By: West S.B. No. 2110

A BILL TO BE ENTITLED

AN ACT

relating to the compulsory inspection of motor vehicles; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 548.3065, Transportation Code, is amended to read as follows:

Sec. 548.3065. ADMINISTRATIVE AND CIVIL PENALTIES [PENALTY].

SECTION 2. Section 548.3065, Transportation Code, is amended by amending Subsection (c) and adding Subsections (c-1), (e), and (f) to read as follows:

(c) For purposes of Subsection (a) [Except as otherwise provided by this section], the procedures for determining and administering an administrative penalty [under this section] against a person charged with violating this chapter are the same as those prescribed by Section 643.251 for determining and administering an administrative penalty against a motor carrier under that section.

(c-1) The Texas Commission on Environmental Quality may impose an administrative penalty on a person in the amount of $500 for each violation of this subchapter or a rule adopted by the commission under this subchapter.

(e) An inspection station that violates a provision of this chapter or a rule of the department issued under this chapter is liable for a civil penalty of not less than $250 or more than $500 for each violation. The district or county attorney for the county in which the inspection station is located or the attorney general may bring suit in the name of this state to collect the penalty.

(f) An inspector who violates a provision of this chapter or a rule of the department issued under this chapter is liable for a civil penalty of not less than $250 or more than $500 for each violation. The district or county attorney for the county in which the inspection station that employs the inspector is located or the attorney general may bring suit in the name of this state to collect the penalty.

SECTION 3. Subchapter G, Chapter 548, Transportation Code, is amended by adding Section 548.4045 to read as follows:

Sec. 548.4045. BOND REQUIRED. (a) An application for certification as an inspection station or an inspector must be accompanied by a surety bond in the amount of $500, payable to this state and conditioned on the future compliance with this chapter and rules adopted by the department or the Texas Commission on Environmental Quality under this chapter.

(b) The attorney general or the district or county attorney for the county in which the inspection station is located or in which the inspection station that employs the inspector is located may bring suit in the name of this state to recover on the bond.

SECTION 4. Section 548.601, Transportation Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) Except as provided by Subsection (b-1) or as [Unless] otherwise specified in this chapter, an offense under this section is a Class C misdemeanor.

(b-1) An offense under Subsection (a)(1), (5), or (6) is a Class A misdemeanor.

SECTION 5. (a) The change in law made by this Act to Sections 548.3065 and 548.601, Transportation Code, applies only to a violation or an offense committed by a vehicle inspection station or a vehicle inspector on or after the effective date of this Act. A violation or an offense committed by a vehicle inspection station or a vehicle inspector before the effective date of this Act is governed by the law in effect when the violation or offense was committed, and the former law is continued in effect for that purpose.

(b) The change in law made by this Act in connection with an application for certification as a vehicle inspection station or a vehicle inspector applies only to an application for certification that is filed on or after the effective date of this Act. An application for certification as a vehicle inspection station or a vehicle inspector that is filed before the effective date of this Act is governed by the law in effect when the application was filed, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2009.