81R11515 JD-F
By: Branch H.B. No. 3457
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. Sections 548.506 and 548.507, Transportation
Code, are amended to read as follows:
Sec. 548.506. FEE FOR CERTIFICATION AS INSPECTOR. An
applicant for certification as an inspector must submit with the
applicant's first application a fee of $250 [$10] for certification
until August 31 of the even-numbered year following the date of
certification. To be certified after August 31 of that year, the
applicant must pay $250 [$10] as a certificate fee for each
subsequent two-year period.
Sec. 548.507. FEE FOR CERTIFICATION AS INSPECTION STATION.
When an applicant for certification as an inspection station is
notified that the application will be approved, the applicant shall
pay a fee of $500 [$30] for certification until August 31 of the
odd-numbered year after the date of appointment. To be certified
after August 31 of that year, the applicant must pay a fee of $500
[$30] for certification for each subsequent two-year period.
SECTION 4. 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 5. 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), (a)(5), or (a)(6)
is a Class A misdemeanor.
SECTION 6. (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 changes in law made by this Act in connection with an
application for certification as a vehicle inspection station or a
vehicle inspector apply 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 7. This Act takes effect September 1, 2009.