73R9749 E By Campbell H.B. No. 2564 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of persons engaged in certain business 1-3 activities; providing civil penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Person" means an individual human being, 1-7 corporation, partnership, firm, or other legal entity. 1-8 (2) "Commission" means the Texas Water Commission. 1-9 (3) "Executive director" means the executive director 1-10 of the commission. 1-11 (4) "Motor vehicle" means a self-propelled device 1-12 with at least four wheels by which a person or property may be 1-13 transported or drawn on a public street or highway, except a device 1-14 exclusively on stationary rails or tracks. 1-15 (5) "Repair facility" means a person that engages in 1-16 the business of repairing or replacing the nonmechanical exterior 1-17 or interior body parts of a damaged motor vehicle. 1-18 (6) "Registrant" means a person registered under the 1-19 terms of this Act. 1-20 SECTION 2. REGISTRATION REQUIRED. A repair facility shall 1-21 register with the commission as provided by this Act and by rules 1-22 promulgated by the commission. The repair facility shall renew 1-23 the registration annually in the manner prescribed by the 2-1 commission. 2-2 SECTION 3. INFORMATION DISCLOSED IN REGISTRATION. (a) The 2-3 commission by rule shall promulgate a form for application for the 2-4 registration required by this Act and for application for renewal 2-5 of the registration required by this Act. The commission by rule 2-6 shall determine the information to be disclosed on the application. 2-7 The application shall be sworn and shall set forth at least the 2-8 following: 2-9 (1) each conviction of a felony, or misdemeanor for 2-10 which the maximum punishment is by confinement in jail or by a fine 2-11 exceeding $200, that was obtained against the applicant or a 2-12 partner or officer of the applicant in the three-year period 2-13 immediately preceding the date of the application; 2-14 (2) the name and street address, and the mailing 2-15 address if different from the street address, of each location at 2-16 which the applicant operates a repair facility; 2-17 (3) the name and address of each owner, partner, 2-18 officer, director, or shareholder holding 10 percent or more of the 2-19 outstanding shares if the applicant is a corporation; 2-20 (4) a statement setting forth each identification 2-21 number assigned by, or other evidence of compliance with the 2-22 requirements of, each of the following, if applicable: 2-23 (A) the United States Environmental Protection 2-24 Agency; 2-25 (B) the United States Occupational Safety and 3-1 Health Administration; 3-2 (C) the Texas Water Commission; 3-3 (D) the Texas Department of Health; 3-4 (E) the Texas Air Control Board; 3-5 (F) the comptroller of public accounts; and 3-6 (G) a municipal ordinance or county regulation. 3-7 (b) A registration or a renewal of a registration shall be 3-8 accompanied by a fee of $50. 3-9 SECTION 4. CERTIFICATE OF REGISTRATION; EXPIRATION. On 3-10 receipt of the form required by Section 3 of this Act, the 3-11 executive director shall issue a certificate of registration to the 3-12 applicant. A certificate of registration: 3-13 (1) shall bear a unique number; 3-14 (2) is valid for one year from the date of issuance; 3-15 (3) may be renewed upon application to the executive 3-16 director on a form provided by the executive director; 3-17 (4) is not transferrable; and 3-18 (5) is applicable only to the person whose name 3-19 appears on the certificate or an employee of that person. 3-20 SECTION 5. RENEWAL. Within 30 days prior to the expiration 3-21 of a certificate of registration, the registrant shall apply for 3-22 renewal of the license in the manner provided by this Act. 3-23 SECTION 6. EXPIRATION; TERMINATION; SURRENDER. (a) The 3-24 executive director may suspend or revoke a certificate of 3-25 registration prior to its expiration date according to the 4-1 procedures and on the grounds established pursuant to Section 7 of 4-2 this Act. A certificate of registration may be terminated at any 4-3 time by voluntary surrender by the registrant. 4-4 (b) Upon the expiration, termination, or surrender of a 4-5 certificate of registration, the registrant shall deliver the 4-6 certificate to the executive director who shall cancel the 4-7 certificate or endorse the date of expiration, termination, or 4-8 surrender on the certificate. 