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.