Texas law will not let them pass an ODBII car without pulling the diagnostics through the ODBII port. They risk a fine and having their license pulled if they fudge it. Welcome to our Californified gobment. Tarrent County has recently been added to the smog counties like Dallas, Denton, Collin etc...
Read up on the regs on emissions testing. Its quite a pita to replace an engine or modify a late model car. Basically the law states you have to have as good or better emissions then the stock equipment. And it is up to you to prove it not them.
I went through this when I was building my Jeep. I was determined to keep it street legal. Luckily any kind of EFI with o2 feedback is leages better then the stock equipment on a 72.
EDIT: Just found a PDF document from September 2, 2008. It states that because of Federal EPA restictions if an ODB equiped car can not communicate with the diagnostics equipment because of modifications it will be failed. It will no longer fail back to the sniffer test.