81R23702 JD-D
By: Quintanilla H.B. No. 3490
Substitute the following for H.B. No. 3490:
By: Merritt C.S.H.B. No. 3490
A BILL TO BE ENTITLED
AN ACT
relating to the administrative consequences of certain conduct
committed by 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 (h) and (i) and adding Subsections (j) and
(k) to read as follows:
(h) The department shall develop[, by September 1, 2002,] a
penalty schedule consisting of warnings, re-education,
administrative penalties, suspensions, and revocations based on
the severity and frequency of offenses committed under this chapter
[Chapter 548, Transportation Code,] and rules adopted by the
department under this chapter.
(i) The department shall develop[, by September 1, 2002,] a
penalty schedule consisting of administrative penalties,
suspensions, and revocations based on the severity and frequency of
offenses committed in the emissions testing of motor vehicles under
Section 382.202, Health and Safety Code, and Chapter 548,
Subchapter F, of this code.
(j) As an alternative to the suspension or revocation of the
certificate of a person, inspection station, or inspector under
this section, the department may impose an administrative penalty
on the person, inspection station, or inspector.
(k) The amount of an administrative penalty imposed under
Subsection (j) may not exceed $1,000 for each act that constitutes
grounds for imposition of the penalty. A separate penalty may be
imposed for each day that an act that constitutes grounds for
imposition of the penalty continues. The aggregate amount of
separate penalties on a person, inspection station, or inspector
may not exceed $10,000.
SECTION 2. The Texas Department of Public Safety shall
develop the penalty schedules required by Sections 548.405(h) and
(i), Transportation Code, as amended by this Act, not later than
October 1, 2009.
SECTION 3. Section 548.405, Transportation Code, as amended
by this Act, applies only to the suspension or revocation of the
certificate of a person, inspection station, or inspector under
that section, or the imposition of an administrative penalty on
that person, inspection station, or inspector, 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.
SECTION 4. This Act takes effect September 1, 2009.