78R5210 JTS-D
By: Madden H.B. No. 1374
A BILL TO BE ENTITLED
AN ACT
relating to safety and emissions inspections of motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.209, Health and Safety Code, is
amended by adding Subsection (i) to read as follows:
(i) A participating county that receives money for a program
under this section shall remit to the comptroller for deposit in the
Texas emissions reduction plan fund under Section 386.251 any money
not used for the program on the 91st day after the date the county
received the money. This subsection expires January 1, 2008.
SECTION 2. Section 501.0922, Transportation Code, is
amended to read as follows:
Sec. 501.0922. APPLICATION FOR REGULAR CERTIFICATE OF TITLE
FOR SALVAGE MOTOR VEHICLE. (a) A vehicle for which a salvage motor
vehicle certificate of title has been issued may be issued a regular
certificate of title only after application and, in addition to any
other requirement of law, only if the application:
(1) describes each major component part used to repair
the vehicle and shows the identification number required by federal
law to be affixed to or inscribed on the part; and
(2) is accompanied by a written statement on a form
provided by the Department of Public Safety and signed by an
inspector certified under Section 548.410 [a specially trained
commissioned officer of the Department of Public Safety] certifying
to the department that:
(A) the vehicle identification numbers and parts
identification numbers are accurate;
(B) the applicant has proof that the applicant
owns the parts used to repair the vehicle; and
(C) the vehicle may be safely operated and
complies with all applicable motor vehicle safety standards of this
state.
(b) An inspection station [The Department of Public Safety]
may impose a fee, in an amount not to exceed $25 [the lesser of $200
or the actual cost to that department], for conducting an
inspection and providing the written statement required by
Subsection (a).
(c) In addition to each requirement of Subsection (a), a
salvage motor vehicle may be issued a certificate of title under
this section only if the vehicle has passed a motor vehicle safety
inspection under Subchapter C, Chapter 548, and a motor vehicle
emissions inspection under Subchapter F of that chapter. The
written statement required by Subsection (a) must certify that the
vehicle has been inspected as required by Subchapters C and F,
Chapter 548. An application for a certificate of title under this
section must be accompanied by a copy of a vehicle inspection report
for the vehicle prepared by the inspector who conducted the motor
vehicle emissions inspection. This subsection expires January 1,
2008.
SECTION 3. Section 501.0923, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) On receipt of a complete application under Section
501.0922, accompanied by the [peace officer's] statement signed by
an inspector certified under Section 548.410 and the appropriate
fee for the certificate of title, the department shall issue the
applicant a certificate of title for the vehicle.
(c) In addition to each requirement of Subsection (a), a
salvage motor vehicle may be issued a certificate of title under
this section only if the vehicle has passed a motor vehicle safety
inspection under Subchapter C, Chapter 548, and a motor vehicle
emissions inspection under Subchapter F of that chapter. The
written statement required by Subsection (a) must certify that the
vehicle has been inspected as required by Subchapters C and F,
Chapter 548. An application for a certificate of title under this
section must be accompanied by a copy of a vehicle inspection report
for the vehicle prepared by the inspector who conducted the motor
vehicle emissions inspection. This subsection expires January 1,
2008.
SECTION 4. Section 501.0927, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) An inspection station [The Department of Public Safety]
may impose a fee, in an amount not to exceed $25 [the lesser of $200
or the actual cost to that department], for conducting an
inspection and providing the written statement required by
Subsection (a).
(d) In addition to each requirement under Subsection (a), a
salvage motor vehicle may be issued a certificate of title under
this section only if the vehicle has passed a motor vehicle safety
inspection under Subchapter C, Chapter 548, and a motor vehicle
emissions inspection under Subchapter F of that chapter. The
written statement required by Subsection (a) must certify that the
vehicle has been inspected under Subchapters C and F, Chapter 548.
An application for a certificate of title under this section must be
accompanied by a copy of a vehicle inspection report prepared by the
inspector who conducted the motor vehicle emissions inspection.
This subsection expires January 1, 2008.
SECTION 5. Section 548.001, Transportation Code, is amended
by amending Subdivision (3) and adding Subdivision (10) to read as
follows:
(3) "Conservation commission" means the Texas
[Natural Resource Conservation] Commission on Environmental
Quality.
(10) "Salvage motor vehicle" has the meaning assigned
by Section 501.0911.
