82R4177 NAJ-F
By: J. Davis of Harris H.B. No. 2419
A BILL TO BE ENTITLED
AN ACT
relating to toilet accommodations at filling stations; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 341.061, Health and Safety Code, is
amended to read as follows:
Sec. 341.061. TOILET FACILITIES. An operator, manager, or
superintendent of a public building, schoolhouse, theater,
[filling station,] tourist court, bus station, or tavern shall
provide and maintain sanitary toilet accommodations.
SECTION 2. Subchapter D, Chapter 341, Health and Safety
Code, is amended by adding Section 341.0615 to read as follows:
Sec. 341.0615. FILLING STATIONS. (a) In this section,
"filling station" means a facility that:
(1) sells motor fuel;
(2) provides one or more attendants; and
(3) offers one or more of the following products or
services:
(A) tire repair;
(B) oil change;
(C) battery charging;
(D) motor vehicle repair;
(E) food service; or
(F) retail or wholesale sale of goods in
conjunction with the sale of motor fuel.
(b) An operator, manager, or superintendent of a filling
station shall provide and maintain sanitary toilet accommodations.
(c) Toilet accommodations must be:
(1) permanently installed;
(2) in compliance with all applicable building and
plumbing codes;
(3) made available to the traveling public or
customers during normal business hours; and
(4) cleaned and serviced at least once during each
24-hour period.
(d) An operator, manager, or superintendent of a filling
station shall post a sign in a conspicuous location readily visible
to a person entering the toilet accommodations. The sign must
contain the following statement in letters at least one inch in
height: "Please report deficiencies in cleanliness or
serviceability, water leakage, waste of water, or lack of supplies
to the Texas State Board of Plumbing Examiners, Austin, Texas, at
1-800-845-6584."
(e) The Texas State Board of Plumbing Examiners shall
enforce this section.
(f) The Texas State Board of Plumbing Examiners may inspect
a filling station to determine compliance with this section.
SECTION 3. The heading to Subchapter F, Chapter 341, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER F. CRIMINAL AND CIVIL PENALTIES
SECTION 4. Chapter 341, Health and Safety Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. ADMINISTRATIVE PENALTY
Sec. 341.101. DEFINITION. Notwithstanding Section
341.001, in this subchapter, "board" means the Texas State Board of
Plumbing Examiners.
Sec. 341.102. IMPOSITION OF PENALTY. The board may impose
an administrative penalty on a person who violates Section
341.0615.
Sec. 341.103. AMOUNT OF PENALTY. (a) The amount of an
administrative penalty may not exceed $1,000 for each violation.
Each day a violation continues or occurs is a separate violation for
purposes of imposing a penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) orts made to correct the violation; and
(6) any other matter that justice may require.
(c) The board by rule or through procedures adopted by the
board and published in the Texas Register shall develop a
standardized penalty schedule based on the criteria listed in
Subsection (b).
Sec. 341.104. REPORT AND NOTICE OF VIOLATION AND PENALTY.
(a) If the enforcement committee determines that a violation
occurred, the enforcement committee may issue to the board a report
stating:
(1) the facts on which the determination is based; and
(2) the committee's recommendation on the imposition
of the penalty, including a recommendation on the amount of the
penalty.
(b) Not later than the 14th day after the date the report is
issued, the enforcement committee shall give written notice of the
report to the person.
(c) The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended penalty; and
(3) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
Sec. 341.105. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Not later than the 20th day after the date the person receives the
notice, the person in writing may:
(1) accept the determination and recommended penalty
of the enforcement committee; or
(2) make a request for a hearing on the occurrence of
the violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended
penalty of the enforcement committee, the board by order shall
approve the determination and impose the recommended penalty.
Sec. 341.106. HEARING. (a) If the person requests a
hearing or fails to respond in a timely manner to the notice, the
enforcement committee shall set a hearing and give written notice
of the hearing to the person. An administrative law judge of the
State Office of Administrative Hearings shall hold the hearing.
(b) The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the board a proposal
for a decision about the occurrence of the violation and the amount
of a proposed penalty.
Sec. 341.107. DECISION BY BOARD. (a) Based on the findings
of fact, conclusions of law, and proposal for a decision, the board
by order may:
(1) find that a violation occurred and impose a
penalty; or
(2) find that a violation did not occur.
(b) The notice of the board's order given to the person must
include a statement of the right of the person to judicial review of
the order.
Sec. 341.108. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
Not later than the 30th day after the date the board's order becomes
final, the person shall:
(1) pay the penalty; or
(2) file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
Sec. 341.109. STAY OF ENFORCEMENT OF PENALTY. (a) Within
the 30-day period prescribed by Section 341.108, a person who files
a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving the court a supersedeas bond approved
by the court that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review
of the board's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) sending a copy of the affidavit to the
enforcement committee by certified mail.
(b) If the enforcement committee receives a copy of an
affidavit under Subsection (a)(2), the executive director may file
with the court, not later than the fifth day after the date the copy
is received, a contest to the affidavit.
(c) The court shall hold a hearing on the facts alleged in
the affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Sec. 341.110. DECISION BY COURT. (a) If the court sustains
the finding that a violation occurred, the court may uphold or
reduce the amount of the penalty and order the person to pay the
full or reduced amount of the penalty.
(b) If the court does not sustain the finding that a
violation occurred, the court shall order that a penalty is not
owed.
Sec. 341.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
the person paid the penalty and if the amount of the penalty is
reduced or the penalty is not upheld by the court, the court shall
order, when the court's judgment becomes final, that the
appropriate amount plus accrued interest be remitted to the person.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on
the date the penalty is paid and ending on the date the penalty is
remitted.
Sec. 341.112. RELEASE OF BOND. (a) If the person gave a
supersedeas bond and the penalty is not upheld by the court, the
court shall order, when the court's judgment becomes final, the
release of the bond.
(b) If the person gave a supersedeas bond and the amount of
the penalty is reduced, the court shall order the release of the
bond after the person pays the reduced amount.
Sec. 341.113. COLLECTION OF PENALTY. (a) If the person
does not pay the penalty and the enforcement of the penalty is not
stayed, the penalty may be collected.
(b) The attorney general may sue to collect the penalty.
Sec. 341.114. ADMINISTRATIVE PROCEDURE. A proceeding to
impose the penalty is considered to be a contested case under
Chapter 2001, Government Code.
SECTION 5. This Act takes effect September 1, 2011.