| 1 | 1 | | By: Carona S.B. No. 368 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the denial, suspension, or revocation of a motor |
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| 7 | 7 | | vehicle inspection station certificate or an inspector |
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| 8 | 8 | | certificate. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 548.405, Transportation Code, is amended |
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| 11 | 11 | | by adding Subsections (a-1), (a-2), (a-3), and (a-4) and amending |
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| 12 | 12 | | Subsection (b) to read as follows: |
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| 13 | 13 | | (a-1) The department shall deny a person's application for |
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| 14 | 14 | | an inspection station certificate or revoke an inspection station |
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| 15 | 15 | | certificate if the applicant, the certificate holder, or the owner |
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| 16 | 16 | | of the inspection station has been convicted of a felony under the |
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| 17 | 17 | | laws of this state, another state, or the United States during the |
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| 18 | 18 | | seven years preceding the date the application was filed or the date |
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| 19 | 19 | | the certificate is revoked. |
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| 20 | 20 | | (a-2) The department shall deny a person's application for |
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| 21 | 21 | | an inspector certificate or revoke an inspector certificate if the |
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| 22 | 22 | | applicant or certificate holder has been convicted of a felony |
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| 23 | 23 | | under the laws of this state, another state, or the United States |
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| 24 | 24 | | during the seven years preceding the date the application was filed |
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| 25 | 25 | | or the date the certificate is revoked. |
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| 26 | 26 | | (a-3) A felony conviction may not be grounds for a denial or |
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| 27 | 27 | | revocation under Subsection (a-1) or (a-2) unless the offense |
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| 28 | 28 | | involved fraud, a deceptive trade practice, a misrepresentation, a |
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| 29 | 29 | | deceptive business practice, extortion, bribery, a breach of a |
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| 30 | 30 | | fiduciary duty, counterfeiting, or the falsification of a |
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| 31 | 31 | | government document. |
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| 32 | 32 | | (a-4) Beginning September 1, 2009, the Dallas County |
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| 33 | 33 | | Sheriff's Office shall track and monitor the number of citations |
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| 34 | 34 | | issued in this state to operators of motor vehicles on which a |
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| 35 | 35 | | counterfeit or fraudulent inspection certificate is displayed. Not |
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| 36 | 36 | | later than July 1, 2015, the Dallas County Sheriff's Office shall |
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| 37 | 37 | | submit a report to the department on the total number of such |
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| 38 | 38 | | citations issued between September 1, 2009, and June 1, 2015. If |
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| 39 | 39 | | the department determines that the number of reported citations |
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| 40 | 40 | | does not indicate a decrease in the frequency of fraudulent |
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| 41 | 41 | | inspections, not later than July 1, 2015, the department shall |
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| 42 | 42 | | issue an order stating that determination. If the department |
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| 43 | 43 | | issues such an order, this subsection and Subsections (a), (a-1), |
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| 44 | 44 | | (a-2), (a-3), and (b) expire September 1, 2015. |
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| 45 | 45 | | (b) For purposes of Subsections (a)(7), (a-1), and (a-2) |
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| 46 | 46 | | [Subsection (a)(7)], a person is convicted of an offense if a court |
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| 47 | 47 | | enters against the person an adjudication of the person's guilt, |
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| 48 | 48 | | including an order of probation or deferred adjudication. |
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| 49 | 49 | | SECTION 2. (a) Effective September 1, 2015, Subsection |
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| 50 | 50 | | (b), Section 548.405, Transportation Code, is reenacted to read as |
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| 51 | 51 | | follows: |
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| 52 | 52 | | (b) For purposes of Subsection (a)(7), a person is convicted |
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| 53 | 53 | | of an offense if a court enters against the person an adjudication |
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| 54 | 54 | | of the person's guilt, including an order of probation or deferred |
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| 55 | 55 | | adjudication. |
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| 56 | 56 | | (b) Subsection (a) of this section takes effect only if the |
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| 57 | 57 | | Department of Public Safety of the State of Texas issues an order |
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| 58 | 58 | | under Subsection (a-4), Section 548.405, Transportation Code, as |
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| 59 | 59 | | added by this Act. If the Department of Public Safety of the State |
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| 60 | 60 | | of Texas does not issue an order under Subsection (a-4), Section |
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| 61 | 61 | | 548.405, Transportation Code, as added by this Act, Subsection (a) |
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| 62 | 62 | | of this section has no effect. |
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| 63 | 63 | | SECTION 3. The changes in law made by this Act to Section |
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| 64 | 64 | | 548.405, Transportation Code, that relate to an applicant for an |
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| 65 | 65 | | inspection station certificate or an inspector certificate, apply |
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| 66 | 66 | | only to an applicant who files an application on or after the |
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| 67 | 67 | | effective date of this Act. An applicant for an inspection station |
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| 68 | 68 | | certificate or an inspector certificate who filed an application |
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| 69 | 69 | | before the effective date of this Act is covered by the law in |
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| 70 | 70 | | effect on the date the application was filed and the former law is |
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| 71 | 71 | | continued in effect for that purpose. |
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| 72 | 72 | | SECTION 4. Except as otherwise provided by this Act, this |
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| 73 | 73 | | Act takes effect September 1, 2009. |
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