By Chisum H.B. No. 3071
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to matters regarding the regulation of motor vehicle
1-3 inspection stations and inspectors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter G, Chapter 548, Transportation Code, is
1-6 amended by adding Section 548.4035 to read as follows:
1-7 Sec. 548.4035. ENTRY ONTO PREMISES. (a) A member, employee,
1-8 or agent of the department may enter an inspection station during
1-9 normal business hours to conduct an investigation, inspection, or
1-10 audit of the inspection station or an inspector to determine
1-11 whether the inspection station or inspector is in compliance with:
1-12 (1) this chapter;
1-13 (2) department rules under this chapter; or
1-14 (3) Chapter 382, Health and Safety Code.
1-15 (b) A member, employee, or agent of the department who
1-16 enters an inspection station for a purpose described by Subsection
1-17 (a):
1-18 (1) shall notify the manager or person in charge of
1-19 the inspection station of the presence of the member, employee, or
1-20 agent;
1-21 (2) shall present the manager or person in charge of
1-22 the inspection station with proper credentials identifying the
1-23 member, employee, or agent as a member, employee, or agent of the
1-24 department; and
2-1 (3) is entitled to have access to emissions testing
2-2 equipment, inspection records, and any required inspection station
2-3 certificate or inspector certificate.
2-4 (c) A member, employee, or agent of the department who
2-5 enters an inspection station to conduct an investigation,
2-6 inspection, or audit under Subsection (a) must observe the
2-7 inspection station's rules relating to safety, security, and fire
2-8 protection.
2-9 (d) Subsection (b) does not prohibit the department from
2-10 conducting an undercover investigation or a covert audit of an
2-11 inspection station.
2-12 SECTION 2. Section 548.405, Transportation Code, is amended
2-13 by adding Subsections (e), (f), (g), (h), and (i) to read as
2-14 follows:
2-15 (e) An immediate family member of an inspector or owner of
2-16 an inspection station whose certificate is suspended or revoked may
2-17 not be granted a certificate under this subchapter if the location
2-18 of the family member's place of business is the same as that of the
2-19 inspector or owner whose certificate is suspended or revoked unless
2-20 the family member proves that the inspector or owner whose
2-21 certificate is suspended or revoked has no involvement with the
2-22 family member's place of business.
2-23 (f) Subsection (a) applies to:
2-24 (1) each member of a partnership or association issued
2-25 a certificate under this subchapter;
2-26 (2) each director or officer of a corporation issued a
2-27 certificate under this subchapter; and
3-1 (3) a shareholder who receives compensation from the
3-2 day-to-day operation of the corporation in the form of a salary.
3-3 (g) The department may not suspend, revoke, or deny all
3-4 certificates of a person who holds more than one inspection station
3-5 certificate based on a suspension, revocation, or denial of one of
3-6 that person's inspection station certificates without proof of
3-7 culpability related to a prior action under this subsection.
3-8 (h) The department shall develop, by September 1, 2002, a
3-9 penalty schedule consisting of warnings, re-education, suspensions,
3-10 and revocations based on the severity and frequency of offenses
3-11 committed under Chapter 548, Transportation Code, and rules adopted
3-12 by the department under this chapter.
3-13 (i) The department shall develop, by September 1, 2002, a
3-14 penalty schedule consisting of suspensions and revocations based on
3-15 the severity and frequency of offenses committed in the emissions
3-16 testing of motor vehicles under Chapter 382.037, Health and Safety
3-17 Code, and Chapter 548, Subchapter F, Transportation Code.
3-18 SECTION 3. Section 548.408, Transportation Code, is amended
3-19 by amending Subsections (a), (c), and (f) and adding Subsection (g)
3-20 to read as follows:
3-21 (a) A person dissatisfied with the final decision [action]
3-22 of the director may appeal the decision [action] by filing a
3-23 petition as provided by Subchapter G, Chapter 2001, Government Code
3-24 [in district court in the county where the person resides or in
3-25 Travis County. The petition must be filed not later than the 30th
3-26 day after the date the action is taken].
3-27 (c) The court in which the appeal is filed shall:
4-1 (1) set the matter for hearing after 10 days' written
4-2 notice to the director and the attorney representing the director;
4-3 and
4-4 (2) determine whether an enforcement action of the
4-5 director shall be suspended pending hearing and enter an order for
4-6 the suspension.
4-7 (f) A stay under this section may not be effective for more
4-8 than 90 days after the date the petition for appeal is filed. On
4-9 the expiration of the stay, the director's enforcement action shall
4-10 be reinstated or imposed. The department or court may not extend
4-11 the stay or grant an additional stay.
4-12 (g) Judicial review of the final decision of the director is
4-13 under the substantial evidence rule.
4-14 SECTION 4. Subchapter G, Chapter 548, Transportation Code,
4-15 is amended by adding Section 548.409 to read as follows:
4-16 Sec. 548.409. COMPLAINTS. (a) The department shall adopt
4-17 rules regarding the efficient handling and investigation of
4-18 complaints by citizens, applicants, inspectors, and inspection
4-19 stations against an employee or agent of the department who may
4-20 investigate the compliance of an inspection station or inspector
4-21 regarding Subchapter F or rules adopted under Subchapter F or this
4-22 subchapter.
4-23 (b) The rules must provide for a fair, expeditious, and
4-24 equitable investigation and resolution to complaints received by
4-25 the department.
4-26 SECTION 5. The change in law made by this Act applies only to
4-27 an offense committed on or after the effective date of this Act.
5-1 For the purposes of this section, an offense is committed before
5-2 the effective date of this Act if any element of the offense occurs
5-3 before that date.
5-4 SECTION 6. This Act takes effect September 1, 2001.