.session
on April 12.1995, in Austin. Texas. the Senate General Investigating Committee and the House General Investigating Committee
Code. to consider the preliminary investigation of the Texas Commission
pursuant to Section 301.019, Texas
Government
and Drug Abuse, and
on April 18. 1995, the Legdative Audit Committee found that a condition of gross fiscal mismanagement exists at the Texas
on M o l end Drug Abuse and that suffiient evidence exists to warrant placing the agency under state conervatodip; and
on April 26,1995, pursuant to the above and by authority of the Constitution and laws of the State of Texas. I.George JN. Bush.
Texas, ordered the State Conservatorship Board to act as canservatar of the Texas Commission on Alcohol-and Drug Abuse; and
ruary 26.19%. the State Conservatorship Board, in open meeting. declared and forwarded such declaration to me that the
fiscal mismanagement in the Texas Commission on Alcohol and Drug Abuse no longer exists.
BR the wnservatorship of the Texas Commission on Alcohol and Drug Abuse dissolved effective as of Ftbruary 27. 19%;
FURTHER ORDER that, not later than November 1.19%. the transitional board members of the Texas Commission on Alcohol
Abuse, newly constituted pursuant to Article 26 of Chapter 876 of the 74th Legislature. Regular Session. and the State
rship Board file joint recommendations with the presiding officer of each house of the legislature for consideration by the 75th
relating to the gwernance of the commission.
in Austin. Texas on February 26,1996.
QuoIge
w.
QOvOrnOT
Bush
d TeJccll
the Texas Motorist's Choice Program
section 382.037(a-1) authorizes the Governor to direct the adoption of a particular testing technology or system or a particular
of technologies, systems, or technologies and systems. and to adjust appropriate fees as necessary;
(Commission) to develop and implement the Texas Motorist's Choice Fbgram. appmvable by
vehicles and light- and heavy-duty trucks required to be registered in. and primarily operated in. Dallas. Tarrant.
that arc between two and 24 years old are subject to the inspection and maintenance program requirements.
facilities in these counties and vehicles exempt from registration and primarily operated in these counties are
irements as well.
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Upon proof of eligibility and payment of a reasonable fee. as established by Commission rule. a motorist may qualify for a waiver
certain inspection and maintenance requiremab.
The Commission shall develop test equipment criteria and shall set emission test procedures and passing criteria.
The Commission shall collect and report inspection and maintenance data to EPA. including inspection results. inspection facdity
challenge test and waiver data. vehicle repair data. audit data. enforcement data. data regarding vehicles aperated on f&al facilities. v
of enforcing Program requirements.
The Commission shall, ia moperation with the Texas Department of Transportation. develop a program providing for the denial of registra
of vehicles that have not complied with Program requirements.
The Commission shall, in cooperation with the Texas Department of Transportation. develop a program providing that vehicles
and 24 years old must pass an inspection within 60 days of resale and prior to transfer of title to non-family member consume
Tarrant. or Harris Counties.
FURTHER.I hereby direct the Commission to implement the following Program components in order to provide the maximum conv
and consumer protection for motorists:
The Commission shall set an inspection fee that will Include State oversight costs.
The Commission shall develop. implement. and wersee a public information campaign that includes the remote sensing and test on
components of the Program.
The Commission shall adopt a resolution. in accordance with section 382. 037(d) of the Act. which provides that the Department
vehicle be inspected annually with a two-speed idle test or biennially with a loadedltransient mode test. as required by the Texas air qu
State Implementation Plan.
FURTHER.I hereby direct the Commission to enter into an agreement with the Department to provide for the establishment of the f o b
Program components:
In accordance with section 382.038(a) of the Act, the Department shall adopt by rule standards and procedures for implementing
inspection and maintenance program designed by the Commission and for Licensing inspection facilities, includmg the establishment o
penalty structure that will meet the requirements of federal regulations provided at 40 C.F.R. 551.364.
In cooperation with the Commission. the Department shall develop, implement. and oversee a public information campaign pe
results.
The Department shall issue waivers in accordance with the Commission's criteria adopted by rule.
.conveniently challenge the validity of the results of an inspcction. in order to ensure quality control of the inspection facilities and cons
protection.
The Department shall recognize automotive repair facilities and technicians, in accordance with criteria adopted by the Commission. in o
to promote increased consumer protection.
AND ADDITIONALLY. WHERFAS, legislation is desirable to enhance the Texas Motorist's Choice Program.
NOW.THEWFORE. I hereby declare my intent to support legislation in the 75th Legislative session that will authorize the impleme
of the following Program components: (1) the denial of re-registration of vehicles that have not complied with Program requirements;
establishment of a class C misdemeanor penalty for operating a gross-polluting vehicle in a nonattainment area; and (3) the requirement
inspection within 60 days of resale and prior to transfer of title to non-family member consumers residing in Dallas. Tarrant. or
Counties.
This executive order shall remain in effect until mod5ed. amended, or rescinded by me.
lssued in +tin, Texas on Februery 27, 1996.
TRD~BOS&
QWtge W. BUsh
Qovemor d Tares
CWB 46-2
Relating to the March 12. 19% and the April 9. 1996 Primary and Runoff Elections
WHFlREAS. a s@iant
number of United States military and civilian personnel are stationed or living overseas. includmg those who
presently deployed in support of Operation of Joint Endeavor in Bosnia. and
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