| 1 | 1 | | 81R26626 JD-D |
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| 2 | 2 | | By: Branch H.B. No. 3457 |
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| 3 | 3 | | Substitute the following for H.B. No. 3457: |
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| 4 | 4 | | By: Pickett C.S.H.B. No. 3457 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the compulsory inspection of motor vehicles; providing |
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| 10 | 10 | | penalties. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 548.3065, Transportation |
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| 13 | 13 | | Code, is amended to read as follows: |
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| 14 | 14 | | Sec. 548.3065. ADMINISTRATIVE AND CIVIL PENALTIES |
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| 15 | 15 | | [PENALTY]. |
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| 16 | 16 | | SECTION 2. Section 548.3065, Transportation Code, is |
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| 17 | 17 | | amended by amending Subsection (c) and adding Subsections (c-1), |
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| 18 | 18 | | (e), and (f) to read as follows: |
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| 19 | 19 | | (c) For purposes of Subsection (a) [Except as otherwise |
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| 20 | 20 | | provided by this section], the procedures for determining and |
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| 21 | 21 | | administering an administrative penalty [under this section] |
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| 22 | 22 | | against a person charged with violating this chapter are the same as |
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| 23 | 23 | | those prescribed by Section 643.251 for determining and |
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| 24 | 24 | | administering an administrative penalty against a motor carrier |
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| 25 | 25 | | under that section. |
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| 26 | 26 | | (c-1) The Texas Commission on Environmental Quality may |
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| 27 | 27 | | impose an administrative penalty on a person in the amount of $500 |
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| 28 | 28 | | for each violation of this subchapter or a rule adopted by the |
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| 29 | 29 | | commission under this subchapter. |
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| 30 | 30 | | (e) An inspection station that violates a provision of this |
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| 31 | 31 | | chapter or a rule of the department issued under this chapter is |
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| 32 | 32 | | liable for a civil penalty of not less than $250 or more than $500 |
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| 33 | 33 | | for each violation. The district or county attorney for the county |
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| 34 | 34 | | in which the inspection station is located or the attorney general |
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| 35 | 35 | | may bring suit in the name of this state to collect the penalty. |
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| 36 | 36 | | (f) An inspector who violates a provision of this chapter or |
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| 37 | 37 | | a rule of the department issued under this chapter is liable for a |
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| 38 | 38 | | civil penalty of not less than $250 or more than $500 for each |
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| 39 | 39 | | violation. The district or county attorney for the county in which |
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| 40 | 40 | | the inspection station that employs the inspector is located or the |
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| 41 | 41 | | attorney general may bring suit in the name of this state to collect |
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| 42 | 42 | | the penalty. |
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| 43 | 43 | | SECTION 3. Subchapter G, Chapter 548, Transportation Code, |
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| 44 | 44 | | is amended by adding Section 548.4045 to read as follows: |
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| 45 | 45 | | Sec. 548.4045. BOND REQUIRED. (a) An application for |
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| 46 | 46 | | certification as an inspection station or an inspector must be |
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| 47 | 47 | | accompanied by a surety bond in the amount of $500, payable to this |
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| 48 | 48 | | state and conditioned on the future compliance with this chapter |
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| 49 | 49 | | and rules adopted by the department or the Texas Commission on |
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| 50 | 50 | | Environmental Quality under this chapter. |
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| 51 | 51 | | (b) The attorney general or the district or county attorney |
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| 52 | 52 | | for the county in which the inspection station is located or in |
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| 53 | 53 | | which the inspection station that employs the inspector is located |
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| 54 | 54 | | may bring suit in the name of this state to recover on the bond. |
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| 55 | 55 | | SECTION 4. Section 548.601, Transportation Code, is amended |
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| 56 | 56 | | by amending Subsection (b) and adding Subsection (b-1) to read as |
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| 57 | 57 | | follows: |
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| 58 | 58 | | (b) Except as provided by Subsection (b-1) or as [Unless] |
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| 59 | 59 | | otherwise specified in this chapter, an offense under this section |
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| 60 | 60 | | is a Class C misdemeanor. |
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| 61 | 61 | | (b-1) An offense under Subsection (a)(1), (a)(5), or (a)(6) |
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| 62 | 62 | | is a Class A misdemeanor. |
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| 63 | 63 | | SECTION 5. (a) The change in law made by this Act to |
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| 64 | 64 | | Sections 548.3065 and 548.601, Transportation Code, applies only to |
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| 65 | 65 | | a violation or an offense committed by a vehicle inspection station |
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| 66 | 66 | | or a vehicle inspector on or after the effective date of this Act. A |
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| 67 | 67 | | violation or an offense committed by a vehicle inspection station |
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| 68 | 68 | | or a vehicle inspector before the effective date of this Act is |
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| 69 | 69 | | governed by the law in effect when the violation or offense was |
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| 70 | 70 | | committed, and the former law is continued in effect for that |
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| 71 | 71 | | purpose. |
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| 72 | 72 | | (b) The change in law made by this Act in connection with an |
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| 73 | 73 | | application for certification as a vehicle inspection station or a |
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| 74 | 74 | | vehicle inspector applies only to an application for certification |
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| 75 | 75 | | that is filed on or after the effective date of this Act. An |
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| 76 | 76 | | application for certification as a vehicle inspection station or a |
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| 77 | 77 | | vehicle inspector that is filed before the effective date of this |
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| 78 | 78 | | Act is governed by the law in effect when the application was filed, |
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| 79 | 79 | | and the former law is continued in effect for that purpose. |
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| 80 | 80 | | SECTION 6. This Act takes effect September 1, 2009. |
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