By: Shapleigh, Wentworth S.B. No. 617
A BILL TO BE ENTITLED
AN ACT
relating to requiring a retail seller of motor vehicle tires to
render certain tires unusable; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as
effective April 1, 2009, is amended by adding Chapter 108 to read as
follows:
CHAPTER 108. REQUIREMENTS FOR RETAIL SELLERS OF MOTOR VEHICLE
TIRES
Sec. 108.001. RENDERING CERTAIN MOTOR VEHICLE TIRES
UNUSABLE. (a) A business that sells new or used tires at retail
for use on a motor vehicle shall render a tire held as inventory or
purchased or received in exchange from a customer unusable if the
tire does not meet the inspection criteria adopted by rule of the
Department of Public Safety under Section 548.002, Transportation
Code.
(b) A business shall render a tire unusable for purposes of
Subsection (a) by:
(1) puncturing a hole two inches across from the
surface through the entire body of the tire so that the tire cannot
be temporarily repaired by the use of blowout patches or boots; or
(2) taking any other action necessary to prevent the
tire from being used on a motor vehicle.
Sec. 108.002. RULEMAKING AUTHORITY. The Department of
Public Safety may adopt rules to implement this chapter.
Sec. 108.003. CIVIL PENALTY. (a) A business that violates
this chapter is liable to the state for a civil penalty in an amount
not to exceed $500 for each violation.
(b) The attorney general or the appropriate district or
county attorney may bring an action under this chapter in the name
of the state in a district court in:
(1) Travis County; or
(2) the county in which the violation occurs.
SECTION 2. This Act takes effect September 1, 2009.