(a) Any person owning or operating any motor vehicle or motor vehicle engine on which is installed or incorporated a system or device used to control emissions from the motor vehicle in compliance with federal motor vehicle rules shall maintain the system or device in good operable condition and shall use it at all times that the motor vehicle or motor vehicle engine is operated.

(b) No person may remove or make inoperable any system or device used to control emissions from a motor vehicle or motor vehicle engine or any part thereof, except where the purpose of removal of the system or device, or part thereof, is to install another system or device, or part thereof, which is equally effective in reducing emissions from the vehicle. Acceptable removal and/or installation practices include:

(1) Replacement of the engine of a vehicle if: (A) the design of the replacement engine has received prior approval of the EPA; (B) the design of the replacement engine is compatible with the vehicle chassis such that all applicable pollution control systems and devices are properly installed and operable; and (C) the resulting vehicle is identical, with regard to all emission-related parts and emission-related engine design parameters and calibrations, to the same or a newer model year vehicle, as originally equipped.

(2) Replacement of a catalytic converter on a vehicle if: (A) the replacement catalyst is an original equipment manufacturer's catalyst or an aftermarket catalyst accepted by EPA; and (B) conformance with subparagraph (A) of this paragraph is documented during the inspection of the vehicle, or upon request.

(3) Installation of conversion equipment to allow the use of an approved alternative fuel, if the conversion kit components are recognized by the Texas Railroad Commission as complying with applicable safety requirements.

(4) Replacement or installation of any other system or device if: (A) the system or device can be demonstrated to be at least as effective in reducing emissions as the original equipment; and (B) conformance with subparagraph (A) of this paragraph is documented, upon request.

(c) No person may sell, offer for sale, lease, or offer to lease in the State of Texas any motor vehicle unless all of the following conditions are met:

(1) The motor vehicle shall be equipped with either the control systems or devices that were originally a part of the motor vehicle or motor vehicle engine or an alternate control system or device as designated in subsection (b) of this section.

(2) The control systems or devices required in paragraph (1) of this subsection shall be in good operable condition.

(3) A notice of the prohibition and requirements of this subsection shall be displayed at all commercial motor vehicle sales facilities, vehicle consignment lots, and other businesses in Texas which sell, offer for sale, lease, or offer to lease more than three used vehicles per year. The notice shall be displayed in a conspicuous and prominent location near each customer entrance way and in each sales or lease office. The notice shall read, "State law prohibits any person from selling, offering for sale, leasing, or offering to lease any vehicle not equipped with all emission control systems or devices in good operable condition. Violators are subject to penalties under the TCAA of up to $25,000 per violation." This notice shall be no smaller than 8 inches by 10 inches (20.32 cm by 25.4 cm) and shall be clearly visible to all customers.

(d) Any part or component of an air pollution control system or device of a motor vehicle or motor vehicle engine equipped with such air pollution control system or device in compliance with federal motor vehicle rules shall not be replaced with a different part or component unless such part or component is designated as a replacement for the specific make and model of the vehicle or vehicle engine.

(e) No person may sell, offer for sale, or use any system or device which circumvents or alters any system, device, engine, or any part thereof, installed by a vehicle manufacturer to comply with the Federal Motor Vehicle Control Program during actual in-use operation of a motor vehicle on Texas roadways. A notice of the prohibitions and requirements of this subsection shall be displayed at all motor vehicle parts, supply, repair, alternative fuel conversion, or other vehicle service facilities in Texas which sell, offer for sale, install, or offer to install any vehicle emission control, exhaust system or device, aftermarket alternative fuel conversion, or engine. The notice shall be displayed in a prominent and conspicuous location near each consumer entrance way and service counter. The notice shall read: "State law prohibits any person from selling, offering for sale, or using any system or device for the purpose of circumventing the emission control device on a vehicle or vehicle engine. State law also prohibits any person from removing or disconnecting any part of the emission control system of a motor vehicle, except to install replacement parts which are equally effective in reducing emissions. Violators are subject to penalties under the TCAA of up to $25,000 per violation." This notice shall be no smaller than 8 by 10 inches (20.32 cm by 25.4 cm) and shall be clearly visible to all customers.

Source Note: The provisions of this §114.20 adopted to be effective December 1, 1997, 22 TexReg 11388