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A BILL TO BE ENTITLED
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AN ACT
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relating to the administrative and criminal consequences of certain |
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conduct committed by an applicant for or a holder of a motor vehicle |
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inspection station 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 (a) and (c) and adding Subsection (a-1) to |
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read as follows: |
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(a) The department may deny a person's application for a |
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certificate, revoke or suspend the certificate of a person, |
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inspection station, or inspector, place on probation a person who |
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holds a suspended certificate, or reprimand a person who holds a |
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certificate if: |
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(1) the station or inspector knowingly and |
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intentionally conducts an inspection, fails to conduct an |
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inspection, or issues a certificate: |
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(A) in violation of this chapter or a rule |
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adopted under this chapter; or |
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(B) without complying with the requirements of |
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this chapter or a rule adopted under this chapter; |
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(2) the person, station, or inspector commits an |
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offense under this chapter or violates this chapter or a rule |
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adopted under this chapter; |
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(3) the applicant or certificate holder does not meet |
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the standards for certification under this chapter or a rule |
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adopted under this chapter; |
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(4) the station or inspector does not maintain the |
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qualifications for certification or does not comply with a |
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certification requirement under Subchapter G; |
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(5) the certificate holder or the certificate holder's |
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agent, employee, or representative commits an act or omission that |
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would cause denial, revocation, or suspension of a certificate to |
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an individual applicant or certificate holder; |
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(6) the station or inspector does not pay a fee |
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required by Subchapter H; or |
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(7) the inspector or owner of an inspection station is |
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convicted of a: |
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(A) felony or Class A or Class B misdemeanor; |
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(B) similar crime under the jurisdiction of |
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another state or the federal government that is punishable to the |
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same extent as a felony or a Class A or Class B misdemeanor in this |
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state; or |
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(C) crime under the jurisdiction of another state |
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or the federal government that would be a felony or a Class A or |
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Class B misdemeanor if the crime were committed in this state. |
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(a-1) In this section, "intentionally" and "knowingly" have |
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the meanings assigned by Section 6.03, Penal Code. |
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(c) If the department suspends a certificate because of a |
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violation of Subchapter F in which an inspector knowingly and |
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intentionally used an exhaust emissions sample or diagnostic |
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connector from a vehicle in the issuance of an inspection |
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certificate for a different vehicle, the suspension must be for a |
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period of not less than six months. The suspension may not be |
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probated or deferred. |
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SECTION 2. Section 548.407, Transportation Code, is amended |
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by amending Subsections (g) and (l) and adding Subsection (m) to |
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read as follows: |
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(g) If the director receives a timely request under |
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Subsection (f), the director shall provide the person with an |
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opportunity for a hearing as soon as practicable. A hearing on a |
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revocation or suspension under Subsection (d) that takes effect on |
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receipt of the notice must be held not later than three working [14] |
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days after the department receives the request for hearing. The |
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revocation or suspension continues in effect until the hearing is |
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completed if the hearing is continued beyond the three-working-day |
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[14-day] period[:
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[(1)
at the request of the inspector or inspection
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station; or
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[(2)
on a finding of good cause by a judge,
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administrative law judge, or hearing officer]. |
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(l) If an administrative law judge of the State Office of |
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Administrative Hearings conducts a hearing under this section and |
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the proposal for decision supports the position of the department, |
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the proposal for decision may recommend a denial of an application |
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or a revocation or suspension of a certificate [only]. The proposal |
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may also [not] recommend a reprimand or a probated or otherwise |
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deferred disposition of the denial, revocation, or suspension. If |
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the administrative law judge makes a proposal for a decision to deny |
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an application or to suspend or revoke a certificate, the |
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administrative law judge shall include in the proposal a finding of |
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the costs, fees, expenses, and reasonable and necessary attorney's |
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fees the state incurred in bringing the proceeding. The director |
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may adopt the finding for costs, fees, and expenses and make the |
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finding a part of the final order entered in the proceeding. |
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Proceeds collected from a finding made under this subsection shall |
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be paid to the department. |
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(m) If a proposal for decision under Subsection (l) does not |
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recommend the denial of an application or the revocation or |
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suspension of a certificate, the director may not deny the |
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application or revoke or suspend the certificate. |
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SECTION 3. Section 548.601(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person, including an inspector or an inspection |
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station, commits an offense if the person knowingly and |
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intentionally: |
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(1) issues an inspection certificate [with knowledge
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that the issuance is] in violation of this chapter or rules adopted |
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under this chapter; |
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(2) falsely or fraudulently represents to the owner or |
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operator of a vehicle that equipment inspected or required to be |
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inspected must be repaired, adjusted, or replaced for the vehicle |
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to pass an inspection; |
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(3) misrepresents: |
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(A) material information in an application in |
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violation of Section 548.402 or 548.403; or |
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(B) information filed with the department under |
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this chapter or as required by department rule; |
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(4) issues an inspection certificate: |
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(A) without authorization to issue the |
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certificate; or |
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(B) without inspecting the vehicle; |
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(5) issues an inspection certificate for a vehicle |
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with knowledge that the vehicle has not been repaired, adjusted, or |
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corrected after an inspection has shown a repair, adjustment, or |
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correction to be necessary; |
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(6) [knowingly] issues an inspection certificate: |
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(A) for a vehicle without conducting an |
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inspection of each item required to be inspected; or |
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(B) for a vehicle that is missing an item |
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required to be inspected or that has an item required to be |
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inspected that is not in compliance with state law or department |
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rules; |
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(7) refuses to allow a vehicle's owner to have a |
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qualified person of the owner's choice make a required repair, |
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adjustment, or correction; |
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(8) charges for an inspection an amount greater than |
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the authorized fee; or |
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(9) performs an act prohibited by or fails to perform |
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an act required by this chapter or a rule adopted under this |
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chapter. |
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SECTION 4. (a) The change in law made by this Act to Section |
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548.405, Transportation Code, that relates to the denial of an |
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application for an inspection station certificate or an inspector |
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certificate applies only to an application that is filed on or after |
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the effective date of this Act. An application for an inspection |
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station certificate or an inspector certificate filed before the |
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effective date of this Act is covered by the law in effect on the |
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date the application was filed, and the former law is continued in |
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effect for that purpose. |
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(b) The change in law made by this Act to Section 548.405, |
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Transportation Code, that relates to the revocation or suspension |
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of an inspection station certificate or an inspector certificate |
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applies only to a suspension or revocation for conduct committed on |
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or after the effective date of this Act. A revocation or suspension |
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of an inspection station certificate or an inspector certificate |
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for conduct committed before the effective date of this Act is |
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covered by the law in effect on the date the conduct was committed, |
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and the former law is continued in effect for that purpose. |
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(c) The change in law to Section 548.407, Transportation |
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Code, made by this Act applies only to a hearing on the denial, |
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revocation, or suspension of a certificate that is commenced on or |
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after the effective date of this Act. A hearing that was commenced |
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before the effective date of this Act is covered by the law in |
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effect when the hearing was commenced, and the former law is |
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continued in effect for that purpose. |
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(d) The change in law to Section 548.601, Transportation |
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Code, made by this Act applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is covered by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |