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A BILL TO BE ENTITLED
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AN ACT
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relating to the compulsory inspection of motor vehicles; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 548.3065, Transportation Code, is |
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amended by amending Subsection (c) and adding Subsection (c-1) to |
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read as follows: |
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(c) For purposes of Subsection (a) [Except as otherwise
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provided by this section], the procedures for determining and |
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administering an administrative penalty [under this section] |
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against a person charged with violating this chapter are the same as |
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those prescribed by Section 643.251 for determining and |
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administering an administrative penalty against a motor carrier |
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under that section. |
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(c-1) The conservation commission may impose an |
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administrative penalty on a person in the amount of not more than |
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$500 for each violation of this subchapter or a rule adopted by the |
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conservation commission under this subchapter. |
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SECTION 2. Subchapter G, Chapter 548, Transportation Code, |
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is amended by adding Section 548.4045 to read as follows: |
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Sec. 548.4045. BOND REQUIRED FOR CERTAIN INSPECTION |
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STATIONS. (a) This section applies only to an inspection station |
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that: |
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(1) is located in a county in which the conservation |
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commission has established a motor vehicle emissions inspection and |
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maintenance program under Subchapter F; and |
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(2) has been convicted of a violation of this chapter |
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relating to an emissions inspection. |
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(b) An application for certification as an inspection |
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station must be accompanied by a surety bond in the amount of |
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$5,000, payable to this state and conditioned on the future |
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compliance with this chapter and rules adopted by the department or |
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the conservation commission under this chapter. |
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(c) The attorney general or the district or county attorney |
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for the county in which the inspection station is located or in |
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which the inspection station that employs the inspector is located |
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may bring suit in the name of this state to recover on the bond. |
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SECTION 3. Section 548.506, Transportation Code, is amended |
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to read as follows: |
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Sec. 548.506. FEE FOR CERTIFICATION AS INSPECTOR. An |
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applicant for certification as an inspector must submit with the |
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applicant's first application a fee of $25 [$10] for certification |
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until August 31 of the even-numbered year following the date of |
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certification. To be certified after August 31 of that year, the |
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applicant must pay $25 [$10] as a certificate fee for each |
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subsequent two-year period. |
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SECTION 4. Section 548.507, Transportation Code, is amended |
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to read as follows: |
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Sec. 548.507. FEE FOR CERTIFICATION AS INSPECTION STATION. |
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(a) Except as provided by Subsection (b) or (c), after [When] an |
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applicant for certification as an inspection station is notified |
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that the application will be approved, the applicant must [shall] |
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pay a fee of $100 [$30] for certification until August 31 of the |
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odd-numbered year after the date of appointment. To be certified |
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after August 31 of that year, the applicant must pay a fee of $100 |
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[$30] for certification for each subsequent two-year period. |
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(b) If an applicant for certification as an inspection |
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station has been convicted of a violation of this chapter relating |
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to an emissions inspection under Subchapter F, after notification |
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that the application will be approved, the applicant must pay a fee |
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of $500 for certification until August 31 of the odd-numbered year |
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after the date of appointment. To be certified after August 31 of |
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that year, the applicant must pay a fee of $100 for certification |
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for each subsequent two-year period. |
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(c) If an applicant for certification as an inspection |
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station has been convicted of two or more violations of this chapter |
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relating to an emissions inspection under Subchapter F, after |
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notification that the application will be approved, the applicant |
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must pay a fee of $1,500 for certification until August 31 of the |
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odd-numbered year after the date of appointment. To be certified |
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after August 31 of that year, the applicant must pay a fee of $100 |
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for certification for each subsequent two-year period. |
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SECTION 5. Subchapter I, Chapter 548, Transportation Code, |
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is amended by adding Section 548.6015 to read as follows: |
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Sec. 548.6015. CIVIL PENALTIES. (a) An inspection station |
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that violates a provision of this chapter relating to an emissions |
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inspection under Subchapter F is liable for a civil penalty of not |
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less than $250 or more than $500 for each violation. The district |
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or county attorney for the county in which the inspection station is |
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located or the attorney general may bring suit in the name of this |
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state to collect the penalty. |
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(b) An inspector who violates a provision of this chapter |
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relating to an emissions inspection under Subchapter F is liable |
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for a civil penalty of not less than $50 or more than $150 for each |
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violation. The district or county attorney for the county in which |
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the inspection station that employs the inspector is located or the |
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attorney general may bring suit in the name of this state to collect |
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the penalty. |
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SECTION 6. Subchapter I, Chapter 548, Transportation Code, |
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is amended by adding Sections 548.6035 and 548.6036 to read as |
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follows: |
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Sec. 548.6035. FRAUDULENT EMISSIONS INSPECTION OF MOTOR |
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VEHICLE. (a) A person commits an offense if, in connection with a |
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required emissions inspection of a motor vehicle, the person |
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knowingly: |
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(1) places or causes to be placed on a motor vehicle an |
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inspection certificate, if: |
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(A) the vehicle does not meet the emissions |
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requirements established by the department; or |
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(B) the person has not inspected the vehicle; |
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(2) manipulates an emissions test result; |
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(3) uses or causes to be used emissions data from |
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another motor vehicle as a substitute for the motor vehicle being |
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inspected; or |
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(4) bypasses or circumvents a fuel cap test. |
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(b) A first offense under Subsections (a)(1)-(3) is a Class |
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B misdemeanor. |
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(c) Except as provided by Subsection (d), a second or |
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subsequent offense under Subsections (a)(1)-(3) is a Class A |
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misdemeanor. |
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(d) If it is found on trial of an offense under Subsections |
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(a)(1)-(3) that the person committing the offense acted with the |
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intent to defraud or harm another person, the offense is a state |
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jail felony. |
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(e) An offense under Subsection (a)(4) is a Class C |
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misdemeanor. |
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(f) It is a defense to prosecution under Subsection (a)(4) |
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that the analyzer used by the person developed a functional problem |
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during the emissions inspection of the fuel cap that prevented the |
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person from properly conducting the fuel cap test portion of the |
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emissions inspection. |
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Sec. 548.6036. ACTIONS OF EMPLOYEE. (a) Except as |
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provided by Subsection (b), an inspection station is not subject to |
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prosecution under this subchapter for an act of an employee of the |
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inspection station if the inspection station requires the employee |
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to sign a written agreement to abide by the provisions of: |
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(1) this chapter; |
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(2) Chapter 382, Health and Safety Code; and |
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(3) all rules adopted under those chapters. |
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(b) An inspection station is subject to prosecution under |
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this subchapter for an act of an employee of the inspection station |
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if the inspection station: |
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(1) has received written notification from the |
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department or another agency that the employee has committed an |
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offense under this chapter; and |
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(2) continues to allow the employee to perform |
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inspections under this chapter. |
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SECTION 7. (a) The change in law made by this Act to |
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Section 548.3065, Transportation Code, applies only to a violation |
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or an offense committed on or after the effective date of this Act. |
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A violation or an offense committed before the effective date of |
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this Act is governed by the law in effect when the violation or |
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offense was committed, and the former law is continued in effect for |
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that purpose. |
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(b) The changes in law made by Section 548.4045, |
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Transportation Code, as added by this Act, and Sections 548.506 and |
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548.507, Transportation Code, as amended by this Act, in connection |
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with an application for certification as a vehicle inspection |
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station or a vehicle inspector apply only to an application for |
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certification that is filed on or after the effective date of this |
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Act. An application for certification as a vehicle inspection |
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station or a vehicle inspector that is filed before the effective |
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date of this Act is governed by the law in effect when the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |
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