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. Section 548.405, Transportation Code, is amended
by adding Subsections (a-1), (a-2), (a-3), and (a-4) and amending
Subsection (b) to read as follows:
(a-1) The department shall 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 has been convicted of a felony under the
laws of this state, another state, or the United States during the
seven years preceding the date the application was filed or the date
the certificate is revoked.
(a-2) The department shall deny a person's application for
an inspector certificate or revoke an inspector certificate if the
applicant or certificate holder has been convicted of a felony
under the laws of this state, another state, or the United States
during the seven years preceding the date the application was filed
or the date the certificate is revoked.
(a-3) A felony conviction may not be grounds for a denial or
revocation under Subsection (a-1) or (a-2) unless the offense
involved fraud, a deceptive trade practice, a misrepresentation, a
deceptive business practice, extortion, bribery, a breach of a
fiduciary duty, counterfeiting, or the falsification of a
government document.
(a-4) Beginning September 1, 2009, the Dallas County
Sheriff's Office shall track and monitor the number of citations
issued in this state to operators of motor vehicles on which a
counterfeit or fraudulent inspection certificate is displayed. Not
later than July 1, 2015, the Dallas County Sheriff's Office shall
submit a report to the department on the total number of such
citations issued between September 1, 2009, and June 1, 2015. If
the department determines that the number of reported citations
does not indicate a decrease in the frequency of fraudulent
inspections, not later than July 1, 2015, the department shall
issue an order stating that determination. If the department
issues such an order, this subsection and Subsections (a), (a-1),
(a-2), (a-3), and (b) expire September 1, 2015.
(b) For purposes of Subsections (a)(7), (a-1), 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. (a) Effective September 1, 2015, Subsection
(b), Section 548.405, Transportation Code, is reenacted to read as
follows:
(b) For purposes of 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.
(b) Subsection (a) of this section takes effect only if the
Department of Public Safety of the State of Texas issues an order
under Subsection (a-4), Section 548.405, Transportation Code, as
added by this Act. If the Department of Public Safety of the State
of Texas does not issue an order under Subsection (a-4), Section
548.405, Transportation Code, as added by this Act, Subsection (a)
of this section has no effect.
SECTION 3. 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 4. Except as otherwise provided by this Act, this
Act takes effect September 1, 2009.