| 1 | 1 | | 81R3086 JD-D |
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| 2 | 2 | | By: Hartnett H.B. No. 470 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the denial, suspension, or revocation of a motor |
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| 8 | 8 | | vehicle inspection station certificate or an inspector |
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| 9 | 9 | | certificate. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 548.405(a) and (b), Transportation |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | (a) The department: |
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| 14 | 14 | | (1) may deny a person's application for a certificate, |
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| 15 | 15 | | revoke or suspend the certificate of a person, inspection station, |
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| 16 | 16 | | or inspector, place on probation a person who holds a suspended |
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| 17 | 17 | | certificate, or reprimand a person who holds a certificate if: |
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| 18 | 18 | | (A) [(1)] the station or inspector conducts an |
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| 19 | 19 | | inspection, fails to conduct an inspection, or issues a |
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| 20 | 20 | | certificate: |
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| 21 | 21 | | (i) [(A)] in violation of this chapter or a |
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| 22 | 22 | | rule adopted under this chapter; or |
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| 23 | 23 | | (ii) [(B)] without complying with the |
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| 24 | 24 | | requirements of this chapter or a rule adopted under this chapter; |
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| 25 | 25 | | (B) [(2)] the person, station, or inspector |
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| 26 | 26 | | commits an offense under this chapter or violates this chapter or a |
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| 27 | 27 | | rule adopted under this chapter; |
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| 28 | 28 | | (C) [(3)] the applicant or certificate holder |
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| 29 | 29 | | does not meet the standards for certification under this chapter or |
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| 30 | 30 | | a rule adopted under this chapter; |
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| 31 | 31 | | (D) [(4)] the station or inspector does not |
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| 32 | 32 | | maintain the qualifications for certification or does not comply |
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| 33 | 33 | | with a certification requirement under Subchapter G; |
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| 34 | 34 | | (E) [(5)] the certificate holder or the |
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| 35 | 35 | | certificate holder's agent, employee, or representative commits an |
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| 36 | 36 | | act or omission that would cause denial, revocation, or suspension |
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| 37 | 37 | | of a certificate to an individual applicant or certificate holder; |
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| 38 | 38 | | (F) [(6)] the station or inspector does not pay a |
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| 39 | 39 | | fee required by Subchapter H; or |
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| 40 | 40 | | (G) [(7)] the inspector or owner of an inspection |
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| 41 | 41 | | station is convicted of a: |
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| 42 | 42 | | (i) [(A) felony or] Class A or Class B |
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| 43 | 43 | | misdemeanor; |
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| 44 | 44 | | (ii) [(B)] similar crime under the |
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| 45 | 45 | | jurisdiction of another state or the federal government that is |
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| 46 | 46 | | punishable to the same extent as a [felony or a] Class A or Class B |
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| 47 | 47 | | misdemeanor in this state; or |
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| 48 | 48 | | (iii) [(C)] crime under the jurisdiction of |
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| 49 | 49 | | another state or the federal government that would be a [felony or |
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| 50 | 50 | | a] Class A or Class B misdemeanor if the crime were committed in |
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| 51 | 51 | | this state; and |
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| 52 | 52 | | (2) shall: |
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| 53 | 53 | | (A) deny a person's application for an inspection |
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| 54 | 54 | | station certificate or revoke an inspection station certificate if |
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| 55 | 55 | | the applicant, the certificate holder, or the owner of the |
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| 56 | 56 | | inspection station is convicted of a felony under the laws of this |
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| 57 | 57 | | state, another state, or the United States; or |
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| 58 | 58 | | (B) deny a person's application for an inspector |
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| 59 | 59 | | certificate or revoke an inspector certificate if the applicant or |
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| 60 | 60 | | certificate holder is convicted of a felony under the laws of this |
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| 61 | 61 | | state, another state, or the United States. |
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| 62 | 62 | | (b) For purposes of Subsections (a)(1)(G) and (a)(2) |
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| 63 | 63 | | [Subsection (a)(7)], a person is convicted of an offense if a court |
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| 64 | 64 | | enters against the person an adjudication of the person's guilt, |
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| 65 | 65 | | including an order of probation or deferred adjudication. |
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| 66 | 66 | | SECTION 2. The changes in law made by this Act to Section |
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| 67 | 67 | | 548.405, Transportation Code, that relate to an applicant for an |
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| 68 | 68 | | inspection station certificate or an inspector certificate, apply |
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| 69 | 69 | | only to an applicant who files an application on or after the |
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| 70 | 70 | | effective date of this Act. An applicant for an inspection station |
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| 71 | 71 | | certificate or an inspector certificate who filed an application |
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| 72 | 72 | | before the effective date of this Act is covered by the law in |
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| 73 | 73 | | effect on the date the application was filed and the former law is |
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| 74 | 74 | | continued in effect for that purpose. |
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| 75 | 75 | | SECTION 3. This Act takes effect September 1, 2009. |
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