SECTION 6. Subchapter A, Chapter 548, Transportation Code,
is amended by adding Section 548.007 to read as follows:
Sec. 548.007. AUTOMATION OF INSPECTION PROCEDURES. (a) The
comptroller, the department, the Texas Department of
Transportation, and the conservation commission shall jointly
develop and administer procedures to automate the compulsory motor
vehicle inspection program established by this chapter.
(b) The department may require an inspection station to
participate in the automated inspection system as a condition of
certification as an inspection station under Subchapter G. The
department may not require an inspection station that conducts
fewer than 75 inspections each month to adopt the automated
inspection system as a condition of certification as an inspection
station.
(c) The automated inspection system must, at a minimum:
(1) use a secure Internet-based website for the
transfer of data related to the inspection of safety and emissions
components;
(2) include two forms of password protection for each
inspector who accesses the system;
(3) be capable of monitoring data and initiating
audits by the department when the data indicates unusual or
suspicious inspection activity; and
(4) provide for secure, encrypted monetary
transactions for the collection of fees by the inspection station,
department, or other state agency.
(d) An automated inspection system inspection station
computer must:
(1) have software-driven security and encryption;
(2) use generic hardware that is locally available;
(3) be equipped with:
(A) a bar code scanner capable of scanning
vehicle identification and vehicle registration information; and
(B) a printer for printing an inspection report
prepared in connection with a motor vehicle emissions inspection;
and
(4) be capable of interfacing with:
(A) a credit card or debit card scanning device;
(B) hardware designed to read the onboard
diagnostic system computer on a vehicle of model year 1996 or later;
and
(C) automated fuel cap testing equipment.
(e) Not later than January 1, 2006, the automated inspection
system and vehicle inspection database used in a county required to
have a vehicle emissions inspection and maintenance program under
Subchapter F must comply with this section.
(f) This section expires January 1, 2008.
SECTION 7. Section 548.051, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (c), (d), and (e)
to read as follows:
(a) A motor vehicle, trailer, semitrailer, pole trailer, or
mobile home, registered in this state, must have the following
items inspected at an inspection station or by an inspector:
(1) tires;
(2) wheel assembly;
(3) safety guards or flaps, if required by Section
547.606;
(4) brake system, including power brake unit;
(5) steering system, including power steering;
(6) lighting equipment;
(7) horns and warning devices;
(8) mirrors;
(9) windshield wipers;
(10) sunscreening devices, unless the vehicle is
exempt from sunscreen device restrictions under Section 547.613;
(11) front seat belts in vehicles on which seat belt
anchorages were part of the manufacturer's original equipment;
(12) tax decal, if required by Section 548.104(d)(1);
(13) exhaust system;
(14) exhaust emission system;
(15) fuel tank cap on a diesel-powered or
gasoline-powered motor vehicle, using pressurized testing
equipment approved by department rule; [and]
(16) emissions control equipment as designated by
department rule; and
(17) windshield, for cracks or defects that impair the
driver's ability to safely operate the motor vehicle.
(c) In addition to each item required to be inspected by
Subsection (a), a diesel-powered motor vehicle or mobile home
registered in this state must have the following items inspected
for presence and tampering:
(1) on-board diagnostic malfunction indicator light
on a vehicle of model year 1996 or later;
(2) glow plug system and circuitry, including
operation of the glow plug indicator lamp or lamps;
(3) exhaust aftertreatment device, for perforating
rust, cracks, holes, tears, or other physical defects;
(4) puff limiter;
(5) exhaust gas recirculation system;
(6) catalytic converter;
(7) particulate trap;
(8) trap oxidizer;
(9) speed governor; and
(10) any other item related to motor vehicle emissions
as determined by the department or the conservation commission.
(d) Each item listed in Subsection (c) must be inspected
regardless of whether the item was installed by the vehicle
manufacturer or the engine manufacturer or was retrofitted.
(e) This subsection and Subsections (c) and (d) expire
January 1, 2008.
SECTION 8. Section 548.201, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) An inspection program established under Subsection (a)
must require a commercial motor vehicle registered in this state to
pass an annual inspection of the emissions control components
listed in Section 548.051(c). This subsection expires January 1,
2008.
SECTION 9. Section 548.203, Transportation Code, is amended
to read as follows:
Sec. 548.203. EXEMPTIONS. The commission by rule may
exempt a type of commercial motor vehicle from the application of
this subchapter if the vehicle:
(1) [was manufactured before September 1, 1995;
[(2)] is operated only temporarily on a highway of this
state and at a speed of less than 30 miles per hour; and
(2) [(3)] complies with Section 548.051 and each
applicable provision in Title 49, Code of Federal Regulations.
