| 1 | 1 | | By: Shapleigh, Wentworth S.B. No. 617 |
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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 requiring a retail seller of motor vehicle tires to |
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| 7 | 7 | | render certain tires unusable; providing a civil penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as |
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| 10 | 10 | | effective April 1, 2009, is amended by adding Chapter 108 to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | CHAPTER 108. REQUIREMENTS FOR RETAIL SELLERS OF MOTOR VEHICLE |
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| 13 | 13 | | TIRES |
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| 14 | 14 | | Sec. 108.001. RENDERING CERTAIN MOTOR VEHICLE TIRES |
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| 15 | 15 | | UNUSABLE. (a) A business that sells new or used tires at retail |
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| 16 | 16 | | for use on a motor vehicle shall render a tire held as inventory or |
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| 17 | 17 | | purchased or received in exchange from a customer unusable if the |
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| 18 | 18 | | tire does not meet the inspection criteria adopted by rule of the |
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| 19 | 19 | | Department of Public Safety under Section 548.002, Transportation |
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| 20 | 20 | | Code. |
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| 21 | 21 | | (b) A business shall render a tire unusable for purposes of |
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| 22 | 22 | | Subsection (a) by: |
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| 23 | 23 | | (1) puncturing a hole two inches across from the |
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| 24 | 24 | | surface through the entire body of the tire so that the tire cannot |
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| 25 | 25 | | be temporarily repaired by the use of blowout patches or boots; or |
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| 26 | 26 | | (2) taking any other action necessary to prevent the |
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| 27 | 27 | | tire from being used on a motor vehicle. |
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| 28 | 28 | | Sec. 108.002. RULEMAKING AUTHORITY. The Department of |
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| 29 | 29 | | Public Safety may adopt rules to implement this chapter. |
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| 30 | 30 | | Sec. 108.003. CIVIL PENALTY. (a) A business that violates |
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| 31 | 31 | | this chapter is liable to the state for a civil penalty in an amount |
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| 32 | 32 | | not to exceed $500 for each violation. |
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| 33 | 33 | | (b) The attorney general or the appropriate district or |
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| 34 | 34 | | county attorney may bring an action under this chapter in the name |
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| 35 | 35 | | of the state in a district court in: |
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| 36 | 36 | | (1) Travis County; or |
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| 37 | 37 | | (2) the county in which the violation occurs. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2009. |
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