73R9749 E
By Campbell H.B. No. 2564
Substitute the following for H.B. No. 2564:
By Jackson C.S.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.