SECTION 10. Sections 548.405(a), (b), (c), (e), (f), and
(h), Transportation Code, are amended to read as follows:
(a) The department may deny a person's application for a
certificate, revoke or suspend the certificate of a person,
inspection station, or inspector, place on probation a person who
holds a suspended certificate, or reprimand a person who holds a
certificate if:
(1) [the station or inspector conducts an inspection,
fails to conduct an inspection, or issues a certificate:
[(A) in violation of this chapter or a rule
adopted under this chapter; or
[(B) without complying with the requirements of
this chapter or a rule adopted under this chapter;
[(2) the person, station, or inspector commits an
offense under this chapter or violates this chapter or a rule
adopted under this chapter;
[(3)] the applicant or certificate holder does not
meet the standards for certification under this chapter or a rule
adopted under this chapter;
(2) [(4)] the station or inspector does not maintain
the qualifications for certification or does not comply with a
certification requirement under this subchapter or a provision of
Subchapter G, Chapter 382, Health and Safety Code;
(3) [(5) the certificate holder or the certificate
holder's agent, employee, or representative commits an act or
omission that would cause denial, revocation, or suspension of a
certificate to an individual applicant or certificate holder;
[(6)] the station or inspector does not pay a fee
required by Subchapter H; or
(4) [(7)] the [inspector or] owner of an inspection
station is convicted of [a]:
(A) a felony, [or] Class A or Class B
misdemeanor, or two Class C misdemeanors;
(B) a similar crime under the jurisdiction of
another state or the federal government that is punishable to the
same extent as a felony or a Class A or Class B misdemeanor in this
state; [or]
(C) a crime under the jurisdiction of another
state or the federal government that would be a felony or a Class A
or Class B misdemeanor if the crime were committed in this state; or
(D) two crimes under the jurisdiction of another
state or the federal government that are punishable to the same
extent as a Class C misdemeanor in this state.
(b) For purposes of Subsection (a)(4) [(a)(7)], a person is
convicted of an offense if a court enters against the person an
adjudication of the person's guilt, including an order of probation
or deferred adjudication.
(c) If the department suspends a certificate because of a
violation of Subchapter F in which an inspector knowingly uses an
exhaust emissions sample or diagnostic connector from one vehicle
in issuing an inspection certificate for another vehicle, the
suspension must be for a period of not less than six months. The
suspension may not be probated or deferred.
(e) An immediate family member of an inspector or owner of
an inspection station whose certificate is suspended or revoked who
operates from the same place of business as the inspector or owner
whose certification is suspended or revoked may [not] be granted a
certificate under this subchapter only if the department finds that
[the location of the family member's place of business is the same
as that of the inspector or owner whose certificate is suspended or
revoked unless] the immediate family member:
(1) was not complicit in the circumstances that
resulted in the suspension or revocation; and
(2) is in compliance with department rules [proves
that the inspector or owner whose certificate is suspended or
revoked has no involvement with the family member's place of
business].
(f) Subsection (a) applies only to an applicant or
certificate holder in the applicant's or holder's individual
capacity. The department shall verify to the secretary of state the
official positions of:
(1) each member of a partnership or association issued
a certificate under this subchapter;
(2) each director or officer of a corporation issued a
certificate under this subchapter; and
(3) a shareholder who receives compensation from the
day-to-day operation of the corporation in the form of a salary.
(h) The department shall develop, not later than [by]
September 1, 2004 [2002], a penalty schedule for an inspector or
inspection station that violates a provision of this chapter or
Subchapter G, Chapter 382, Health and Safety Code, that:
(1) consists [consisting] of:
(A) citations;
(B) warnings;[,]
(C) re-education;[,]
(D) suspensions;[,] and
(E) revocations; and
(2) is based on the severity and frequency of offenses
committed under this chapter and Subchapter G, Chapter 382, Health
and Safety Code [Chapter 548, Transportation Code], and rules
adopted by the department under those provisions [this chapter].
