| 1 | 1 | | 81R23702 JD-D |
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| 2 | 2 | | By: Quintanilla H.B. No. 3490 |
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| 3 | 3 | | Substitute the following for H.B. No. 3490: |
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| 4 | 4 | | By: Merritt C.S.H.B. No. 3490 |
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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 administrative consequences of certain conduct |
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| 10 | 10 | | committed by a holder of a motor vehicle inspection station |
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| 11 | 11 | | certificate or an inspector certificate. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 548.405, Transportation Code, is amended |
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| 14 | 14 | | by amending Subsections (h) and (i) and adding Subsections (j) and |
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| 15 | 15 | | (k) to read as follows: |
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| 16 | 16 | | (h) The department shall develop[, by September 1, 2002,] a |
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| 17 | 17 | | penalty schedule consisting of warnings, re-education, |
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| 18 | 18 | | administrative penalties, suspensions, and revocations based on |
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| 19 | 19 | | the severity and frequency of offenses committed under this chapter |
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| 20 | 20 | | [Chapter 548, Transportation Code,] and rules adopted by the |
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| 21 | 21 | | department under this chapter. |
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| 22 | 22 | | (i) The department shall develop[, by September 1, 2002,] a |
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| 23 | 23 | | penalty schedule consisting of administrative penalties, |
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| 24 | 24 | | suspensions, and revocations based on the severity and frequency of |
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| 25 | 25 | | offenses committed in the emissions testing of motor vehicles under |
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| 26 | 26 | | Section 382.202, Health and Safety Code, and Chapter 548, |
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| 27 | 27 | | Subchapter F, of this code. |
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| 28 | 28 | | (j) As an alternative to the suspension or revocation of the |
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| 29 | 29 | | certificate of a person, inspection station, or inspector under |
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| 30 | 30 | | this section, the department may impose an administrative penalty |
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| 31 | 31 | | on the person, inspection station, or inspector. |
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| 32 | 32 | | (k) The amount of an administrative penalty imposed under |
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| 33 | 33 | | Subsection (j) may not exceed $1,000 for each act that constitutes |
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| 34 | 34 | | grounds for imposition of the penalty. A separate penalty may be |
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| 35 | 35 | | imposed for each day that an act that constitutes grounds for |
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| 36 | 36 | | imposition of the penalty continues. The aggregate amount of |
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| 37 | 37 | | separate penalties on a person, inspection station, or inspector |
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| 38 | 38 | | may not exceed $10,000. |
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| 39 | 39 | | SECTION 2. The Texas Department of Public Safety shall |
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| 40 | 40 | | develop the penalty schedules required by Sections 548.405(h) and |
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| 41 | 41 | | (i), Transportation Code, as amended by this Act, not later than |
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| 42 | 42 | | October 1, 2009. |
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| 43 | 43 | | SECTION 3. Section 548.405, Transportation Code, as amended |
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| 44 | 44 | | by this Act, applies only to the suspension or revocation of the |
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| 45 | 45 | | certificate of a person, inspection station, or inspector under |
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| 46 | 46 | | that section, or the imposition of an administrative penalty on |
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| 47 | 47 | | that person, inspection station, or inspector, for conduct |
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| 48 | 48 | | committed on or after the effective date of this Act. A revocation |
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| 49 | 49 | | or suspension of an inspection station certificate or an inspector |
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| 50 | 50 | | certificate for conduct committed before the effective date of this |
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| 51 | 51 | | Act is covered by the law in effect on the date the conduct was |
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| 52 | 52 | | committed, and the former law is continued in effect for that |
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| 53 | 53 | | purpose. |
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| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2009. |
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