4-9 (c) If a certificate of registration is lost or destroyed, 4-10 the registrant shall file an affidavit to that effect, and the 4-11 commissioner shall, on receipt of a $25 replacement fee, issue a 4-12 replacement certificate clearly identified as such on the 4-13 certificate and in the records of the commission. 4-14 SECTION 7. REVOCATION; SUSPENSION; RULES. (a) The 4-15 commission shall adopt rules establishing the grounds for 4-16 suspension, revocation, or reinstatement of a certificate of 4-17 registration and establishing the procedures for disciplinary 4-18 actions. 4-19 (b) Proceedings relating to the suspension or revocation of 4-20 a certificate of registration issued under this Act are subject to 4-21 the Administrative Procedure and Texas Register Act (Article 4-22 6252-13a, Vernon's Texas Civil Statutes). 4-23 SECTION 8. REGISTRATION APPLICATIONS AND CERTIFICATES: 4-24 MAINTENANCE OF RECORDS. The executive director shall maintain, in 4-25 convenient form and open to the public, all applications for 5-1 registration and copies of certificates of registration and shall 5-2 annually publish a list of names and addresses of persons 5-3 registered with the commission under this Act, the names of all 5-4 persons whose registration has been revoked, suspended, or 5-5 surrendered during the period, and the specific time that the 5-6 suspension, revocation, or surrender became effective. 5-7 SECTION 9. PUBLIC DISPLAY OF CERTIFICATE OF REGISTRATION. A 5-8 registrant shall publicly display its current certificate of 5-9 registration in its place of business in a location readily visible 5-10 to a customer paying for repairs. A registrant shall also include 5-11 the registrant's registration number on repair estimates, repair 5-12 orders, and correspondence. 5-13 SECTION 10. ADVERTISING; REPAIR CHARGES. (a) A registrant 5-14 shall include the number of its certificate assigned by the 5-15 commission as provided by this Act as a part of an advertisement 5-16 for motor vehicle repairs. 5-17 (b) A registrant may not make any false or fraudulent 5-18 statement in connection with any repair or attempt to collect for a 5-19 repair. 5-20 SECTION 11. RECORDS. (a) A registrant shall maintain a 5-21 record of each motor vehicle that enters the registrant's premises 5-22 for the purpose of obtaining repairs. Except as provided by 5-23 Subsection (b) of this section, the registrant shall include in 5-24 that record at least the following information: 5-25 (1) a description of the vehicle; 6-1 (2) the vehicle identification number; 6-2 (3) the date the vehicle entered the registrant's 6-3 premises; 6-4 (4) the odometer reading at the time the vehicle is 6-5 received; 6-6 (5) the name and address of the person from whom the 6-7 vehicle was received; and 6-8 (6) a signed authorization for the work to be 6-9 performed on the vehicle. 6-10 (b) The record required by Subsection (a) of this section 6-11 shall be kept in a convenient place and, along with the premises of 6-12 the registrant's place of business, may be inspected at any time by 6-13 the executive director or an employee of the commission. 6-14 (c) In the case of a vehicle that was towed to the 6-15 registrant's repair facility without the consent of the owner of 6-16 the vehicle, the information that the registrant shall maintain is 6-17 the information provided by the law enforcement agency that 6-18 initiated the towing process. 6-19 SECTION 12. VIOLATIONS; PENALTY. (a) A repair facility 6-20 that fails to register as provided by this Act shall pay a civil 6-21 penalty of $250. The executive director shall waive the penalty if 6-22 the repair facility files proper registration within 10 days after 6-23 notice of the violation. 6-24 (b) A registrant that violates a provision of this Act is 6-25 subject to a civil penalty not to exceed $100. 7-1 SECTION 13. EFFECTIVE DATE. This Act takes effect January 7-2 1, 1994. 7-3 SECTION 14. EMERGENCY. The importance of this legislation 7-4 and the crowded condition of the calendars in both houses create an 7-5 emergency and an imperative public necessity that the 7-6 constitutional rule requiring bills to be read on three several 7-7 days in each house be suspended, and this rule is hereby suspended.