(a) To be certified by the department as an emissions inspection station for purposes of the emissions inspection and maintenance (I/M) program, the station must:
  (1) be certified by the department as an official vehicle inspection station;
  (2) comply with this chapter, the DPS Training and Operations Manual for Vehicle Inspection Stations and Certified Inspectors, Texas Transportation Code, Chapter 547 and Chapter 548, and regulations of the department;
  (3) complete all applicable forms and reports as required by the department;
  (4) purchase or lease emissions testing equipment currently certified by the Texas Commission on Environmental Quality (TCEQ) to emissions test vehicles and maintain existing emissions testing equipment to meet the certification requirements of the TCEQ at the department-approved location unless otherwise authorized by the department;
  (5) obtain and maintain in working order a secure internet connection with a single static Internet Protocol (IP) address to be used by all vehicle emissions analyzers at each department-approved location, connected to the Texas Information Management System (TIMS) vehicle identification database at all times for the purposes of performing vehicle emissions tests; and
  (6) enter into and maintain a business arrangement with the TIMS contractor to obtain a telecommunications link to the TIMS vehicle identification database for each vehicle emissions analyzer to be used to inspect vehicles as described in the Texas I/M State Implementation Plan (SIP).
(b) All public certified emissions inspection stations in affected counties shall offer the onboard diagnostic (OBD) test.
(c) The fee for an emissions test must provide for one free retest for each failed initial emissions inspection, provided that the motorist has the retest performed at the same vehicle inspection station where the vehicle originally failed and the retest is conducted within 15 calendar days of the initial emissions test, not including the date of the initial emissions test.
(d) To qualify as a certified emissions inspector, an applicant must:
  (1) be certified by the department as an official vehicle inspector;
  (2) complete the training required for the vehicle emissions inspection program and receive the department's certification for such training;
  (3) comply with the DPS Training and Operations Manual for Official Vehicle Inspection Stations and Certified Inspectors, this chapter, and other applicable rules, regulations and notices of the department; and
  (4) complete all applicable forms and reports as required by the department.

Source Note: The provisions of this §23.55 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 261; amended to be effective May 14, 2020, 45 TexReg 3141; amended to be effective July 3, 2024, 49 TexReg 4809