81R12944 JD-F
By: Quintanilla H.B. No. 3490
A BILL TO BE ENTITLED
AN ACT
relating to the administrative and criminal consequences of certain
conduct committed by an applicant for or a holder of a motor vehicle
inspection station certificate or an inspector certificate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 548.405, Transportation Code, is amended
by amending Subsections (a) and (c) and adding Subsection (a-1) to
read as follows:
(a) The department may deny a person's application for a
certificate, revoke or suspend the certificate of a person,
inspection station, or inspector, place on probation a person who
holds a suspended certificate, or reprimand a person who holds a
certificate if:
(1) the station or inspector knowingly and
intentionally conducts an inspection, fails to conduct an
inspection, or issues a certificate:
(A) in violation of this chapter or a rule
adopted under this chapter; or
(B) without complying with the requirements of
this chapter or a rule adopted under this chapter;
(2) the person, station, or inspector commits an
offense under this chapter or violates this chapter or a rule
adopted under this chapter;
(3) the applicant or certificate holder does not meet
the standards for certification under this chapter or a rule
adopted under this chapter;
(4) the station or inspector does not maintain the
qualifications for certification or does not comply with a
certification requirement under Subchapter G;
(5) the certificate holder or the certificate holder's
agent, employee, or representative commits an act or omission that
would cause denial, revocation, or suspension of a certificate to
an individual applicant or certificate holder;
(6) the station or inspector does not pay a fee
required by Subchapter H; or
(7) the inspector or owner of an inspection station is
convicted of a:
(A) felony or Class A or Class B misdemeanor;
(B) similar crime under the jurisdiction of
another state or the federal government that is punishable to the
same extent as a felony or a Class A or Class B misdemeanor in this
state; or
(C) crime under the jurisdiction of another state
or the federal government that would be a felony or a Class A or
Class B misdemeanor if the crime were committed in this state.
(a-1) In this section, "intentionally" and "knowingly" have
the meanings assigned by Section 6.03, Penal Code.
(c) If the department suspends a certificate because of a
violation of Subchapter F in which an inspector knowingly and
intentionally used an exhaust emissions sample or diagnostic
connector from a vehicle in the issuance of an inspection
certificate for a different vehicle, the suspension must be for a
period of not less than six months. The suspension may not be
probated or deferred.
SECTION 2. Section 548.407, Transportation Code, is amended
by amending Subsections (g) and (l) and adding Subsection (m) to
read as follows:
(g) If the director receives a timely request under
Subsection (f), the director shall provide the person with an
opportunity for a hearing as soon as practicable. A hearing on a
revocation or suspension under Subsection (d) that takes effect on
receipt of the notice must be held not later than three working [14]
days after the department receives the request for hearing. The
revocation or suspension continues in effect until the hearing is
completed if the hearing is continued beyond the three-working-day
[14-day] period[:
[(1) at the request of the inspector or inspection
station; or
[(2) on a finding of good cause by a judge,
administrative law judge, or hearing officer].
(l) If an administrative law judge of the State Office of
Administrative Hearings conducts a hearing under this section and
the proposal for decision supports the position of the department,
the proposal for decision may recommend a denial of an application
or a revocation or suspension of a certificate [only]. The proposal
may also [not] recommend a reprimand or a probated or otherwise
deferred disposition of the denial, revocation, or suspension. If
the administrative law judge makes a proposal for a decision to deny
an application or to suspend or revoke a certificate, the
administrative law judge shall include in the proposal a finding of
the costs, fees, expenses, and reasonable and necessary attorney's
fees the state incurred in bringing the proceeding. The director
may adopt the finding for costs, fees, and expenses and make the
finding a part of the final order entered in the proceeding.
Proceeds collected from a finding made under this subsection shall
be paid to the department.
(m) If a proposal for decision under Subsection (l) does not
recommend the denial of an application or the revocation or
suspension of a certificate, the director may not deny the
application or revoke or suspend the certificate.
SECTION 3. Section 548.601(a), Transportation Code, is
amended to read as follows:
(a) A person, including an inspector or an inspection
station, commits an offense if the person knowingly and
intentionally:
(1) issues an inspection certificate [with knowledge
that the issuance is] in violation of this chapter or rules adopted
under this chapter;
(2) falsely or fraudulently represents to the owner or
operator of a vehicle that equipment inspected or required to be
inspected must be repaired, adjusted, or replaced for the vehicle
to pass an inspection;
(3) misrepresents:
(A) material information in an application in
violation of Section 548.402 or 548.403; or
(B) information filed with the department under
this chapter or as required by department rule;
(4) issues an inspection certificate:
(A) without authorization to issue the
certificate; or
(B) without inspecting the vehicle;
(5) issues an inspection certificate for a vehicle
with knowledge that the vehicle has not been repaired, adjusted, or
corrected after an inspection has shown a repair, adjustment, or
correction to be necessary;
(6) [knowingly] issues an inspection certificate:
(A) for a vehicle without conducting an
inspection of each item required to be inspected; or
(B) for a vehicle that is missing an item
required to be inspected or that has an item required to be
inspected that is not in compliance with state law or department
rules;
(7) refuses to allow a vehicle's owner to have a
qualified person of the owner's choice make a required repair,
adjustment, or correction;
(8) charges for an inspection an amount greater than
the authorized fee; or
(9) performs an act prohibited by or fails to perform
an act required by this chapter or a rule adopted under this
chapter.
SECTION 4. (a) The change in law made by this Act to Section
548.405, Transportation Code, that relates to the denial of an
application for an inspection station certificate or an inspector
certificate applies only to an application that is filed on or after
the effective date of this Act. An application for an inspection
station certificate or an inspector certificate filed before the
effective date of this Act is covered by the law in effect on the
date the application was filed, and the former law is continued in
effect for that purpose.
(b) The change in law made by this Act to Section 548.405,
Transportation Code, that relates to the revocation or suspension
of an inspection station certificate or an inspector certificate
applies only to a suspension or revocation for conduct committed on
or after the effective date of this Act. A revocation or suspension
of an inspection station certificate or an inspector certificate
for conduct committed before the effective date of this Act is
covered by the law in effect on the date the conduct was committed,
and the former law is continued in effect for that purpose.
(c) The change in law to Section 548.407, Transportation
Code, made by this Act applies only to a hearing on the denial,
revocation, or suspension of a certificate that is commenced on or
after the effective date of this Act. A hearing that was commenced
before the effective date of this Act is covered by the law in
effect when the hearing was commenced, and the former law is
continued in effect for that purpose.
(d) The change in law to Section 548.601, Transportation
Code, made by this Act applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is covered by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense was committed before that date.
SECTION 5. This Act takes effect September 1, 2009.