SECTION 11. Section 548.407, Transportation Code, is
amended by amending Subsections (d), (e), (g), and (l) and adding
Subsection (m) to read as follows:
(d) The department may provide that a revocation or
suspension takes effect on receipt of notice under Subsection (b)
if the inspector or the owner of the inspection station is convicted
[the department finds that the action is necessary to prevent or
remedy a threat to public health, safety, or welfare. Violations
that present a threat to public health, safety, or welfare include:
[(1) issuing an inspection certificate with knowledge
that the issuance is in violation of this chapter or rules adopted
under this chapter;
[(2) falsely or fraudulently representing to the owner
or operator of a vehicle that equipment inspected or required to be
inspected must be repaired, adjusted, or replaced for the vehicle
to pass an inspection;
[(3) issuing an inspection certificate:
[(A) without authorization to issue the
certificate; or
[(B) without inspecting the vehicle;
[(4) issuing an inspection certificate for a vehicle
with knowledge that the vehicle has not been repaired, adjusted, or
corrected after an inspection has shown a repair, adjustment, or
correction to be necessary;
[(5) knowingly issuing an inspection certificate:
[(A) for a vehicle without conducting an
inspection of each item required to be inspected; or
[(B) for a vehicle that is missing an item
required to be inspected or that has an item required to be
inspected that is not in compliance with state law or department
rules;
[(6) refusing to allow a vehicle's owner to have a
qualified person of the owner's choice make a required repair,
adjustment, or correction;
[(7) charging for an inspection an amount greater than
the authorized fee;
[(8) a violation of Subchapter F;
[(9) a violation of Section 548.603; or
[(10) a conviction] of a felony or a Class A or B
misdemeanor that directly relates to or affects the duties or
responsibilities of a vehicle inspection station or inspector or a
conviction of a similar crime under the jurisdiction of another
state or the federal government.
(e) For purposes of Subsection (d)[(10)], a person is
convicted of an offense if a court enters against the person an
adjudication of the person's guilt, including an order of probation
or deferred adjudication.
(g) If the director receives a timely request under
Subsection (f), the director shall provide the person with an
opportunity for a hearing as soon as practicable. A hearing on a
revocation or suspension under Subsection (d) that takes effect on
receipt of the notice must be held not later than three working [14]
days after the department receives the request for hearing. The
revocation or suspension continues in effect until the hearing is
completed if the hearing is continued beyond the three-working-day
[14-day] period[:
[(1)] at the request of the inspector or inspection
station[; or
[(2) on a finding of good cause by a judge,
administrative law judge, or hearing officer].
(l) If an administrative law judge of the State Office of
Administrative Hearings conducts a hearing under this section and
the proposal for decision supports the position of the department,
the proposal for decision may recommend a denial of an application
or a revocation or suspension of a certificate [only]. The proposal
may also [not] recommend a reprimand or a probated or otherwise
deferred disposition of the denial, revocation, or suspension. If
the administrative law judge makes a proposal for a decision to deny
an application or to suspend or revoke a certificate, the
administrative law judge shall include in the proposal a finding of
the costs, fees, expenses, and reasonable and necessary attorney's
fees the state incurred in bringing the proceeding. The director
may adopt the finding for costs, fees, and expenses and make the
finding a part of the final order entered in the proceeding.
Proceeds collected from a finding made under this subsection shall
be paid to the department.
(m) If a proposal for decision under Subsection (l) does not
recommend the denial of an application or the revocation or
suspension of a certificate, the director may not deny the
application or revoke or suspend the certificate.
SECTION 12. Subchapter G, Chapter 548, Transportation Code,
is amended by adding Section 548.410 to read as follows:
Sec. 548.410. SALVAGE MOTOR VEHICLE INSPECTORS AND
INSPECTION STATIONS. (a) The department by rule shall adopt
standards for the certification of inspectors and inspection
stations as salvage motor vehicle inspectors and salvage motor
vehicle inspection stations. Rules adopted under this section must
require an applicant for certification as a salvage motor vehicle
inspector or inspection station to:
(1) apply for certification on a form prescribed by
the department; and
(2) pay the fee required by Section 548.508.
(b) To be certified as a salvage motor vehicle inspection
station an inspection station must have a vehicle lift or floor pit
that allows a thorough inspection of the bottom of the vehicle.
SECTION 13. Section 548.501, Transportation Code, is
amended by adding Subsections (a-1), (c), and (d) to read as
follows:
(a-1) Notwithstanding Subsection (a), the fee for inspection
of a diesel-powered motor vehicle is $17.50. This subsection
expires January 1, 2008.
(c) In addition to each fee under Subsection (a), an
inspection station may charge a fee not to exceed the amount prepaid
to the department for an inspection certificate under this section.
