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A BILL TO BE ENTITLED
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AN ACT
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relating to authorization to impose an administrative penalty on |
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salvage vehicle dealers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 2302, Occupations Code, is |
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amended by adding Section 2302.354 to read as follows: |
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Sec. 2302.354. ADMINISTRATIVE PENALTY. (a) The department |
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may impose an administrative penalty against a person licensed |
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under this chapter who violates this chapter or a rule or order |
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adopted under this chapter. |
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(b) The penalty may not be less than $50 or more than $1,000, |
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and each day a violation continues or occurs is a separate violation |
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for the purpose of imposing a penalty. The amount of the penalty |
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shall be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the economic harm caused by the violation; |
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(3) the history of previous violations; |
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(4) the amount necessary to deter a future violation; |
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(5) efforts to correct the violation; and |
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(6) any other matter that justice requires. |
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(c) The person may stay enforcement during the time the |
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order is under judicial review if the person pays the penalty to the |
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court clerk or files a supersedeas bond with the court in the amount |
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of the penalty. A person who cannot afford to pay the penalty or |
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file the bond may stay enforcement by filing an affidavit in the |
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manner required by the Texas Rules of Civil Procedure for a party |
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who cannot afford to file security for costs, subject to the right |
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of the department to contest the affidavit as provided by those |
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rules. |
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(d) A proceeding to impose an administrative penalty is |
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subject to Chapter 2001, Government Code. |
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SECTION 2. Section 2302.354, Occupations Code, as added by |
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this Act, applies only to a violation of Chapter 2302, Occupations |
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Code, or a rule or order of the Texas Department of Motor Vehicles |
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adopted under that chapter, committed on or after the effective |
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date of this Act. A violation committed before the effective date |
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of this Act is governed by the law in effect when the violation was |
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committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |