82R11562 MAW-F
By: Elkins H.B. No. 2929
Substitute the following for H.B. No. 2929:
By: Kuempel C.S.H.B. No. 2929
A BILL TO BE ENTITLED
AN ACT
relating to authorization to impose an administrative penalty on
salvage vehicle dealers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 2302, Occupations Code, is
amended by adding Section 2302.354 to read as follows:
Sec. 2302.354. ADMINISTRATIVE PENALTY. (a) The department
may impose an administrative penalty against a person licensed
under this chapter who violates this chapter or a rule or order
adopted under this chapter.
(b) The penalty may not be less than $50 or more than $1,000,
and each day a violation continues or occurs is a separate violation
for the purpose of imposing a penalty. The amount of the penalty
shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity 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) efforts to correct the violation; and
(6) any other matter that justice requires.
(c) The person may stay enforcement during the time the
order is under judicial review if the person pays the penalty to the
court clerk or files a supersedeas bond with the court in the amount
of the penalty. A person who cannot afford to pay the penalty or
file the bond may stay enforcement by filing an affidavit in the
manner required by the Texas Rules of Civil Procedure for a party
who cannot afford to file security for costs, subject to the right
of the department to contest the affidavit as provided by those
rules.
(d) A proceeding to impose an administrative penalty is
subject to Chapter 2001, Government Code.
SECTION 2. Section 2302.354, Occupations Code, as added by
this Act, applies only to a violation of Chapter 2302, Occupations
Code, or a rule or order of the Texas Department of Motor Vehicles
adopted under that chapter, committed on or after the effective
date of this Act. A violation committed before the effective date
of this Act is governed by the law in effect when the violation was
committed, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2011.