81R3086 JD-D
By: Carona S.B. No. 368
A BILL TO BE ENTITLED
AN ACT
relating to the denial, suspension, or revocation of a motor
vehicle inspection station certificate or an inspector
certificate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 548.405(a) and (b), Transportation
Code, are amended to read as follows:
(a) The department:
(1) 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:
(A) [(1)] the station or inspector conducts an
inspection, fails to conduct an inspection, or issues a
certificate:
(i) [(A)] in violation of this chapter or a
rule adopted under this chapter; or
(ii) [(B)] without complying with the
requirements of this chapter or a rule adopted under this chapter;
(B) [(2)] the person, station, or inspector
commits an offense under this chapter or violates this chapter or a
rule adopted under this chapter;
(C) [(3)] the applicant or certificate holder
does not meet the standards for certification under this chapter or
a rule adopted under this chapter;
(D) [(4)] the station or inspector does not
maintain the qualifications for certification or does not comply
with a certification requirement under Subchapter G;
(E) [(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;
(F) [(6)] the station or inspector does not pay a
fee required by Subchapter H; or
(G) [(7)] the inspector or owner of an inspection
station is convicted of a:
(i) [(A) felony or] Class A or Class B
misdemeanor;
(ii) [(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
(iii) [(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; and
(2) shall:
(A) deny a person's application for an inspection
station certificate or revoke an inspection station certificate if
the applicant, the certificate holder, or the owner of the
inspection station is convicted of a felony under the laws of this
state, another state, or the United States; or
(B) deny a person's application for an inspector
certificate or revoke an inspector certificate if the applicant or
certificate holder is convicted of a felony under the laws of this
state, another state, or the United States.
(b) For purposes of Subsections (a)(1)(G) and (a)(2)
[Subsection (a)(7)], a person is convicted of an offense if a court
enters against the person an adjudication of the person's guilt,
including an order of probation or deferred adjudication.
SECTION 2. The changes in law made by this Act to Section
548.405, Transportation Code, that relate to an applicant for an
inspection station certificate or an inspector certificate, apply
only to an applicant who files an application on or after the
effective date of this Act. An applicant for an inspection station
certificate or an inspector certificate who filed an application
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.
SECTION 3. This Act takes effect September 1, 2009.