(d) In addition to each payment for an inspection
certificate required by Subsection (b), an inspection station shall
pay to the department 25 cents to be used only for the development
and administration of the automated inspection system under Section
548.007. If the department requires advance payment of the fee
under Subsection (b), the payment under this subsection shall be an
advance payment. This subsection expires on the earlier of:
(1) the date the automated inspection system is
operational; or
(2) January 1, 2008.
SECTION 14. Subchapter H, Chapter 548, Transportation Code,
is amended by adding Section 548.5015 to read as follows:
Sec. 548.5015. SIGNS DESCRIBING INSPECTION FEES. (a) An
owner of an inspection station shall prominently display one or
more signs in a conspicuous location inside the station that
clearly state:
(1) the fee for an inspection certificate;
(2) the amount of the fee for inspecting each
classification of motor vehicle;
(3) that the amount of a fee for a motor vehicle
inspection is the same regardless of whether the vehicle passes the
inspection;
(4) the amount of each fee imposed in connection with
the inspection of a vehicle that does not display an unexpired
inspection sticker; and
(5) that an additional fee will not be imposed for a
necessary reinspection of a motor vehicle that is performed before
the 16th day after the date of an initial inspection.
(b) An inspection station in a county that has a motor
vehicle emissions inspection and maintenance program under
Subchapter F shall prominently display:
(1) one or more signs stating the amount of the fee for
a motor vehicle emissions inspection; and
(2) if the station is located in a county required to
have a motor vehicle emissions inspection and maintenance program,
one or more signs that read "Emissions inspections conducted at
this station are required by the federal Clean Air Act (42 U.S.C.
Section 7401 et seq.)."
SECTION 15. Section 548.502, Transportation Code, is
amended to read as follows:
Sec. 548.502. INSPECTION BY POLITICAL SUBDIVISION OR STATE
AGENCY. (a) A political subdivision or state agency for which the
department certifies an inspection station under Section 548.004:
(1) shall pay to the department an advance payment of
$5.50 for each inspection certificate provided to it; and
(2) may not be required to pay the compulsory
inspection fee.
(b) In addition to each payment for an inspection
certificate under Subsection (a), a political subdivision shall pay
to the department an advance payment of 25 cents to be used only for
the development and administration of the automated inspection
system under Section 548.007. This subsection expires on the
earlier of:
(1) the date the automated inspection system is
operational; or
(2) January 1, 2008.
SECTION 16. Section 548.503, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) In addition to each payment for an inspection
certificate under Subsection (b), the inspection station shall pay
to the department 25 cents to be used only for the development and
administration of the automated inspection system under Section
548.007. This subsection expires on the earlier of:
(1) the date the automated inspection system is
operational; or
(2) January 1, 2008.
SECTION 17. Section 548.5055, Transportation Code, is
amended to read as follows:
Sec. 548.5055. TEXAS EMISSION REDUCTION PLAN FEES [FEE].
(a) In addition to other fees required by this subchapter, the
following fees are imposed and shall be remitted to the comptroller
for deposit to the credit of the Texas emissions reduction plan fund
under Section 386.251, Health and Safety Code:
(1) $200 on the inspection of a salvage motor vehicle;
(2) $60 on the initial inspection of a motor vehicle
brought into this state under Section 548.101;
(3) $60 on the initial inspection of a motor vehicle to
which Section 548.102 applies;
(4) $60 on the initial inspection of a commercial
motor vehicle under Subchapter D;
(5) $32 on an inspection under Subchapter D of a motor
vehicle with a gross weight rating over 6,000 pounds; and
(6) $27 on an inspection of a diesel-powered motor
vehicle under Section 548.101 or 548.102 [to fund the Texas
emissions reduction plan established under Chapter 386, Health and
Safety Code, the department shall collect for every commercial
motor vehicle required to be inspected under Subchapter D, a fee of
$10].
(b) The entity collecting fees under Subsection (a) or (d)
[The department] shall remit the fees collected [under this
section] to the comptroller on Tuesday of each week [at the time and
in the manner prescribed by the comptroller] for deposit to the
credit of [in] the Texas emissions [emission] reduction plan fund
under Section 386.251, Health and Safety Code.
(c) Except as provided by Subsection (d), a fee under this
section shall be paid at the time of the inspection. A fee paid at
an inspection station may be paid:
(1) through the automated inspection system under
Section 548.007, if available; or
(2) to the inspection station.
