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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. Section 548.405, Transportation Code, is amended |
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by adding Subsections (a-1), (a-2), (a-3), and (a-4) and amending |
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Subsection (b) to read as follows: |
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(a-1) The department shall deny a person's application for |
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an inspection station certificate or revoke an inspection station |
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certificate if the applicant, the certificate holder, or the owner |
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of the inspection station has been convicted of a felony under the |
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laws of this state, another state, or the United States during the |
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seven years preceding the date the application was filed or the date |
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the certificate is revoked. |
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(a-2) The department shall deny a person's application for |
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an inspector certificate or revoke an inspector certificate if the |
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applicant or certificate holder has been convicted of a felony |
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under the laws of this state, another state, or the United States |
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during the seven years preceding the date the application was filed |
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or the date the certificate is revoked. |
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(a-3) A felony conviction may not be grounds for a denial or |
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revocation under Subsection (a-1) or (a-2) unless the offense |
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involved fraud, a deceptive trade practice, a misrepresentation, a |
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deceptive business practice, extortion, bribery, a breach of a |
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fiduciary duty, counterfeiting, or the falsification of a |
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government document. |
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(a-4) Beginning September 1, 2009, the Dallas County |
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Sheriff's Office shall track and monitor the number of citations |
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issued in this state to operators of motor vehicles on which a |
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counterfeit or fraudulent inspection certificate is displayed. Not |
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later than July 1, 2015, the Dallas County Sheriff's Office shall |
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submit a report to the department on the total number of such |
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citations issued between September 1, 2009, and June 1, 2015. If |
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the department determines that the number of reported citations |
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does not indicate a decrease in the frequency of fraudulent |
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inspections, not later than July 1, 2015, the department shall |
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issue an order stating that determination. If the department |
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issues such an order, this subsection and Subsections (a), (a-1), |
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(a-2), (a-3), and (b) expire September 1, 2015. |
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(b) For purposes of Subsections (a)(7), (a-1), 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. (a) Effective September 1, 2015, Subsection |
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(b), Section 548.405, Transportation Code, is reenacted to read as |
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follows: |
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(b) For purposes of Subsection (a)(7), a person is convicted |
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of an offense if a court enters against the person an adjudication |
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of the person's guilt, including an order of probation or deferred |
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adjudication. |
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(b) Subsection (a) of this section takes effect only if the |
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Department of Public Safety of the State of Texas issues an order |
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under Subsection (a-4), Section 548.405, Transportation Code, as |
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added by this Act. If the Department of Public Safety of the State |
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of Texas does not issue an order under Subsection (a-4), Section |
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548.405, Transportation Code, as added by this Act, Subsection (a) |
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of this section has no effect. |
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SECTION 3. 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 4. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2009. |
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* * * * * |