1-1 By: Chisum (Senate Sponsor - Shapiro) H.B. No. 3071
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on State
1-4 Affairs; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to matters regarding the regulation of motor vehicle
1-9 inspection stations and inspectors.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter G, Chapter 548, Transportation Code, is
1-12 amended by adding Section 548.4035 to read as follows:
1-13 Sec. 548.4035. ENTRY ONTO PREMISES. (a) A member, employee,
1-14 or agent of the department may enter an inspection station during
1-15 normal business hours to conduct an investigation, inspection, or
1-16 audit of the inspection station or an inspector to determine
1-17 whether the inspection station or inspector is in compliance with:
1-18 (1) this chapter;
1-19 (2) department rules under this chapter; or
1-20 (3) Chapter 382, Health and Safety Code.
1-21 (b) A member, employee, or agent of the department who
1-22 enters an inspection station for a purpose described by Subsection
1-23 (a):
1-24 (1) shall notify the manager or person in charge of
1-25 the inspection station of the presence of the member, employee, or
1-26 agent;
1-27 (2) shall present the manager or person in charge of
1-28 the inspection station with proper credentials identifying the
1-29 member, employee, or agent as a member, employee, or agent of the
1-30 department; and
1-31 (3) is entitled to have access to emissions testing
1-32 equipment, inspection records, and any required inspection station
1-33 certificate or inspector certificate.
1-34 (c) A member, employee, or agent of the department who
1-35 enters an inspection station to conduct an investigation,
1-36 inspection, or audit under Subsection (a) must observe the
1-37 inspection station's rules relating to safety, security, and fire
1-38 protection.
1-39 (d) Subsection (b) does not prohibit the department from
1-40 conducting an undercover investigation or a covert audit of an
1-41 inspection station.
1-42 SECTION 2. Section 548.405, Transportation Code, is amended
1-43 by adding Subsections (e), (f), (g), (h), and (i) to read as
1-44 follows:
1-45 (e) An immediate family member of an inspector or owner of
1-46 an inspection station whose certificate is suspended or revoked may
1-47 not be granted a certificate under this subchapter if the location
1-48 of the family member's place of business is the same as that of the
1-49 inspector or owner whose certificate is suspended or revoked unless
1-50 the family member proves that the inspector or owner whose
1-51 certificate is suspended or revoked has no involvement with the
1-52 family member's place of business.
1-53 (f) Subsection (a) applies to:
1-54 (1) each member of a partnership or association issued
1-55 a certificate under this subchapter;
1-56 (2) each director or officer of a corporation issued a
1-57 certificate under this subchapter; and
1-58 (3) a shareholder who receives compensation from the
1-59 day-to-day operation of the corporation in the form of a salary.
1-60 (g) The department may not suspend, revoke, or deny all
1-61 certificates of a person who holds more than one inspection station
1-62 certificate based on a suspension, revocation, or denial of one of
1-63 that person's inspection station certificates without proof of
1-64 culpability related to a prior action under this subsection.
2-1 (h) The department shall develop, by September 1, 2002, a
2-2 penalty schedule consisting of warnings, re-education, suspensions,
2-3 and revocations based on the severity and frequency of offenses
2-4 committed under Chapter 548, Transportation Code, and rules adopted
2-5 by the department under this chapter.
2-6 (i) The department shall develop, by September 1, 2002, a
2-7 penalty schedule consisting of suspensions and revocations based on
2-8 the severity and frequency of offenses committed in the emissions
2-9 testing of motor vehicles under Chapter 382.037, Health and Safety
2-10 Code, and Chapter 548, Subchapter F, Transportation Code.
2-11 SECTION 3. Section 548.408, Transportation Code, is amended
2-12 by amending Subsections (a), (c), and (f) and adding Subsection (g)
2-13 to read as follows:
2-14 (a) A person dissatisfied with the final decision [action]
2-15 of the director may appeal the decision [action] by filing a
2-16 petition as provided by Subchapter G, Chapter 2001, Government Code
2-17 [in district court in the county where the person resides or in
2-18 Travis County. The petition must be filed not later than the 30th
2-19 day after the date the action is taken].
2-20 (c) The court in which the appeal is filed shall:
2-21 (1) set the matter for hearing after 10 days' written
2-22 notice to the director and the attorney representing the director;
2-23 and
2-24 (2) determine whether an enforcement action of the
2-25 director shall be suspended pending hearing and enter an order for
2-26 the suspension.
2-27 (f) A stay under this section may not be effective for more
2-28 than 90 days after the date the petition for appeal is filed. On
2-29 the expiration of the stay, the director's enforcement action shall
2-30 be reinstated or imposed. The department or court may not extend
2-31 the stay or grant an additional stay.
2-32 (g) Judicial review of the final decision of the director is
2-33 under the substantial evidence rule.
2-34 SECTION 4. Subchapter G, Chapter 548, Transportation Code,
2-35 is amended by adding Section 548.409 to read as follows:
2-36 Sec. 548.409. COMPLAINTS. (a) The department shall adopt
2-37 rules regarding the efficient handling and investigation of
2-38 complaints by citizens, applicants, inspectors, and inspection
2-39 stations against an employee or agent of the department who may
2-40 investigate the compliance of an inspection station or inspector
2-41 regarding Subchapter F or rules adopted under Subchapter F or this
2-42 subchapter.
2-43 (b) The rules must provide for a fair, expeditious, and
2-44 equitable investigation and resolution to complaints received by
2-45 the department.
2-46 SECTION 5. The change in law made by this Act applies only to
2-47 an offense committed on or after the effective date of this Act.
2-48 For the purposes of this section, an offense is committed before
2-49 the effective date of this Act if any element of the offense occurs
2-50 before that date.
2-51 SECTION 6. This Act takes effect September 1, 2001.
2-52 * * * * *