By Chisum                                             H.B. No. 3071
         77R8994 MTB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the certification of motor vehicle inspection stations
 1-3     and inspectors.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 548.405, Transportation Code, is amended
 1-6     by adding Subsections (e), (f), and (g) to read as follows:
 1-7           (e)  Notwithstanding Chapter 53, Occupations Code, the
 1-8     department may take action under Subsection (a)(7) regardless of
 1-9     whether the crime of which the inspector or owner was convicted
1-10     directly relates to or affects the person's duties or
1-11     responsibilities as an inspector or owner of an inspection station.
1-12           (f)  An immediate family member of an inspector or owner of
1-13     an inspection station whose certificate is suspended or revoked may
1-14     not be granted a certificate under this subchapter if the location
1-15     of the family member's place of business is the same as that of the
1-16     inspector or owner whose certificate is suspended or revoked unless
1-17     the family member proves that the inspector or owner whose
1-18     certificate is suspended or revoked has no involvement with the
1-19     family member's place of business.
1-20           (g)  Subsection (a) applies to:
1-21                 (1)  each member of a partnership or association issued
1-22     a certificate under this subchapter;
1-23                 (2)  each director or officer of a corporation issued a
1-24     certificate under this subchapter; and
 2-1                 (3)  a shareholder who owns at least 10 percent of the
 2-2     total of issued and outstanding shares of a corporation issued a
 2-3     certificate under this subchapter.
 2-4           SECTION 2. Section 548.408, Transportation Code, is amended
 2-5     by amending Subsections (a), (c), and (f) and adding Subsection (g)
 2-6     to read as follows:
 2-7           (a)  A person dissatisfied with the final decision [action]
 2-8     of the director may appeal the decision [action] by filing a
 2-9     petition as provided by Subchapter G, Chapter 2001, Government Code
2-10     [in district court in the county where the person resides or in
2-11     Travis County.  The petition must be filed not later than the 30th
2-12     day after the date the action is taken].
2-13           (c)  The court in which the appeal is filed shall:
2-14                 (1)  set the matter for hearing after 10 days' written
2-15     notice to the director and the attorney representing the director;
2-16     and
2-17                 (2)  determine whether an enforcement action of the
2-18     director shall be suspended pending hearing and enter an order for
2-19     the suspension.
2-20           (f)  A stay under this section may not be effective for more
2-21     than 90 days after the date the petition for appeal is filed.  On
2-22     the expiration of the stay, the director's enforcement action shall
2-23     be reinstated or imposed.  The department or court may not extend
2-24     the stay or grant an additional stay.
2-25           (g)  Judicial review of the final decision of the director is
2-26     under the substantial evidence rule.
2-27           SECTION 3. The change in law made by this Act applies only to
 3-1     an offense committed on or after the effective date of this Act.
 3-2     For the purposes of this section, an offense is committed before
 3-3     the effective date of this Act if any element of the offense occurs
 3-4     before that date.
 3-5           SECTION 4. This Act takes effect September 1, 2001.