SRC-SEW H.B. 3071 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3071
By: Chisum (Shapiro)
State Affairs
5/11/2001
Engrossed


DIGEST AND PURPOSE 

It is  unclear whether current law provides for the suspension or
revocation of a certificate of a vehicle inspector if the inspector commits
a crime unrelated to inspections. In addition, current law does not address
a situation in which a family member of a person with a suspended or
revoked certificate seeks to continue that person's family business.
Current law is unclear as to which entities or persons involved in a
business are subject to the suspension or revocation of a certificate. H.B.
3071 strengthens law governing the suspension and revocation of
certificates of an inspector or inspection station owner and certain family
members of that person and clarifies which entities and individuals are
subject to a certificate suspension or revocation.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Public
Safety in SECTION 4 (Section 548.409, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 548G, Transportation Code, by adding Section
548.4035, as follows: 
 
Sec. 548.4035.  ENTRY ONTO PREMISES. Authorizes a member, employee, or
agent of the Department of Public Safety (department) to enter an
inspection station during normal business hours for certain purposes.  Sets
forth requirements regarding a member, employee, or agent of the department
who enters an inspection station for a purpose described by this section.
Provides that this section does not prohibit the department from conducting
an undercover investigation or a covert audit of an inspection station. 
 
SECTION 2.  Amends Section 548.405, Transportation Code, by adding
Subsections (e), (f), (g), (h), and (i), as follows: 

(e)  Prohibits an immediate family member of an inspector or owner of an
inspection station whose certificate is suspended or revoked from being
granted a certificate under this subchapter if the location of the family
member's place of business is the same as that of the inspector or owner
whose certificate is suspended or revoked unless the family member proves
that the inspector or owner whose certificate is suspended or revoked has
no involvement with the family member's place of business. 

  (f)  Provides that Subsection (a) applies to certain persons.
  
(g)  Prohibits the department from suspending, revoking, or denying all
certificates of a person who holds more than one inspection station
certificate based on a suspension, revocation, or denial of one of that
person's inspection station certificates without proof of culpability
related to a prior action under this subsection. 
 
(h)  Requires the department to develop, by September 1, 2002, a penalty
schedule  consisting of warnings, re-education, suspensions, and
revocations based on the severity and frequency of offenses committed under
Chapter 548, Transportation Code, and rules adopted by the department under
this chapter. 

(i)  Requires the department to develop, by September 1, 2002, a penalty
schedule consisting of suspensions and revocations based on the severity
and frequency of offenses committed in the emissions testing of motor
vehicles under Chapter 382.037, Health and Safety Code, and Chapter 548,
Subchapter F, Transportation Code. 
 
SECTION 3.  Amends Section 548.408, Transportation Code, by amending
Subsections (a), (c), and (f) and adding Subsection (g), as follows: 

(a)  Authorizes a person dissatisfied with the final decision (rather than
action) of the director to appeal the decision by filing a petition as
provided by Subchapter G, Chapter 2001, Government Code.  Deletes text
regarding a district court in the county a person resides or in Travis
County.  Deletes text requiring the petition to be filed not later than the
30th day after the date the action is taken. 

(c)   Requires the court in which the appeal is filed to determine whether
an   enforcement action of the director shall be suspended pending hearing
and enter an order for the suspension. 
 
  (f)  Makes a conforming change.

(g)  Provides that judicial review of the final decision of the director is
under the substantial evidence rule. 
 
SECTION 4.  Amends Chapter 548G, Transportation Code, by adding Section
548.409, as follows: 

Sec. 548.409.  COMPLAINTS.  Requires the department to adopt rules
regarding the efficient handling and investigation of complaints by
citizens, applicants, inspectors, and inspection stations against an
employee or agent of the department who is authorized to  investigate the
compliance of an inspection station or inspector regarding Subchapter F or
rules adopted under Subchapter F or this subchapter.  Requires the rule to
provide for a fair, expeditious, and equitable investigation and resolution
to complaints received by the department. 

SECTION 5.  Makes application of this Act prospective regarding an offense
committed on or after the effective date of this Act.  Provides that, for
the purposes of this section, an offense is committed before the effective
date of this Act if any element of the offense occurs before that date. 
 
SECTION 6.  Effective date:  September 1, 2001.