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By:  Madden                                                       H.B. No. 3090



A BILL TO BE ENTITLED

AN ACT

relating to administrative hearings held in matters regarding the 
regulation of motor vehicle inspection stations and inspectors
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 548.405, (c), Transportation Code, is 
amended to read as follows:
	(c)  If the department suspends a certificate because of a 
violation of Subchapter F, in which a vehicle is intentionally 
improperly passed for any required portion of the emissions test, 
the suspension must be for a period of not less than six months.  The 
suspension may not be probated or deferred.
	SECTION 2.  Sections 548.407 (g)and(l), Transportation 
Code, are amended to read as follows:
	(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 
days[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 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 may [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.
	SECTION 3.  Section 548.408, (a) Transportation Code, is 
amended to read as follows:
	(a)  A person dissatisfied with the final decision of the 
director may appeal the decision by filing a petition in district 
court in the county where the person resides or in Travis County. 
[as provided by Subchapter G, Chapter 2001, Government Code.]
	SECTION 3.  This Act takes effect September 1, 200