(a) The department may issue an emissions testing waiver to any vehicle that passes all requirements of the standard safety inspection portion of the annual vehicle safety inspection and meets the established criteria for a particular waiver. An emissions testing waiver defers the need for full compliance with vehicle emissions standards of the vehicle emissions inspection and maintenance (I/M) program for a specified period of time after a vehicle fails an emissions test. The motorist may apply once each testing cycle for the waiver.
(b) Qualified emissions related repairs are those repairs to emissions control components, including diagnosis, parts and labor, which count toward a low mileage waiver or individual vehicle waiver. To be considered qualified emissions related repairs, the repairs:
  (1) must be directly applicable to the cause for the emissions test failure;
  (2) must be performed after the initial emissions test or have been performed within 60 days prior to the initial emissions test;
  (3) must not be tampering related repairs;
  (4) must not be covered by any available warranty coverage unless the warranty remedy has been denied in writing by the manufacturer or authorized dealer; and
  (5) must be performed by a recognized emissions repair technician of Texas at a recognized emissions repair facility of Texas to include the labor cost and/or diagnostic costs. If repairs are not performed by a recognized emissions repair technician of Texas at a recognized emissions repair facility of Texas, only the purchase price of parts applicable to the emissions test failure qualify as a repair expenditure for the low mileage waiver or individual vehicle waiver.
(c) Low mileage waiver.
  (1) A vehicle may be eligible for a low mileage waiver provided it:
    (A) has failed both its initial emissions inspection and retest;
    (B) has incurred qualified emissions-related repairs, as defined in paragraph (2) of this subsection, costing $100 or more;
    (C) has been driven less than 5,000 miles in the previous inspection cycle; and
    (D) is reasonably expected to be driven fewer than 5,000 miles before the next inspection is required.
  (2) The requirements listed in subparagraphs (A) - (C) of this paragraph must be met to receive a low mileage waiver:
    (A) The vehicle must pass a visual inspection performed by a department representative to ensure the emissions repairs claimed have actually been performed.
    (B) The diagnosis, parts, and labor receipts for the qualified emissions related repairs must be presented to the department and support that the emissions repairs claimed have actually been performed.
    (C) The valid retest vehicle inspection report and valid vehicle repair form for the applicant vehicle must be presented to the department. If labor and/or diagnostic charges are being claimed towards the low mileage waiver amount, the vehicle repair form shall be completed by a recognized emissions repair technician of Texas.
(d) Individual vehicle waiver.
  (1) If a vehicle has failed an emissions test required by the vehicle emissions I/M program, an applicant may petition the designated representative of the department for an individual vehicle waiver in order for the vehicle to receive a state vehicle inspection report. The applicant must demonstrate that all reasonable measures, such as diagnostics, repairs, or installation of replacement parts, have been implemented, but have failed to bring the vehicle into compliance with the program. The department will review the measures taken by the applicant to ensure they have been performed, further measures would be economically unfeasible during this inspection cycle and a waiver will result in a minimal impact on air quality. A vehicle may be eligible for an individual vehicle waiver provided:
    (A) It failed both the initial emissions inspection and retest.
    (B) The motorist has incurred qualified emissions related repairs, equal to or in excess of the maximum reasonable repair expenditure amounts, as defined in this section for the county in which the vehicle is registered.
  (2) The applicable maximum reasonable repair expenditure amounts are:
    (A) in affected counties, except El Paso county--$600; and
    (B) in El Paso county--$450.
  (3) The individual vehicle waiver shall be valid through the end of the twelfth month from the date of issuance. Motorists must apply for the individual vehicle waiver each testing cycle.
  (4) The conditions listed in subparagraphs (A) - (C) of this paragraph must be met to receive an individual vehicle waiver:
    (A) The vehicle must pass a visual inspection performed by a department representative to ensure the emissions repairs being claimed have actually been performed.
    (B) The diagnosis, parts, and labor receipts for the qualified emissions related repairs must be presented to the department and support that the emissions repairs being claimed have been performed.
    (C) The valid retest vehicle inspection report and valid vehicle repair form for the applicant vehicle must be presented to the department. If labor and/or diagnostic charges are being claimed towards the individual vehicle waiver, the vehicle repair form shall be completed by a recognized emissions repair technician of Texas.

Source Note: The provisions of this §23.52 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 261