No Catalytic Converter. No Sale
Diesel dealers beware. Did you know that it is illegal in Texas to sell a vehicle without the catalytic converters installed? Texas 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 Texas Clean Air Act of up to $25,000 per violation. Buyers are advised to have the vehicle checked for all required emission control devices prior to purchasing a new or used vehicle.
This is especially true of truck customers that elect to modify or remove their catalytic converters for performance or other reasons. A vehicle may not be legally sold if its original engine has been replaced with another certified engine but without the related emission control components. Tampering includes the failure to install the emission controls associated with an engine configuration.
Liability after the sale? While diesel emissions are exempt from many state inspections, diesel systems must be EPA compliant. What if your customer tries to sell or inspect a vehicle in an attainment county and cannot inspect, register, sell, or transfer the vehicle in that county or an attainment county? The dealer that sold that is likely going to get the call from a lawyer or face a significant TECQ fine. Remember, catalytic converters are expensive. Don't get left holding the repair bill.
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 114 CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES
SUBCHAPTER B MOTOR VEHICLE ANTI-TAMPERING REQUIREMENTS
RULE §114.20 Maintenance and Operation of Air Pollution Control Systems or Devices Used to Control Emissions from Motor Vehicles
(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.