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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a retail seller of motor vehicle tires to |
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render certain tires unusable; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as |
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effective April 1, 2009, is amended by adding Chapter 108 to read as |
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follows: |
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CHAPTER 108. REQUIREMENTS FOR RETAIL SELLERS OF MOTOR VEHICLE |
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TIRES |
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Sec. 108.001. RENDERING CERTAIN MOTOR VEHICLE TIRES |
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UNUSABLE. (a) A business that sells new or used tires at retail |
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for use on a motor vehicle shall render a tire held as inventory or |
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purchased or received in exchange from a customer unusable if the |
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tire does not meet the inspection criteria adopted by rule of the |
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Department of Public Safety under Section 548.002, Transportation |
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Code. |
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(b) A business shall render a tire unusable for purposes of |
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Subsection (a) by: |
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(1) puncturing a hole two inches across from the |
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surface through the entire body of the tire so that the tire cannot |
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be temporarily repaired by the use of blowout patches or boots; or |
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(2) taking any other action necessary to prevent the |
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tire from being used on a motor vehicle. |
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Sec. 108.002. RULEMAKING AUTHORITY. The Department of |
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Public Safety may adopt rules to implement this chapter. |
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Sec. 108.003. CIVIL PENALTY. (a) A business that violates |
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this chapter is liable to the state for a civil penalty in an amount |
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not to exceed $500 for each violation. |
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(b) The attorney general or the appropriate district or |
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county attorney may bring an action under this chapter in the name |
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of the state in a district court in: |
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(1) Travis County; or |
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(2) the county in which the violation occurs. |
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SECTION 2. This Act takes effect September 1, 2009. |