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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to the modification of a motor vehicle to emit soot, smoke,  | 
      
      
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        or other particulate matter; creating an offense; imposing an  | 
      
      
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        administrative penalty. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Subchapter F, Chapter 548, Transportation Code,  | 
      
      
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        is amended by adding Section 548.305 to read as follows: | 
      
      
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               Sec. 548.305.  MODIFICATION OF MOTOR VEHICLE TO EMIT SOOT,  | 
      
      
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        SMOKE, OR OTHER PARTICULATE MATTER.  (a)  The registered owner of a  | 
      
      
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        diesel-powered motor vehicle commits an offense if the owner  | 
      
      
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        modifies or causes to have modified the motor vehicle in a manner  | 
      
      
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        that the owner knows or should know will increase the motor  | 
      
      
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        vehicle's capacity to emit soot, smoke, or other particulate  | 
      
      
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        matter. | 
      
      
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               (b)  The operator of a diesel-powered motor vehicle commits  | 
      
      
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        an offense if the operator intentionally or knowingly uses a  | 
      
      
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        modification described by Subsection (a) to release a significant  | 
      
      
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        quantity of soot, smoke, or other particulate matter while  | 
      
      
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        operating the vehicle on a public street, road, or highway. | 
      
      
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               (c)  An offense under this section is a Class C misdemeanor. | 
      
      
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               SECTION 2.  Section 548.3065(c-1), Transportation Code, is  | 
      
      
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        amended to read as follows: | 
      
      
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               (c-1)  The conservation commission may impose an  | 
      
      
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        administrative penalty on a person: | 
      
      
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                     (1)  in the amount of not more than $500 for each  | 
      
      
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        violation of this subchapter or a rule adopted by the conservation  | 
      
      
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        commission under this subchapter; or | 
      
      
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                     (2)  in the amount of not more than $2,500 for a  | 
      
      
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        violation of Section 548.305. | 
      
      
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               SECTION 3.  This Act takes effect September 1, 2015. |