By: Shapleigh  S.B. No. 617
         (In the Senate - Filed February 2, 2009; February 23, 2009,
  read first time and referred to Committee on Transportation and
  Homeland Security; March 20, 2009, reported favorably by the
  following vote:  Yeas 9, Nays 0; March 20, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to requiring a retail seller of motor vehicle tires to
  render certain tires unusable; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 5, Business & Commerce Code, as
  effective April 1, 2009, is amended by adding Chapter 108 to read as
  follows:
  CHAPTER 108. REQUIREMENTS FOR RETAIL SELLERS OF MOTOR VEHICLE
  TIRES
         Sec. 108.001.  RENDERING CERTAIN MOTOR VEHICLE TIRES
  UNUSABLE. (a)  A business that sells new or used tires at retail
  for use on a motor vehicle shall render a tire held as inventory or
  purchased or received in exchange from a customer unusable if the
  tire does not meet the inspection criteria adopted by rule of the
  Department of Public Safety under Section 548.002, Transportation
  Code.
         (b)  A business shall render a tire unusable for purposes of
  Subsection (a) by:
               (1)  puncturing a hole two inches across from the
  surface through the entire body of the tire so that the tire cannot
  be temporarily repaired by the use of blowout patches or boots; or
               (2)  taking any other action necessary to prevent the
  tire from being used on a motor vehicle.
         Sec. 108.002.  RULEMAKING AUTHORITY. The Department of
  Public Safety may adopt rules to implement this chapter.
         Sec. 108.003.  CIVIL PENALTY. (a)  A business that violates
  this chapter is liable to the state for a civil penalty in an amount
  not to exceed $500 for each violation.
         (b)  The attorney general or the appropriate district or
  county attorney may bring an action under this chapter in the name
  of the state in a district court in:
               (1)  Travis County; or
               (2)  the county in which the violation occurs.
         SECTION 2.  This Act takes effect September 1, 2009.
 
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