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A BILL TO BE ENTITLED
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AN ACT
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relating to the compulsory inspection of motor vehicles; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 548.3065, Transportation |
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Code, is amended to read as follows: |
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Sec. 548.3065. ADMINISTRATIVE AND CIVIL PENALTIES |
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[PENALTY]. |
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SECTION 2. Section 548.3065, Transportation Code, is |
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amended by amending Subsection (c) and adding Subsections (c-1), |
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(e), and (f) to read as follows: |
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(c) For purposes of Subsection (a) [Except as otherwise
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provided by this section], the procedures for determining and |
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administering an administrative penalty [under this section] |
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against a person charged with violating this chapter are the same as |
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those prescribed by Section 643.251 for determining and |
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administering an administrative penalty against a motor carrier |
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under that section. |
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(c-1) The Texas Commission on Environmental Quality may |
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impose an administrative penalty on a person in the amount of $500 |
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for each violation of this subchapter or a rule adopted by the |
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commission under this subchapter. |
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(e) An inspection station that violates a provision of this |
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chapter or a rule of the department issued under this chapter is |
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liable for a civil penalty of not less than $250 or more than $500 |
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for each violation. The district or county attorney for the county |
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in which the inspection station is located or the attorney general |
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may bring suit in the name of this state to collect the penalty. |
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(f) An inspector who violates a provision of this chapter or |
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a rule of the department issued under this chapter is liable for a |
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civil penalty of not less than $250 or more than $500 for each |
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violation. The district or county attorney for the county in which |
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the inspection station that employs the inspector is located or the |
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attorney general may bring suit in the name of this state to collect |
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the penalty. |
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SECTION 3. Sections 548.506 and 548.507, Transportation |
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Code, are amended to read as follows: |
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Sec. 548.506. FEE FOR CERTIFICATION AS INSPECTOR. An |
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applicant for certification as an inspector must submit with the |
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applicant's first application a fee of $250 [$10] for certification |
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until August 31 of the even-numbered year following the date of |
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certification. To be certified after August 31 of that year, the |
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applicant must pay $250 [$10] as a certificate fee for each |
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subsequent two-year period. |
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Sec. 548.507. FEE FOR CERTIFICATION AS INSPECTION STATION. |
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When an applicant for certification as an inspection station is |
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notified that the application will be approved, the applicant shall |
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pay a fee of $500 [$30] for certification until August 31 of the |
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odd-numbered year after the date of appointment. To be certified |
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after August 31 of that year, the applicant must pay a fee of $500 |
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[$30] for certification for each subsequent two-year period. |
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SECTION 4. Subchapter G, Chapter 548, Transportation Code, |
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is amended by adding Section 548.4045 to read as follows: |
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Sec. 548.4045. BOND REQUIRED. (a) An application for |
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certification as an inspection station or an inspector must be |
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accompanied by a surety bond in the amount of $500, payable to this |
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state and conditioned on the future compliance with this chapter |
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and rules adopted by the department or the Texas Commission on |
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Environmental Quality under this chapter. |
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(b) The attorney general or the district or county attorney |
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for the county in which the inspection station is located or in |
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which the inspection station that employs the inspector is located |
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may bring suit in the name of this state to recover on the bond. |
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SECTION 5. Section 548.601, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1) or as [Unless] |
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otherwise specified in this chapter, an offense under this section |
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is a Class C misdemeanor. |
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(b-1) An offense under Subsection (a)(1), (a)(5), or (a)(6) |
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is a Class A misdemeanor. |
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SECTION 6. (a) The change in law made by this Act to |
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Sections 548.3065 and 548.601, Transportation Code, applies only to |
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a violation or an offense committed by a vehicle inspection station |
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or a vehicle inspector on or after the effective date of this Act. A |
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violation or an offense committed by a vehicle inspection station |
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or a vehicle inspector before the effective date of this Act is |
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governed by the law in effect when the violation or offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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(b) The changes in law made by this Act in connection with an |
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application for certification as a vehicle inspection station or a |
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vehicle inspector apply only to an application for certification |
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that is filed on or after the effective date of this Act. An |
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application for certification as a vehicle inspection station or a |
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vehicle inspector that is filed before the effective date of this |
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Act is governed by the law in effect when the application was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2009. |