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A BILL TO BE ENTITLED
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AN ACT
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relating to the denial, suspension, or revocation of a motor |
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vehicle inspection station certificate or an inspector |
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certificate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 548.405(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) The department: |
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(1) may deny a person's application for a certificate, |
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revoke or suspend the certificate of a person, inspection station, |
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or inspector, place on probation a person who holds a suspended |
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certificate, or reprimand a person who holds a certificate if: |
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(A) [(1)] the station or inspector conducts an |
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inspection, fails to conduct an inspection, or issues a |
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certificate: |
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(i) [(A)] in violation of this chapter or a |
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rule adopted under this chapter; or |
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(ii) [(B)] without complying with the |
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requirements of this chapter or a rule adopted under this chapter; |
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(B) [(2)] the person, station, or inspector |
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commits an offense under this chapter or violates this chapter or a |
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rule adopted under this chapter; |
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(C) [(3)] the applicant or certificate holder |
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does not meet the standards for certification under this chapter or |
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a rule adopted under this chapter; |
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(D) [(4)] the station or inspector does not |
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maintain the qualifications for certification or does not comply |
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with a certification requirement under Subchapter G; |
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(E) [(5)] the certificate holder or the |
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certificate holder's agent, employee, or representative commits an |
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act or omission that would cause denial, revocation, or suspension |
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of a certificate to an individual applicant or certificate holder; |
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(F) [(6)] the station or inspector does not pay a |
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fee required by Subchapter H; or |
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(G) [(7)] the inspector or owner of an inspection |
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station is convicted of a: |
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(i) [(A) felony or] Class A or Class B |
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misdemeanor; |
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(ii) [(B)] similar crime under the |
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jurisdiction of another state or the federal government that is |
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punishable to the same extent as a [felony or a] Class A or Class B |
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misdemeanor in this state; or |
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(iii) [(C)] crime under the jurisdiction of |
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another state or the federal government that would be a [felony or
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a] Class A or Class B misdemeanor if the crime were committed in |
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this state; and |
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(2) shall: |
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(A) deny a person's application for an inspection |
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station certificate or revoke an inspection station certificate if |
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the applicant, the certificate holder, or the owner of the |
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inspection station is convicted of a felony under the laws of this |
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state, another state, or the United States; or |
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(B) deny a person's application for an inspector |
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certificate or revoke an inspector certificate if the applicant or |
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certificate holder is convicted of a felony under the laws of this |
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state, another state, or the United States. |
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(b) For purposes of Subsections (a)(1)(G) and (a)(2) |
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[Subsection (a)(7)], a person is convicted of an offense if a court |
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enters against the person an adjudication of the person's guilt, |
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including an order of probation or deferred adjudication. |
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SECTION 2. The changes in law made by this Act to Section |
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548.405, Transportation Code, that relate to an applicant for an |
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inspection station certificate or an inspector certificate, apply |
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only to an applicant who files an application on or after the |
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effective date of this Act. An applicant for an inspection station |
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certificate or an inspector certificate who filed an application |
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before the effective date of this Act is covered by the law in |
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effect on the date the application was filed and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |