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.
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, corporation,
1-7 partnership, firm, or other legal entity.
1-8 (2) "Commission" means the Texas Water Commission.
1-9 (3) "Executive Director" means the executive director of the
1-10 commission.
1-11 (4) "Motor Vehicle" means a self-propelled device by which a
1-12 person or property may be transported or drawn upon a public street
1-13 or highway except a device exclusively upon stationary rails and
1-14 tracks.
1-15 (5) "Repair facility" means a person who engages in the
1-16 business of repairing or replacing the nonmechanical exterior or
1-17 interior body parts of a damaged motor vehicle.
1-18 (6) "Registrant" means a person registered under the terms
1-19 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 registration shall be renewed
1-23 annually in the manner prescribed by the commission.
2-1 SECTION 3. INFORMATION DISCLOSED IN REGISTRATION. (a) The
2-2 commission by rule shall promulgate a form for application for the
2-3 registration required by this Act and for application for renewal
2-4 of the registration required by this Act. The commission by rule
2-5 shall determine the information to be disclosed on the application.
2-6 The application shall be sworn and shall set forth at least the
2-7 following:
2-8 (1) each conviction of a felony, or misdemeanor for which
2-9 the maximum punishment is by confinement in jail or by a fine
2-10 exceeding $200, that was obtained against the applicant, or a
2-11 partner or officer of the applicant in the three years immediately
2-12 preceding the date of the application;
2-13 (2) the name and street address, and the mailing address, if
2-14 different from the street address, of each location at which the
2-15 applicant operates a repair facility;
2-16 (3) the name and address of each owner, partner, officer, or
2-17 director, or shareholder holding ten percent or more of the
2-18 outstanding shares, if the applicant is a corporation;
2-19 (4) a statement setting forth each identification number
2-20 assigned by, or other evidence of compliance with the requirements
2-21 of each of the following, if applicable:
2-22 (A) the United States Environmental Protection Agency;
2-23 (B) the United States Occupational Safety and Health
2-24 Administration;
2-25 (C) the Texas Water Commission;
3-1 (D) the Texas Department of Health;
3-2 (E) the Texas Air Control Board;
3-3 (F) the Comptroller of Public Accounts; and
3-4 (G) municipal ordinance or county regulations.
3-5 (b) A registration or a renewal of a registration shall be
3-6 accompanied by a fee of $50.
3-7 SECTION 4. CERTIFICATE OF REGISTRATION; EXPIRATION. On
3-8 receipt of the form required by Section 3 of this Act, the
3-9 executive director shall issue a certificate or registration to the
3-10 applicant. A certificate of registration:
3-11 (1) shall bear a number;
3-12 (2) is valid for one year from the date of issuance;
3-13 (3) may be renewed upon application to the executive
3-14 director on a form provided by the executive director;
3-15 (4) is not transferrable; and
3-16 (5) may be exercised only by the person whose name appears
3-17 on the certificate.
3-18 SECTION 5. RENEWAL. (a) Within 30 days prior to the
3-19 expiration of a certificate or registration, the registrant shall
3-20 apply for renewal of the license in the manner provided by this
3-21 Act.
3-22 SECTION 6. EXPIRATION; TERMINATION; SURRENDER. (a) The
3-23 executive director may suspend or a revoke a certificate of
3-24 registration prior to its expiration date according to the
3-25 procedures and on the grounds set forth in Section 7 of this Act.
4-1 A certificate of registration may be terminated at any time by
4-2 voluntary surrender by the registrant.
4-3 (b) Upon the expiration, termination, or surrender of a
4-4 certificate of registration, the registrant shall deliver the
4-5 certificate to the executive director, who shall cancel the
4-6 certificate, endorse the date of expiration, termination or
4-7 surrender on the certificate.
4-8 (c) If a certificate of registration is lost, misplaced or
4-9 destroyed, the registrant shall file an affidavit to that effect,
4-10 and the commissioner shall, on receipt of a $25 replacement fee,
4-11 issue a replacement certificate clearly identified as such on the
4-12 certificate and in the records of the commission.
4-13 SECTION 7. REVOCATION; SUSPENSION; RULES. (a) The
4-14 commission shall adopt rules establishing the grounds for
4-15 suspension, revocation or reinstatement of a certificate of
4-16 registration, and establishing the procedures for disciplinary
4-17 actions.
