Tex.
Transp. Code Section 548.6035
Fraudulent Emissions Inspection of Motor Vehicle
(a)
A person commits an offense if, in connection with a required emissions inspection of a motor vehicle, the person knowingly:(1)
submits information to the department’s inspection database stating that a vehicle has passed the applicable inspections or issues a passing vehicle inspection report, if:(A)
the vehicle does not meet the emissions requirements established by the department; or(B)
the person has not inspected the vehicle;(2)
manipulates an emissions test result;(3)
uses or causes to be used emissions data from another motor vehicle as a substitute for the motor vehicle being inspected; or(4)
bypasses or circumvents a fuel cap test.(b)
A first offense under Subsections (a)(1)-(3) is a Class B misdemeanor.(c)
Except as provided by Subsection (d), a second or subsequent offense under Subsections (a)(1)-(3) is a Class A misdemeanor.(d)
If it is found on trial of an offense under Subsections (a)(1)-(3) that the person committing the offense acted with the intent to defraud or harm another person, the offense is a state jail felony.(e)
An offense under Subsection (a)(4) is a Class C misdemeanor.(f)
It is a defense to prosecution under Subsection (a)(4) that the analyzer used by the person developed a functional problem during the emissions inspection of the fuel cap that prevented the person from properly conducting the fuel cap test portion of the emissions inspection.
Source:
Section 548.6035 — Fraudulent Emissions Inspection of Motor Vehicle, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.548.htm#548.6035 (accessed Jun. 5, 2024).
