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A BILL TO BE ENTITLED
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AN ACT
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relating to the administrative consequences of certain conduct |
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committed by a holder of a motor vehicle inspection station |
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certificate or an inspector certificate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 548.405, Transportation Code, is amended |
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by amending Subsections (h) and (i) and adding Subsections (j) and |
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(k) to read as follows: |
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(h) The department shall develop[, by September 1, 2002,] a |
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penalty schedule consisting of warnings, re-education, |
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administrative penalties, suspensions, and revocations based on |
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the severity and frequency of offenses committed under this chapter |
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[Chapter 548, Transportation Code,] and rules adopted by the |
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department under this chapter. |
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(i) The department shall develop[, by September 1, 2002,] a |
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penalty schedule consisting of administrative penalties, |
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suspensions, and revocations based on the severity and frequency of |
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offenses committed in the emissions testing of motor vehicles under |
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Section 382.202, Health and Safety Code, and Chapter 548, |
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Subchapter F, of this code. |
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(j) As an alternative to the suspension or revocation of the |
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certificate of a person, inspection station, or inspector under |
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this section, the department may impose an administrative penalty |
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on the person, inspection station, or inspector. |
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(k) The amount of an administrative penalty imposed under |
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Subsection (j) may not exceed $1,000 for each act that constitutes |
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grounds for imposition of the penalty. A separate penalty may be |
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imposed for each day that an act that constitutes grounds for |
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imposition of the penalty continues. The aggregate amount of |
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separate penalties on a person, inspection station, or inspector |
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may not exceed $10,000. |
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SECTION 2. The Texas Department of Public Safety shall |
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develop the penalty schedules required by Sections 548.405(h) and |
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(i), Transportation Code, as amended by this Act, not later than |
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October 1, 2009. |
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SECTION 3. Section 548.405, Transportation Code, as amended |
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by this Act, applies only to the suspension or revocation of the |
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certificate of a person, inspection station, or inspector under |
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that section, or the imposition of an administrative penalty on |
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that person, inspection station, or inspector, for conduct |
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committed on or after the effective date of this Act. A revocation |
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or suspension of an inspection station certificate or an inspector |
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certificate for conduct committed before the effective date of this |
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Act is covered by the law in effect on the date the conduct 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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SECTION 4. This Act takes effect September 1, 2009. |