plate number; 

(C) name and business address of the Texas Department of Public 

Safety recognized emissions repair facility or vehicle retirement facility; and 
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(D) date of vehicle repair, retrofit, or retirement; [and] 

(8) information for each replacement vehicle including: 

(A) VIN [vehicle identification number (VIN)]; 

(B) make of vehicle; 

(C) model year; 

(D) odometer reading; 

(E) name and business address of seller; and 

(9) any other information requested by the executive director. 

(c) Records on LIRAP must be maintained for a minimum period of three years 

by a participating county, its designated entity, a participating recognized emissions 

repair facility, and a participating vehicle retirement facility. Upon the LIRAP opt out 

effective date as defined in §114.7 of this title (relating to Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions), the non-
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participating county, its designated entity, a participating recognized emissions repair 

facility, and a participating vehicle retirement facility must maintain program records 

for the non-participating county for a period of three years. Such records must be 

available upon request by the executive director for auditing purposes. 

(d) A participating county, its designated entity, a participating recognized 

emissions repair facility, and a participating vehicle retirement facility shall allow the 

executive director to conduct audits and inspections. For a period of three years after the 

LIRAP opt-out effective date as defined in §114.7 of this title, a non-participating county, 

its designated entity, a participating recognized emissions repair facility, and a 

participating vehicle retirement facility shall allow the executive director to conduct 

audits and inspections of records from the non-participating county.

(e) A person who, with intent to defraud, sells a vehicle in an accelerated vehicle 

retirement program under LIRAP commits an offense that is classified as a third degree 

felony. 

(f) A person who causes, suffers, allows, or permits a violation of §114.66(c) and 

(d) of this title (relating to Disposition of Retired Vehicle) is subject to a civil penalty 

under Texas Water Code, Chapter 7, Subchapter D, [Chapter 7,] for each violation. A 

separate violation occurs with each fraudulent certification or prohibited resale.
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SUBCHAPTER C: VEHICLE INSPECTION AND MAINTENANCE; LOW 

INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED 

VEHICLE RETIREMENT PROGRAM; AND EARLY ACTION COMPACT 

COUNTIES

DIVISION 3: EARLY ACTION COMPACT COUNTIES

§114.87 

Statutory Authority

The amendment is adopted under Texas Water Code (TWC), §5.102, concerning General 

Powers, that provides the commission with the general powers to carry out its duties 

under the TWC; TWC, §5.103, concerning Rules, that authorizes the commission to 

adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, 

concerning General Policy, that authorizes the commission by rule to establish and 

approve all general policy of the commission; and under Texas Health and Safety Code 

(THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air Act. The amendment is 

also adopted under THSC, §382.002, concerning Policy and Purpose, that establishes 

the commission's purpose to safeguard the state's air resources, consistent with the 

protection of public health, general welfare, and physical property; THSC, §382.011, 

concerning General Powers and Duties, that authorizes the commission to control the 

quality of the state's air; and THSC, §382.012, concerning the State Air Control Plan, 
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that authorizes the commission to prepare and develop a general, comprehensive plan 

for the proper control of the state's air. Additionally, the amendment is adopted under 

THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and 

the Public Safety Commission to adopt rules implementing the LIRAP; and THSC, 

§382.210, concerning Implementation Guidelines and Requirements for the LIRAP, that 

authorizes the commission to adopt rules creating guidelines to assist participating 

counties in implementing the LIRAP.

The adopted amendment implements THSC, §§382.002, 382.011, 382.012, 382.017, 

382.209, and 382.210.

§114.87. Inspection and Maintenance Fees. 

(a) The following fees must be paid for an emissions inspection of a vehicle at an 

inspection station in an affected early action compact program county. This fee must 

include one free retest if the vehicle fails the emissions inspection, provided that the 

motorist has the retest performed at the same station where the vehicle originally failed; 

the motorist submits, prior to the retest, a properly completed vehicle repair form 

showing that emissions-related repairs were performed; and the retest is conducted 

within 15 days of the initial emissions test. In Travis and Williamson Counties beginning 
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September 1, 2005 and ending on the day before the single sticker transition date as 

defined in §114.1 of this title (relating to Definitions), any emissions inspection station 

required to conduct an emissions test in accordance with §114.80 of this title (relating to 

Applicability) must collect a fee not to exceed $16 and remit $4.50 to the Texas 

Department of Public Safety (DPS) for each on-board diagnostic and two-speed idle test. 

In Travis and Williamson Counties beginning on the single sticker transition date, any 

emissions inspection station required to conduct an emissions test in accordance with 

§114.80 of this title must collect a fee not to exceed $11.50 for each on-board diagnostic 

and two-speed idle test. 

(b) The per-vehicle fee and the amount the inspection station remits to the DPS 

for a challenge test at an inspection station designated by the DPS must be the same as 

the amounts specified in subsection (a) of this section. The challenge fee must not be 

charged if the vehicle is retested within 15 days of the initial test. 

(c) Inspection stations performing out-of-cycle vehicle emissions inspections 

resulting from written notification that the subject vehicle failed on-road testing (remote 

sensing) must charge a motorist for an out-of-cycle emissions inspection in the amount 

specified in subsection (a) of this section. If the vehicle passes the vehicle emissions

inspection, the vehicle owner may request reimbursement from the DPS. 
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(d) Beginning [Effective] on the single sticker transition date as defined in §114.1 

of this title in Travis and Williamson Counties, the following requirements 

apply. [vehicle owners shall remit $4.50 for motor vehicles subject to vehicle emissions 

inspections to the Texas Department of Motor Vehicles or county tax assessor-collector 

at the time of the annual vehicle registration as part of the vehicle emissions inspection 

fee.]

(1) Vehicle owners in counties participating in Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) shall remit 

$4.50 for motor vehicles subject to vehicle emissions inspections to the Texas 

Department of Motor Vehicles (DMV) or county tax assessor-collector at the time of 

annual vehicle registration as part of the vehicle emissions inspection fee. Of the $4.50 

remitted, $2.00 constitutes the LIRAP fee as defined in §114.7 of this title (relating to 

Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program Definitions).

(2) Vehicle owners in counties participating in the LIRAP and in the 

process of opting out shall remit $4.50 for motor vehicles subject to emissions 

inspection to the DMV or county tax assessor-collector at the time of annual vehicle 

registration as part of the vehicle emissions inspection fee until the LIRAP fee 

termination effective date as defined in §114.7 of this title. Of the $4.50 remitted, $2.00 
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constitutes the LIRAP fee as defined in §114.7 of this title. Upon the LIRAP fee 

termination effective date, vehicle owners in participating counties that are in the 

process of opting out of the LIRAP shall remit $2.50 for motor vehicles subject to 

vehicle emissions inspections to the DMV or county tax-assessor-collector at the time of 

annual vehicle registration as part of the vehicle emissions inspection fee.

(3) Vehicle owners in counties not participating in the LIRAP shall remit 

$2.50 for motor vehicles subject to vehicle emissions inspection to the DMV or county 

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee.