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.