(d) A fee under Subsection (a) may be collected:
(1) by the Texas Department of Transportation at the
time of registration, if the fee is imposed by Subsection (a)(1); or
(2) by the seller of the vehicle at the time the
vehicle is sold, if the fee is imposed by Subsection (a)(3).
(e) A convenience fee not to exceed three percent of a
transaction may be charged by an inspection station for a fee
required by this section that is paid by credit or debit card.
(f) A person who is an officer, enlisted person, selectee,
or draftee of the armed forces of the United States or a reserve
component of the armed forces of the United States or a dependent of
an officer, enlisted person, selectee, or draftee of the armed
forces of the United States or a reserve component of the armed
forces of the United States is exempt from a fee imposed by this
section.
(g) If in any fiscal year the amount received by the
comptroller from the fees authorized by this section exceeds $130
million, the comptroller shall deposit the excess to the credit of
the Texas Mobility Fund.
(h) This section expires January 1 [August 31], 2008.
SECTION 18. Subchapter H, Chapter 548, Transportation Code,
is amended by adding Sections 548.508 and 548.509 to read as
follows:
Sec. 548.508. FEE FOR CERTIFICATION AS SALVAGE MOTOR
VEHICLE INSPECTOR OR INSPECTION STATION. In addition to each fee
required by Section 548.506 or 548.507:
(1) an applicant for certification as a salvage motor
vehicle inspector shall pay a fee of $10; and
(2) an applicant for certification as a salvage motor
vehicle inspection station shall pay a fee of $30.
Sec. 548.509. FEES FOR INSPECTION OF VEHICLE NOT DISPLAYING
UNEXPIRED CERTIFICATE. (a) An inspection station or inspector
shall collect a late fee of:
(1) $5 if the vehicle's inspection certificate has
been expired for more than 30 days but less than 60 days; and
(2) an additional fee, not to exceed $50, that is
equal to $5 for each month or portion of a month after 60 days that
the vehicle's inspection certificate has been expired.
(b) An inspection station shall remit to the comptroller for
deposit to the credit of the Texas emissions reduction plan fund
under Section 386.251, Health and Safety Code:
(1) 60 percent of each fee collected under Subsection
(a)(1); and
(2) 90 percent of each fee collected under Subsection
(a)(2).
(c) If the vehicle does not have a sticker affixed to the
vehicle evidencing the date of the vehicle's most recent
inspection, an inspection station may determine the date of the
vehicle's last inspection:
(1) by accessing the information through the vehicle
inspection database if the inspection station is located and the
vehicle was most recently inspected in a county that has a vehicle
emissions inspection and maintenance program under Subchapter F; or
(2) using other evidence provided by the vehicle owner
or operator.
(d) If evidence of a previous inspection does not exist and
the vehicle is currently or has been previously registered in this
state, the inspection station shall collect a late fee of $10.
(e) The inspection station shall remit each fee collected
under this section to the comptroller on each Tuesday for deposit to
the credit of the Texas emissions reduction plan fund under Section
386.251, Health and Safety Code.
(f) A convenience fee not to exceed three percent of a
transaction may be charged by the inspection station for a fee
required by this section that is paid by credit or debit card.
(g) This section expires January 1, 2008.
SECTION 19. Section 548.605(b), Transportation Code, is
amended to read as follows:
(b) The court shall:
(1) dismiss a charge of driving with an expired
inspection certificate under Section 548.602 if:
(A) the defendant remedies the defect within 10
working days; and
(B) the inspection certificate has not been
expired for more than 30 [60] days; and
(2) assess an administrative fee not to exceed $10
when the charge of driving with an expired inspection certificate
has been remedied.
SECTION 20. Subchapter I, Chapter 548, Transportation Code,
is amended by adding Section 548.606 to read as follows:
Sec. 548.606. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
director may bring an action for injunctive relief to restrain a
violation by a person that appears to be in violation of this
chapter or a rule adopted under this chapter.
(b) An action filed under this section must be filed in a
district court in Travis County.
(c) The department may recover reasonable expenses incurred
in obtaining injunctive relief under this section, including:
(1) court costs;
(2) reasonable attorney's fees;
(3) investigative costs;
(4) witness fees; and
(5) deposition expenses.
(d) Before bringing an action under Subsection (a), the
department must issue written notice to the person, describing the
violation and allowing the person seven days to correct the
violation.
SECTION 21. The following provisions of the Transportation
Code are repealed:
(1) Sections 548.256(c) and (d);
(2) Section 548.405(i); and
(3) Section 548.605(a).
SECTION 22. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.