4-18 (c) Proceedings relating to the suspension or revocation of
4-19 a certificate of registration issued under this Act are subject to
4-20 the Administrative Procedure and Texas Register Act (Article
4-21 6252-13a, Vernon's Texas Civil Statutes).
4-22 SECTION 8. REGISTRATION APPLICATIONS AND
4-23 CERTIFICATES: MAINTENANCE OF RECORDS. The commissioner shall
4-24 maintain, in convenient form, and open to public inspection all
4-25 applications for registration and copies of certificates of
5-1 registration and shall annually publish a list of names and
5-2 addresses of persons registered with the commission under this Act,
5-3 and the names of all persons whose registration has been revoked,
5-4 suspended, or surrendered during the period, and the specific time
5-5 which such suspension, revocation or surrender became effective.
5-6 SECTION 9. PUBLIC DISPLAY OF CERTIFICATE OF REGISTRATION. A
5-7 registrant shall publicly display its current certificate of
5-8 registration in its place of business in a location readily
5-9 (G) municipal ordinance or county regulations.
5-10 (b) A registration or a renewal of a registration shall be
5-11 accompanied by a fee of $50.
5-12 SECTION 4. CERTIFICATE OF REGISTRATION; EXPIRATION. On
5-13 receipt of the form required by Section 3 of this Act, the
5-14 executive director shall issue a certificate of registration to the
5-15 applicant. A certificate of registration:
5-16 (1) shall bear a number;
5-17 (2) is valid for one year from the date of issuance;
5-18 (3) may be renewed upon application to the executive
5-19 director on a form provided by the executive director;
5-20 (4) is not transferrable; and
5-21 (5) may be exercised only by the person whose name appears
5-22 on the certificate.
5-23 SECTION 5. RENEWAL. (a) Within 30 days prior to the
5-24 expiration of a certificate or registration, the registrant shall
5-25 apply for renewal of the license in the manner provided by this
6-1 Act.
6-2 SECTION 6. EXPIRATION; TERMINATION; SURRENDER. (a) The
6-3 executive director may suspend or a revoke a certificate of
6-4 registration prior to its expiration date according to the
6-5 procedures and on the grounds set forth in Section 7 of this Act.
6-6 A certificate of registration may be terminated at any time by
6-7 voluntary surrender by the registrant.
6-8 (b) Upon the expiration, termination, or surrender of a
6-9 certificate of registration, the registrant shall deliver the
6-10 certificate to the executive director, who shall cancel the visible
6-11 to a customer paying for repairs.
6-12 SECTION 10. ADVERTISING; REPAIR CHARGES. (a) A registrant
6-13 shall include the number of its certificate assigned by the
6-14 executive as provided by this Act as a part of an advertisement for
6-15 motor vehicle repairs.
6-16 (b) A registrant may not make any false or fraudulent
6-17 statement in connection with any repair or attempt to collect for a
6-18 repair.
6-19 SECTION 11. RECORDS. (a) A registrant shall maintain
6-20 proper record of every motor vehicle that enters and leaves the
6-21 facility's place of business. A proper record shall include, but
6-22 is not limited to, a description of the motor vehicle, the vehicle
6-23 identification number, the date received, the odometer reading at
6-24 the time the vehicle is received, the name and residences of the
6-25 person from and for whom the vehicle was received and a signed
7-1 authorization for the work to be performed on the vehicle.
7-2 (b) The record required by Subsection (a) of this section
7-3 shall be kept in a convenient place and, along with the premises of
7-4 the licensed repair facility, may be inspected at any time by the
7-5 executive director or the executive director's designee.
7-6 SECTION 12. VIOLATIONS; PENALTY. (a) A repair facility
7-7 that fails to register as provided by this Act shall pay a civil
7-8 penalty of $250. The penalty shall be waived if the repair
7-9 facility files proper registration within 10 days after notice of
7-10 violation.
7-11 (b) A registrant who violates a provision of this Act may be
7-12 penalized by civil penalty not to exceed $100.
7-13 SECTION 13. EFFECTIVE DATE. This Act takes effect January
7-14 1, 1994.
7-15 SECTION 14. The importance of this legislation and the
7-16 crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended.